Bellingham City Zoning Code
ARTICLE XXV
Inclusionary Housing
§ 240-172 Intent.
The purpose of this bylaw is to outline and implement a coherent set of policies and objectives for the development of affordable housing in tandem with on-going Town of Bellingham programs to promote a reasonable percentage of housing that is affordable to moderate-income buyers. It is intended that the affordable housing units that result from special permits issued under this bylaw be included on the Town's Subsidized Housing Inventory, as kept by the Massachusetts Department of Housing and Community Development ("DHCD") or any successor agency. It is intended that this bylaw provide a mechanism to compensate for those decreases in the Town's percentage of affordable housing that are directly caused by prospective increases in the Town's overall housing stock.
§ 240-173 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A dwelling unit that can be purchased at an annual cost that is deemed affordable for a household that is earning no more than 70% of the area median income as reported by the U.S. Department of Housing and Urban Development and/or DHCD, said price to be adjusted commensurate with the maximum income of the proposed purchaser.
An individual or family with a household income that does not exceed 80% of the area median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development and/or DHCD.
§ 240-174 Applicability.
A.
Division of land. This bylaw shall apply to the division of land held in single ownership as of October 14, 2010 or anytime thereafter into eight or more lots, whether said eight or more lots are created at one time or are the accumulation of eight or more lots created from said land held in single ownership as of October 14, 2010, and shall require a special permit under Article IV of the Zoning Bylaw and M.G.L. ch. 40A, § 9. A special permit shall be required for "conventional" or "grid" divisions allowed by M.G.L. ch. 41, §§ 81L and 81U, as well as those divisions of land that do not require subdivision approval per M.G.L. ch. 41, § 81P.
B.
Multifamily dwelling units and duplexes. This bylaw shall apply to the construction of eight or more dwelling units in duplexes or multifamily complexes, whether on one or more contiguous parcels in existence as of October 14, 2010, and shall require a special permit under Article IV of the Zoning Bylaw and M.G.L. ch. 40A, § 9.
§ 240-175 Exemption.
The provisions of § 240-174 hereof shall not apply to the construction of eight or more single-family dwelling units on individual lots, if said eight or more lots were in existence as of October 14, 2010. This bylaw shall not apply to major residential developments proposed and permitted under Article XIV of the Town's Zoning Bylaw.
§ 240-176 Administration.
The Planning Board shall be the special permit granting authority for all special permits under this bylaw.
§ 240-177 Mandatory provision of affordable units.
The special permit granting authority shall, as a condition of approval of any development referred to in § 240-178, require that the applicant for special permit approval comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in § 240-178. Any special permit granted hereunder shall contain a condition that no construction of any of the proposed development may commence until the affordable units created thereby are eligible for inclusion on the Town's Subsidized Housing Inventory.
§ 240-178 Provision of affordable units.
The special permit granting authority shall deny any application for a special permit for development if the applicant for special permit approval does not comply, at a minimum, with the following requirements for affordable units:
A.
At least 10% of the units in a division of land or units in a multifamily or duplex development subject to this bylaw shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number, such that a development proposing eight dwelling units shall require one affordable unit, a development proposing 11 dwelling units shall require two affordable units, and so on.
B.
The affordable unit(s) shall be constructed or rehabilitated on: The locus property; or a locus different from the one subject to the special permit (see § 240-182); or the applicant may offer and the special permit granting authority may accept any combination of the requirements of this section, provided that in no event shall the total number of units or land area provided be less than 10% of the total number of units/lots approved under the permit.
§ 240-179 Provisions applicable to affordable housing units on- or off-site.
A.
Siting of affordable units. All affordable units constructed or rehabilitated under this bylaw shall be situated so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.
B.
Minimum design and construction standards for affordable units. Affordable housing units within market-rate developments shall be integrated with the rest of the development and shall be compatible in external design, appearance, construction and quality of materials with other units.
C.
Timing of construction or provision of affordable units or lots.
(1)
The special permit granting authority may impose conditions on the special permit requiring construction of affordable housing according to a specified time table, so that affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:
Market-Rate Unit % | Affordable Housing Unit % | |
|---|---|---|
Up to 30% | None required | |
30% plus 1 unit | At least 10% | |
Up to 50% | At least 30% | |
Up to 75% | At least 50% | |
75% plus 1 unit | At least 70% | |
Up to 90% | 100% |
(2)
Any fractions of an affordable unit shall be rounded up to a whole unit.
§ 240-180 Local preference.
To the extent permitted by law, the special permit granting authority may require the applicant to comply with local reference requirements, if any, as may be established by regulations promulgated hereunder.
§ 240-181 Marketing plan for affordable units.
Applicants under this bylaw shall submit a marketing plan or other method approved by the special permit granting authority, which describes how the affordable units will be marketed to potential homebuyers. If applicable, this plan shall include a description of the lottery or other process to be used for selecting buyers. The plan shall be in conformance to DHCD rules and regulations, and shall be subject to the prior review and approval of Town Counsel at the applicant's expense.
§ 240-182 Provision of affordable units off-site.
Subject to the approval of the special permit granting authority, an applicant subject to this bylaw may develop, construct or otherwise provide affordable units equivalent to those required by § 240-178 off-site. All requirements of this bylaw that apply to on-site provision of affordable units shall apply to provision of off-site affordable units. In addition, the location and design of the off-site units to be provided shall be approved by the special permit granting authority as an integral element of the special permit review and approval process.
§ 240-183 Preservation of affordability; restrictions on resale.
Each affordable unit created in accordance with this bylaw shall have the following limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The deed restriction must be deemed acceptable to DHCD and Town Counsel prior to the issuance of any building or occupancy permits and shall be recorded at the Norfolk County Registry of Deeds or the Land Court and shall be in force in perpetuity or for the longest period allowed by law, unless the Planning Board determines that a shorter period of affordability will facilitate the development of affordable housing.
A.
The special permit granting authority shall require, as a condition for special permit approval under this bylaw, that the deeds to the affordable housing unit contain a restriction requiring that any subsequent renting or leasing of said affordable housing unit shall not exceed an amount that is deemed affordable for the income level that is designated for the qualified affordable housing unit purchaser.
B.
Special permit granting authority shall require, as a condition for special permit approval under this bylaw, that the applicant comply with the mandatory set-asides and accompanying deed restrictions on affordability.
§ 240-184 Regulations.
The special permit granting authority may adopt regulations for the orderly administration of this bylaw.