Sponsor: OPPENHEIMER
Same as: A3173
Co-sponsor(s): DIAZ MONTGOMERY
Committee: LOCAL GOVERNMENT
Law Section: General Municipal Law
S4946 Summary
Creates the Westchester county workforce housing incentive program; requires a local government that approves a subdivision plat or site plan for five or more residential units to require the set aside of at least ten percent of such units for affordable workforce housing, the payment of a fee to be used to provide affordable workforce housing or the provision of other lands for such purpose.S4946 Actions
Apr 27, 2009 REFERRED TO LOCAL GOVERNMENTJul 15, 2009 COMMITTEE DISCHARGED AND COMMITTED TO RULES
Jul 15, 2009 ORDERED TO THIRD READING CAL.790
Jul 16, 2009 SUBSTITUTED BY A3173
"Same as" Actions for Bill A3173
Jan 23, 2009 referred to local governments
Feb 10, 2009 reported referred to ways and means
Apr 21, 2009 reported
Apr 23, 2009 advanced to third reading cal.375
May 4, 2009 passed assembly
May 4, 2009 delivered to senate
May 4, 2009 REFERRED TO LOCAL GOVERNMENT
Jul 16, 2009 SUBSTITUTED FOR S4946
Jul 16, 2009 3RD READING CAL.790
Jul 16, 2009 PASSED SENATE
Jul 16, 2009 RETURNED TO ASSEMBLY
Sep 4, 2009 delivered to governor
Sep 16, 2009 vetoed memo.62
Sep 17, 2009 tabled
S4946 Committee Meetings
Rules: Jul 16, 2009
Chair: Malcolm Smith / Location: Off the FloorS4946 Calendars
S4946 Votes
Vote: Committee - Jul 15, 2009
Ayes (23): SMITH ESPADA STACHOWSKI MONTGOMERY DUANE HASSELL-THOMPSON KRUEGER PARKER SERRANO STEWART-COUSINS DILAN KLEIN VALESKY MONSERRATE SKELOS PADAVAN VOLKER FARLEY LAVALLE SEWARD HANNON LARKIN SALAND
Excused (1): JOHNSON O
Same As: A3173 Votes
Vote: Floor - Jul 16, 2009Ayes (57): ADAMS ADDABBO ALESI AUBERTINE BONACIC BRESLIN DEFRANCISCO DILAN DUANE ESPADA FARLEY FLANAGAN FUSCHILLO GOLDEN GRIFFO HANNON HASSELL-THOMPSON HUNTLEY JOHNSON C KLEIN KRUEGER LANZA LARKIN LAVALLE LEIBELL LIBOUS LITTLE MARCELLINO MAZIARZ MCDONALD MONSERRATE MONTGOMERY MORAHAN NOZZOLIO ONORATO OPPENHEIMER PADAVAN PARKER PERKINS RANZENHOFER ROBACH SALAND SAMPSON SAVINO SCHNEIDERMAN SERRANO SEWARD SKELOS SMITH STACHOWSKI STAVISKY STEWART-COUSINS THOMPSON VALESKY VOLKER WINNER YOUNG
Nays (0):
Abstains (0):
Excused (5): DIAZ FOLEY JOHNSON O KRUGER SQUADRON
S4946 Memo
BILL NUMBER: S4946 TITLE OF BILL : An act to amend the general municipal law, in relation to creating the Westchester county workforce housing incentive program PURPOSE OR GENERAL IDEA OF BILL : Creates the Westchester County Workforce Housing Incentive Program. SUMMARY OF SPECIFIC PROVISIONS : This legislation amends the General Municipal Law by adding a new Article 16-B establishing the Westchester Workforce Housing Incentive Program. The measure provides that when a local government approves the construction of five or more residential units through site plan, subdivision or mixed use development, that the developer provides 10% of the total units be affordable housing units (rounding up--thus five units would result in one unit of affordable housing). The bill also provides for density bonuses for builders and developers subject to this legislation. EFFECTS OF PRESENT LAW WHICH THE BILL WILL ALTER : The bill amends the General Municipal Law by adding a new Article, Article 16-B, which establishes the Westchester Workforce Housing Incentive Program. JUSTIFICATION : More than one out of four households in the country, almost 24 million, confront housing cost burdens. According to the united States Department of Housing and Urban Development (HUD), shelter costs should consume no more than approximately one-third of total income. It is estimated that more than one out of ten households spend more than one-half of their incomes on housing with renters even more likely to have affordability difficulties. This problem is particularly acute in Westchester County. In recent years, housing prices have risen dramatically in Westchester County. This has put affordable homes and rental units out of reach for more and more individuals and families. The median price of a home in Westchester was $655,000 in January of this year, a 13.5% increase since 2004. This bill is necessary to prevent families from moving out of Westchester by providing more affordable housing alternatives. LEGISLATIVE HISTORY : A10344 of 2005/2006 A6141 of 2007/2008 (passed Assembly) FISCAL IMPLICATIONS : None. EFFECTIVE DATE : November first next succeeding the date on which it shall have become law.
