Any project or series of projects that results, in the aggregate, in a total of ten (10) or more dwelling units, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or nonresidential space.

A number of units equal to at least 15% of the units at 80% AMI or at least 10% of the units at 60% AMI in a development subject to this section at the discretion of the planning board shall be established as affordable units in any 1 or combination of methods provided for below ("affordable housing requirement"):

The applicant may offer, and the planning board may accept, any combination of the methods of compliance set forth in subsections (D)(1)(a) and (b) of this Section; provided, that in no event shall the total number of units be less than the equivalent number or value of affordable units required by this Section.

As a condition of the granting of a special permit, all affordable units shall be subject to an affordable housing restriction and a regulatory agreement in a form acceptable to the planning board, ensuring that the affordable units shall remain affordable in perpetuity. The regulatory agreement shall be consistent with any applicable guidelines issued by the Executive Office of Housing and Livable Communities and shall ensure that affordable units can be counted toward the city’s SHI. The regulatory agreement shall also address all applicable restrictions listed in subsection (I) of this Section. The special permit shall not take effect until the restriction, the regulatory agreement and the special permit are recorded at the Registry of Deeds and a copy is provided to the planning board and the director of inspectional services. Unless determined otherwise by the planning board or precluded by state law or regulation, the monitoring agent shall be the Everett Housing Authority.

It shall be the responsibility of the applicant to prepare and execute all applications and forms necessary to ensure that the affordable units are added to the city’s SHI.

The planning board may, at its discretion, reduce the affordable unit requirement in a development to ten percent (10%) of the total number of dwelling units in a development with an AMI of 80% or to 7% of the total number of dwelling units in a development with an AMI of 60% if the development meets either (or both) of the following requirements:

To facilitate the objectives of this Section, the planning board may approve waivers of any dimensional restriction in this Zoning Ordinance in return for the creation of affordable dwelling units in excess of the affordable housing requirement. Any applicant requesting such waivers shall present a baseline plan that demonstrates the number of units that could be developed without the need for such waivers. The planning board may approve waivers of such dimensional requirements (including setbacks, height restrictions, floor area ratio requirements and parking requirements) to allow for development of units in addition to the number depicted on the baseline plan (“bonus units”); provided, that:

Affordable units shall be integrated with the rest of the development, shall be of the same tenure type (i.e., rental or ownership) and shall be compatible in design, appearance, construction, and quality of materials with market-rate units. Interior features and mechanical systems of affordable units shall conform to the same specifications as apply to market-rate units.

The affordable units shall have an equal and proportionate mix equal to the market-rate units. The affordable units within the project shall be proportionally equal to the number of market-rate studios, one-bedroom, two-bedroom and/or three-bedroom units, etc., on site.

Applicants shall submit a marketing plan to the planning board for its approval, which describes how the affordable units will be marketed to potential home buyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants. The applicant's marketing plan shall comply with all requirements set forth in the relevant regulations and guidelines of the Executive Office of Housing and Livable Communities.

To ensure that only eligible households purchase affordable units, the purchaser of an affordable unit shall be required to submit copies of the last three (3) years’ federal and state income tax returns and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within thirty (30) days following transfer of title, to the city’s Affordable Housing Trust, that his/her or their family’s annual income level does not exceed the maximum level as established by the Commonwealth's Executive Office of Housing and Livable Communities, and as may be revised from time to time.

The maximum housing cost for affordable units created under this Section is established by the Commonwealth's Executive Office of Housing and Livable Communities, Local Initiative Program, or as revised by the city.

The purchaser of an affordable unit developed under this Section shall agree to execute a deed rider prepared by city, consistent with model riders prepared by Executive Office of Housing and Livable Communities, granting the city, among other things, a right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be located.

The planning board shall require, as a condition of the special permit hereunder, that the applicant complies with the mandatory set-asides and accompanying restrictions on affordability, including the execution of the deed rider required, above. The inspectional services department shall not issue an occupancy permit for any affordable unit until the deed restriction is recorded.