S T A T E   O F   N E W   Y O R K
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                                  4946

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to  creating  the
  Westchester county workforce housing incentive program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature hereby finds that  it
is the public policy of the state of New York to foster the goal of home
ownership  and the provision of affordable workforce housing in areas of
the state, such as the county of Westchester, where there is a  shortage
of  such  housing.  It  is  further found by this legislature that local
governments have a responsibility to assist in the providing of  a  fair
share  of  the regional need for affordable housing. Further, each local
government has the  responsibility to establish a land use plan for  its
community  that  provides  balanced  and diverse housing options for all
segments of the community.
  This act shall provide that when five or  more  residential  units  or
mixed-use  development  with  five or more residential units are seeking
approval to be built, Westchester county's local governments in exchange
for a density bonus on  site  shall  require  that  as  a  condition  of
approval  for such site plans and subdivisions the provision of afforda-
ble workforce housing in an amount equal to at least ten percent of  the
housing units be set aside. In the alternative, where a local government
determines  that  the provision of suitable affordable workforce housing
may not be provided on site,  that  in  lieu  of  said  requirement,  in
exchange  for a density bonus, either a payment may be made of a reason-
able sum to be determined by the local government  for  the  purpose  of
affordable  workforce  housing,  which sum shall constitute a trust fund
for that purpose, or other land and affordable workforce  housing  units
constructed  thereon  may be provided off-site.  It is the intent of the
legislature that the density bonus offered by local governments pursuant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03362-01-9
              