S4946 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
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:
1 Section 1. Legislative findings. The legislature hereby finds that it
2 is the public policy of the state of New York to foster the goal of home
3 ownership and the provision of affordable workforce housing in areas of
4 the state, such as the county of Westchester, where there is a shortage
5 of such housing. It is further found by this legislature that local
6 governments have a responsibility to assist in the providing of a fair
7 share of the regional need for affordable housing. Further, each local
8 government has the responsibility to establish a land use plan for its
9 community that provides balanced and diverse housing options for all
10 segments of the community.
11 This act shall provide that when five or more residential units or
12 mixed-use development with five or more residential units are seeking
13 approval to be built, Westchester county's local governments in exchange
14 for a density bonus on site shall require that as a condition of
15 approval for such site plans and subdivisions the provision of afforda-
16 ble workforce housing in an amount equal to at least ten percent of the
17 housing units be set aside. In the alternative, where a local government
18 determines that the provision of suitable affordable workforce housing
19 may not be provided on site, that in lieu of said requirement, in
20 exchange for a density bonus, either a payment may be made of a reason-
21 able sum to be determined by the local government for the purpose of
22 affordable workforce housing, which sum shall constitute a trust fund
23 for that purpose, or other land and affordable workforce housing units
24 constructed thereon may be provided off-site. It is the intent of the
25 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
1 to this act shall contribute significantly to the economic feasibility
2 of affordable workforce housing in new residential or mixed-use develop-
3 ments.
4 S 2. The general municipal law is amended by adding a new article 16-B
5 to read as follows:
6 ARTICLE 16-B
7 WESTCHESTER COUNTY WORKFORCE HOUSING INCENTIVE PROGRAM
8 SECTION 699-H. DEFINITIONS.
9 699-I. WESTCHESTER COUNTY WORKFORCE HOUSING INCENTIVE PROGRAM.
