Ossining, N.Y., Code of Ordinances ch. 62 (eCode360 ed. 2026) § 62-3

A. Each residential development application which proposes the construction or substantial rehabilitation of six or more market rate dwelling units of rental housing shall provide a set-aside of 10% affordable housing units within the residential development, rounded up to the nearest whole number. B. Affordable housing units proposed as rental housing shall: (1) Be generally distributed throughout the market rate rental housing building(s); (2) Not be distinguished as a class from the Market-Rate rental housing; (3) Be distributed among studios, one-, two- and three-bedroom units, etc., in the same proportion as the dwelling units in the market-rate rental housing; (4) If only one affordable unit is required, the unit cannot be a studio; and (5) Each have a floor area of not less than 80% of the average floor area of the dwelling units in the market-rate rental housing of the same unit type. C. Affordable housing units shall only be re-rented to individuals or families who qualify for affordable housing at the time of re-rental, and the rent for the re-rental shall not exceed the rent as described in the restrictive covenant in effect when the restrictive covenant is filed. D. In lieu of providing all or part of on-site affordable housing units in the market rate rental building(s) as provided in § 62-3B , the residential development application may include a request permitting placement of affordable housing units in another residential building and/or as purchase affordable housing within the same residential development. A request made pursuant to § 62-3D is subject to Board of Trustees approval. E. In lieu of providing all or a part of on-site affordable housing units in the rental housing as provided herein, the residential development application may include a request and, upon a showing of an undue burden of financial hardship to the project satisfactory to the Village, the Village Board may permit a developer to create affordable housing units at another location in the Village or contribute to the affordable housing fund buyout fee. Amounts of such buyout fee and uses for same will be as determined by the Village Board and shall be set forth in the Village Fee Schedule. F. Density bonus and additional density bonus. (1) Those residential developments that will contain affordable housing units in the rental housing pursuant to this section shall qualify for increased density, permitting the maximum unit count of the rental housing in the residential development, as permitted under its zoning district, to be adjusted as follows: (a) For rental housing in which at least 10% of the market-rate unit count, rounded up to the nearest whole number, is devoted to affordable housing units, applicants may have a density bonus of 10% of the market rate units. (b) For rental housing in which at least 10% of the unit count, rounded up to the nearest whole number, is devoted to low-income housing units, applicants may have a density bonus of a unit count which equals 15% of the market-rate residential units being proposed, rounded up to the nearest whole number. If the applicant is proposing the inclusion of low- income housing units, those units shall follow the general requirements as set forth in this section for affordable housing units. (2) The addition of density bonus or additional density bonus unit count to a residential development involved in a subdivision of single- or two-family dwellings shall not be permitted to increase the height or lot coverage as defined in Appendix B of Chapter 270 , Zoning, beyond that permitted in such district. G. Each residential development application for rental housing containing affordable housing units and low-income housing units shall include a draft declaration of restrictive covenants in recordable form acceptable to the Corporation Counsel of the Village which shall set forth and particularize the requirements set forth in this section and upon approval, shall be recorded with the Westchester County Clerk a Temporary Certificate of Occupancy or where a Temporary Certificate of Occupancy is not issued prior to the issuance of a Certificate of Occupancy for the residential development. Such restrictive covenants shall run with the land in perpetuity against the property in which such units are located. The declaration shall include rules and regulations for insuring compliance with the restrictive covenants, and all rules and regulations in the declaration must follow the Affordable Housing Rules and Regulations in effect when the restrictive covenant is filed.