S. 4946                             2

to this act shall contribute significantly to the  economic  feasibility
of affordable workforce housing in new residential or mixed-use develop-
ments.
  S 2. The general municipal law is amended by adding a new article 16-B
to read as follows:
                               ARTICLE 16-B
         WESTCHESTER COUNTY WORKFORCE HOUSING INCENTIVE PROGRAM
SECTION 699-H.   DEFINITIONS.
        699-I. WESTCHESTER COUNTY WORKFORCE HOUSING INCENTIVE PROGRAM.
        699-J. TECHNICAL  ASSISTANCE  FOR  WESTCHESTER  COUNTY WORKFORCE
                 HOUSING INCENTIVE PROGRAM.
  S 699-H. DEFINITIONS. AS USED IN  THIS  ARTICLE  THE  FOLLOWING  TERMS
SHALL MEAN:
  1.  "AFFORDABLE  WORKFORCE  HOUSING"  MEANS HOUSING FOR INDIVIDUALS OR
FAMILIES AT OR BELOW EIGHTY PERCENT OF THE MEDIAN INCOME FOR  THE  WEST-
CHESTER  COUNTY  PRIMARY METROPOLITAN STATISTICAL AREA AS DEFINED BY THE
FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. FOR THE PURPOSES OF
THIS SECTION,  THE  AFFORDABLE  WORKFORCE  HOUSING  UNITS  SHALL  BE  OF
CONSISTENT DESIGN TO THOSE OF THE REST OF THE DEVELOPMENT.
  2.  "DENSITY  BONUS" MEANS A DENSITY INCREASE OF AT LEAST TEN PERCENT,
UNLESS A LESSER PERCENTAGE IS ELECTED BY THE APPLICANT OVER  THE  OTHER-
WISE  MAXIMUM  ALLOWABLE RESIDENTIAL DENSITY OR FLOOR AREA RATIO IF PART
OF A MIXED-USE DEVELOPMENT UNDER THE  APPLICABLE  ZONING  ORDINANCE  AND
COMPREHENSIVE PLAN AS OF THE DATE OF APPLICATION BY THE APPLICANT TO THE
LOCAL GOVERNMENT. ALL DENSITY CALCULATIONS RESULTING IN FRACTIONAL UNITS
SHALL  BE ROUNDED UP TO THE NEXT WHOLE NUMBER. THE GRANTING OF A DENSITY
BONUS SHALL NOT REQUIRE, IN AND OF ITSELF, A COMPREHENSIVE  PLAN  AMEND-
MENT,  ZONING  CHANGE OR OTHER DISCRETIONARY APPROVAL. THE DENSITY BONUS
SHALL NOT BE INCLUDED WHEN DETERMINING THE NUMBER  OF  AFFORDABLE  WORK-
FORCE HOUSING UNITS THAT CONSTITUTE TEN PERCENT OF THE TOTAL.
  3. "LOCAL GOVERNMENT" MEANS THE COUNTY OF WESTCHESTER, OR ANY VILLAGE,
CITY OR TOWN WITHIN SUCH COUNTY.
  S  699-I.  WESTCHESTER  COUNTY WORKFORCE HOUSING INCENTIVE PROGRAM. 1.
WHEN A LOCAL GOVERNMENT APPROVES A SUBDIVISION PLAT  OR  SITE  PLAN  FOR
FIVE  OR MORE RESIDENTIAL UNITS OR A MIXED-USE DEVELOPMENT THAT INCORPO-
RATES FIVE OR  MORE  RESIDENTIAL  UNITS,  SUCH  LOCAL  GOVERNMENT  SHALL
REQUIRE OF THE APPLICANT:
  A.  IN  EXCHANGE  FOR  A  DENSITY BONUS, THE SET ASIDE OF AT LEAST TEN
PERCENT OF SUCH UNITS FOR AFFORDABLE WORKFORCE HOUSING ON SITE; OR
  B. UPON THE LOCAL GOVERNMENT MAKING A FINDING THAT THE SET ASIDE OF AT
LEAST TEN PERCENT OF SUCH UNITS FOR AFFORDABLE WORKFORCE  HOUSING  WOULD
HAVE  A  SPECIFIC  ADVERSE IMPACT UPON HEALTH, SAFETY OR THE ENVIRONMENT
FOR WHICH THERE IS NO FEASIBLE  METHOD  TO  SATISFACTORILY  MITIGATE  OR
AVOID  THE  SPECIFIC  ADVERSE  IMPACT,  THE PAYMENT OF A REASONABLE FEE,
BASED UPON THE FAIR MARKET VALUE OF THE ADDITIONAL LOTS OR UNITS RESULT-
ING FROM THE DENSITY BONUS, TO THE LOCAL GOVERNMENT THAT  SHALL  CONSTI-
TUTE A TRUST FUND TO BE USED EXCLUSIVELY BY THE LOCAL GOVERNMENT FOR THE
PURPOSE  OF PROVIDING AFFORDABLE WORKFORCE HOUSING BY ACQUIRING LAND FOR
THE SPECIFIC  PURPOSE  OF  PROVIDING  AFFORDABLE  WORKFORCE  HOUSING  OR
CONSTRUCTING  AFFORDABLE WORKFORCE HOUSING; OR REHABILITATING STRUCTURES
FOR THE SPECIFIC PURPOSE OF AFFORDABLE  WORKFORCE  HOUSING.    ALL  FEES
COLLECTED  BY  THE LOCAL GOVERNMENT AS PROVIDED IN THIS SECTION SHALL BE
IN EXCHANGE FOR A DENSITY BONUS AND SHALL BE DEPOSITED IN A SINGLE TRUST
FUND FOR THE LOCAL GOVERNMENT AND SHALL BE KEPT IN  TRUST  AND  SEPARATE
AND  APART  FROM  ALL OTHER MONIES.   MONEYS IN SUCH TRUST FUND SHALL BE
DEPOSITED AND SECURED IN THE MANNER PROVIDED  BY  SECTION  TEN  OF  THIS

