New Castle, N.Y., Code of Ordinances ch. 10 (eCode360 ed. 2026) § 10-6
Distribution of density incentive apartments
Operative Text
The density incentive apartments shall be physically integrated into the design of the development in a manner satisfactory to the Planning Board and shall be distributed among efficiency, one-, two-, three- or four-bedroom apartments in the same proportion as all other apartments in the development, unless a different proportion is approved by the Planning Board as being better related to the housing needs, current or projected, of the Town of New Castle. The Planning Board shall refer all development proposals which include proposed density incentive apartments to the Town Housing Agency for report at least 30 days prior to taking any formal action with respect to the approval or disapproval of such density incentive apartments.
Under New Castle, N.Y., Code of Ordinances ch. 10 § 10-6, density incentive apartments must be physically woven into a development's overall design rather than clustered separately, and their bedroom-size mix must generally mirror that of the rest of the development. The Planning Board may approve a different bedroom distribution if it better serves the Town's current or projected housing needs. Before taking any formal vote on density incentive apartments, the Planning Board is required to send the proposal to the Town Housing Agency for a report, with at least 30 days allowed for that review.
Plain English — not legal advice.
Developers and property managers working with density incentive units under ch. 10 § 10-6 generally ensure that those units are dispersed throughout the building or complex in a way the Planning Board finds satisfactory, and that the bedroom-type breakdown of incentive units matches the overall project's unit mix. If a different bedroom distribution is sought, operators typically present evidence to the Planning Board showing how that alternative better addresses New Castle's housing needs. Because the Planning Board must refer proposals to the Town Housing Agency at least 30 days before any formal action, compliant project timelines account for that mandatory referral period.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 10-6 of New Castle's Code of Ordinances is designed to prevent density incentive apartments from being segregated into inferior or isolated sections of a development, and to ensure their bedroom sizes reflect the broader community's housing needs. Tenants in or seeking density incentive units may have grounds to raise concerns if units appear to be physically separated from the rest of the development or if the bedroom-type distribution seems inconsistent with what the Planning Board approved. Those who believe this provision has not been followed can contact the Town Housing Agency or the Planning Board directly, or reach out to a local tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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