10 699-J. TECHNICAL ASSISTANCE FOR WESTCHESTER COUNTY WORKFORCE
11 HOUSING INCENTIVE PROGRAM.
12 S 699-H. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS
13 SHALL MEAN:
14 1. "AFFORDABLE WORKFORCE HOUSING" MEANS HOUSING FOR INDIVIDUALS OR
15 FAMILIES AT OR BELOW EIGHTY PERCENT OF THE MEDIAN INCOME FOR THE WEST-
16 CHESTER COUNTY PRIMARY METROPOLITAN STATISTICAL AREA AS DEFINED BY THE
17 FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. FOR THE PURPOSES OF
18 THIS SECTION, THE AFFORDABLE WORKFORCE HOUSING UNITS SHALL BE OF
19 CONSISTENT DESIGN TO THOSE OF THE REST OF THE DEVELOPMENT.
20 2. "DENSITY BONUS" MEANS A DENSITY INCREASE OF AT LEAST TEN PERCENT,
21 UNLESS A LESSER PERCENTAGE IS ELECTED BY THE APPLICANT OVER THE OTHER-
22 WISE MAXIMUM ALLOWABLE RESIDENTIAL DENSITY OR FLOOR AREA RATIO IF PART
23 OF A MIXED-USE DEVELOPMENT UNDER THE APPLICABLE ZONING ORDINANCE AND
24 COMPREHENSIVE PLAN AS OF THE DATE OF APPLICATION BY THE APPLICANT TO THE
25 LOCAL GOVERNMENT. ALL DENSITY CALCULATIONS RESULTING IN FRACTIONAL UNITS
26 SHALL BE ROUNDED UP TO THE NEXT WHOLE NUMBER. THE GRANTING OF A DENSITY
27 BONUS SHALL NOT REQUIRE, IN AND OF ITSELF, A COMPREHENSIVE PLAN AMEND-
28 MENT, ZONING CHANGE OR OTHER DISCRETIONARY APPROVAL. THE DENSITY BONUS
29 SHALL NOT BE INCLUDED WHEN DETERMINING THE NUMBER OF AFFORDABLE WORK-
30 FORCE HOUSING UNITS THAT CONSTITUTE TEN PERCENT OF THE TOTAL.
31 3. "LOCAL GOVERNMENT" MEANS THE COUNTY OF WESTCHESTER, OR ANY VILLAGE,
32 CITY OR TOWN WITHIN SUCH COUNTY.
33 S 699-I. WESTCHESTER COUNTY WORKFORCE HOUSING INCENTIVE PROGRAM. 1.
34 WHEN A LOCAL GOVERNMENT APPROVES A SUBDIVISION PLAT OR SITE PLAN FOR
35 FIVE OR MORE RESIDENTIAL UNITS OR A MIXED-USE DEVELOPMENT THAT INCORPO-
36 RATES FIVE OR MORE RESIDENTIAL UNITS, SUCH LOCAL GOVERNMENT SHALL
37 REQUIRE OF THE APPLICANT:
38 A. IN EXCHANGE FOR A DENSITY BONUS, THE SET ASIDE OF AT LEAST TEN
39 PERCENT OF SUCH UNITS FOR AFFORDABLE WORKFORCE HOUSING ON SITE; OR
40 B. UPON THE LOCAL GOVERNMENT MAKING A FINDING THAT THE SET ASIDE OF AT
41 LEAST TEN PERCENT OF SUCH UNITS FOR AFFORDABLE WORKFORCE HOUSING WOULD
42 HAVE A SPECIFIC ADVERSE IMPACT UPON HEALTH, SAFETY OR THE ENVIRONMENT
43 FOR WHICH THERE IS NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR
44 AVOID THE SPECIFIC ADVERSE IMPACT, THE PAYMENT OF A REASONABLE FEE,
45 BASED UPON THE FAIR MARKET VALUE OF THE ADDITIONAL LOTS OR UNITS RESULT-
46 ING FROM THE DENSITY BONUS, TO THE LOCAL GOVERNMENT THAT SHALL CONSTI-
47 TUTE A TRUST FUND TO BE USED EXCLUSIVELY BY THE LOCAL GOVERNMENT FOR THE
48 PURPOSE OF PROVIDING AFFORDABLE WORKFORCE HOUSING BY ACQUIRING LAND FOR
49 THE SPECIFIC PURPOSE OF PROVIDING AFFORDABLE WORKFORCE HOUSING OR
50 CONSTRUCTING AFFORDABLE WORKFORCE HOUSING; OR REHABILITATING STRUCTURES
51 FOR THE SPECIFIC PURPOSE OF AFFORDABLE WORKFORCE HOUSING. ALL FEES
52 COLLECTED BY THE LOCAL GOVERNMENT AS PROVIDED IN THIS SECTION SHALL BE
53 IN EXCHANGE FOR A DENSITY BONUS AND SHALL BE DEPOSITED IN A SINGLE TRUST
54 FUND FOR THE LOCAL GOVERNMENT AND SHALL BE KEPT IN TRUST AND SEPARATE