S. 4946                             3

CHAPTER.  PENDING  EXPENDITURES FROM SUCH TRUST FUND, MONEYS THEREIN MAY
BE INVESTED IN THE MANNER PROVIDED IN SECTION ELEVEN  OF  THIS  CHAPTER.
ANY  INTEREST EARNED OR CAPITAL GAIN REALIZED ON THE MONEYS SO DEPOSITED
OR INVESTED SHALL ACCRUE TO AND BECOME PART OF SUCH TRUST FUND; OR
  C.  IN  EXCHANGE FOR A DENSITY BONUS, THE PROVISION OF OTHER LANDS AND
CONSTRUCTION OF THE AFFORDABLE WORKFORCE HOUSING UNITS THAT ARE NOT PART
OF THE SITE PLAN OR SUBDIVISION PLAT WHERE IT IS DETERMINED BY THE LOCAL
GOVERNMENT THAT SUITABLE AFFORDABLE WORKFORCE HOUSING CANNOT BE PROVIDED
ON SITE.
  2. THE LOCAL GOVERNMENT SHALL PROVIDE AN  APPLICANT,  SUBJECT  TO  THE
PROVISIONS  OF  THIS ARTICLE, A DENSITY BONUS FOR PROVIDING THE REQUIRED
AFFORDABLE WORKFORCE HOUSING UNITS. THE LOCAL GOVERNMENT SHALL GRANT THE
ADDITIONAL DENSITY BONUS UNLESS SUCH LOCAL GOVERNMENT  MAKES  A  WRITTEN
FINDING,  BASED UPON SUBSTANTIAL EVIDENCE, THAT THE DENSITY BONUS IS NOT
REQUIRED IN ORDER TO PROVIDE AFFORDABLE WORKFORCE HOUSING  OR  THAT  THE
DENSITY  BONUS  WOULD HAVE A SPECIFIC ADVERSE IMPACT UPON HEALTH, SAFETY
OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE  METHOD  TO  SATISFAC-
TORILY MITIGATE OR AVOID THE SPECIFIC ADVERSE IMPACT.
  3.  WITHIN  ONE  YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE LOCAL
GOVERNMENT SHALL ADOPT AN ORDINANCE OR LOCAL LAW THAT SPECIFIES HOW  THE
LOCAL  GOVERNMENT  SHALL  IMPLEMENT  THIS  ARTICLE, INCLUDING PROVISIONS
SPECIFYING HOW DENSITY BONUSES WILL BE PROVIDED.  THE  LOCAL  GOVERNMENT
SHALL ALSO ESTABLISH PROCEDURES FOR WAIVING OR MODIFYING DEVELOPMENT AND
ZONING STANDARDS THAT WOULD OTHERWISE INHIBIT THE UTILIZATION OF DENSITY
BONUSES  ON  SPECIFIC SITES.   THE LOCAL GOVERNMENT'S ORDINANCE OR LOCAL
LAW SHALL ENSURE THE CONTINUED AFFORDABILITY OF ALL AFFORDABLE WORKFORCE
HOUSING UNITS FOR A PERIOD OF THIRTY YEARS, OR A LONGER PERIOD  OF  TIME
IF  REQUIRED  BY  A  MORTGAGE  FINANCING  ASSISTANCE PROGRAM, A MORTGAGE
INSURANCE PROGRAM OR A RENTAL SUBSIDY PROGRAM.
  4. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS  ARTICLE,  THE  LOCAL
GOVERNMENT WILL DEVELOP A STRATEGY FOR UTILIZING THE MONIES IN THE TRUST
FUND WITHIN THREE YEARS OF SUCH MONEYS BEING COLLECTED.
  5.  A  LOCAL  GOVERNMENT MAY ENTER INTO INTERMUNICIPAL AGREEMENTS WITH
CONTIGUOUS LOCAL GOVERNMENTS TO MEET THE PURPOSES OF THIS ARTICLE.
  S 699-J. TECHNICAL ASSISTANCE FOR WESTCHESTER COUNTY WORKFORCE HOUSING
INCENTIVE PROGRAM. THE DEPARTMENT OF STATE SHALL  PROVIDE,  THROUGH  ITS
OFFICE  OF  LOCAL  GOVERNMENTS  SERVICES,  TECHNICAL ASSISTANCE TO LOCAL
GOVERNMENTS THAT ARE DRAFTING ORDINANCES AND LOCAL LAWS TO  COMPLY  WITH
THE PROVISIONS OF THIS ARTICLE.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.