55 AND APART FROM ALL OTHER MONIES. MONEYS IN SUCH TRUST FUND SHALL BE
56 DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION TEN OF THIS
S. 4946 3
1 CHAPTER. PENDING EXPENDITURES FROM SUCH TRUST FUND, MONEYS THEREIN MAY
2 BE INVESTED IN THE MANNER PROVIDED IN SECTION ELEVEN OF THIS CHAPTER.
3 ANY INTEREST EARNED OR CAPITAL GAIN REALIZED ON THE MONEYS SO DEPOSITED
4 OR INVESTED SHALL ACCRUE TO AND BECOME PART OF SUCH TRUST FUND; OR
5 C. IN EXCHANGE FOR A DENSITY BONUS, THE PROVISION OF OTHER LANDS AND
6 CONSTRUCTION OF THE AFFORDABLE WORKFORCE HOUSING UNITS THAT ARE NOT PART
7 OF THE SITE PLAN OR SUBDIVISION PLAT WHERE IT IS DETERMINED BY THE LOCAL
8 GOVERNMENT THAT SUITABLE AFFORDABLE WORKFORCE HOUSING CANNOT BE PROVIDED
9 ON SITE.
10 2. THE LOCAL GOVERNMENT SHALL PROVIDE AN APPLICANT, SUBJECT TO THE
11 PROVISIONS OF THIS ARTICLE, A DENSITY BONUS FOR PROVIDING THE REQUIRED
12 AFFORDABLE WORKFORCE HOUSING UNITS. THE LOCAL GOVERNMENT SHALL GRANT THE
13 ADDITIONAL DENSITY BONUS UNLESS SUCH LOCAL GOVERNMENT MAKES A WRITTEN
14 FINDING, BASED UPON SUBSTANTIAL EVIDENCE, THAT THE DENSITY BONUS IS NOT
15 REQUIRED IN ORDER TO PROVIDE AFFORDABLE WORKFORCE HOUSING OR THAT THE
16 DENSITY BONUS WOULD HAVE A SPECIFIC ADVERSE IMPACT UPON HEALTH, SAFETY
17 OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE METHOD TO SATISFAC-
18 TORILY MITIGATE OR AVOID THE SPECIFIC ADVERSE IMPACT.
19 3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE LOCAL
20 GOVERNMENT SHALL ADOPT AN ORDINANCE OR LOCAL LAW THAT SPECIFIES HOW THE
21 LOCAL GOVERNMENT SHALL IMPLEMENT THIS ARTICLE, INCLUDING PROVISIONS
22 SPECIFYING HOW DENSITY BONUSES WILL BE PROVIDED. THE LOCAL GOVERNMENT
23 SHALL ALSO ESTABLISH PROCEDURES FOR WAIVING OR MODIFYING DEVELOPMENT AND
24 ZONING STANDARDS THAT WOULD OTHERWISE INHIBIT THE UTILIZATION OF DENSITY
25 BONUSES ON SPECIFIC SITES. THE LOCAL GOVERNMENT'S ORDINANCE OR LOCAL
26 LAW SHALL ENSURE THE CONTINUED AFFORDABILITY OF ALL AFFORDABLE WORKFORCE
27 HOUSING UNITS FOR A PERIOD OF THIRTY YEARS, OR A LONGER PERIOD OF TIME
28 IF REQUIRED BY A MORTGAGE FINANCING ASSISTANCE PROGRAM, A MORTGAGE
29 INSURANCE PROGRAM OR A RENTAL SUBSIDY PROGRAM.
30 4. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE LOCAL
31 GOVERNMENT WILL DEVELOP A STRATEGY FOR UTILIZING THE MONIES IN THE TRUST
32 FUND WITHIN THREE YEARS OF SUCH MONEYS BEING COLLECTED.
33 5. A LOCAL GOVERNMENT MAY ENTER INTO INTERMUNICIPAL AGREEMENTS WITH
34 CONTIGUOUS LOCAL GOVERNMENTS TO MEET THE PURPOSES OF THIS ARTICLE.
35 S 699-J. TECHNICAL ASSISTANCE FOR WESTCHESTER COUNTY WORKFORCE HOUSING
36 INCENTIVE PROGRAM. THE DEPARTMENT OF STATE SHALL PROVIDE, THROUGH ITS
37 OFFICE OF LOCAL GOVERNMENTS SERVICES, TECHNICAL ASSISTANCE TO LOCAL
38 GOVERNMENTS THAT ARE DRAFTING ORDINANCES AND LOCAL LAWS TO COMPLY WITH
39 THE PROVISIONS OF THIS ARTICLE.
40 S 3. This act shall take effect on the first of November next succeed-
41 ing the date on which it shall have become a law.
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