Everett City Zoning Code
SECTION 32
Inclusionary Zoning.
(C0187-18; C0401-16)
A.
Purpose and intent.
Due to changing demographics and development trends, affordable housing needs are expected to continue to increase in the city. The purpose of this Section is to encourage development of new housing that is affordable to low and moderate-income households. Affordable housing produced through this regulation should be in compliance with the requirements set forth in M.G.L. c. 40B §§ 20-24 and other affordable housing programs developed by state, county and local governments.
It is intended that the affordable units created under this Section be considered as local initiative units, in compliance with the requirements for the same as specified by the Department of Housing and Community Development, qualifying for inclusion in the city’s subsidized housing inventory (“SHI”).
B.
Applicability.
In all zoning districts, the inclusionary zoning provisions of this Section shall apply to:
1.
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.
C.
Special permit.
The development of any project set forth in subsection (B) of this Section shall require the grant of a special permit from the planning board. A special permit under this Section shall be granted if the proposal meets the requirements of this Section; provided, that nothing herein shall be intended to limit the discretion of any special permit granting authority under any other Section of this Zoning Ordinance.
D.
Affordable units.
As a condition of approval of a special permit, as required by subsection (C) of this Section, the applicant shall contribute to the city’s affordable housing opportunities in accordance with the following requirements:
1.
A number of units at least equal to fifteen percent (15%) of the units in a development subject to this Section shall be established as affordable units in any one or combination of methods provided for below (“affordable housing requirement”):
2.
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.
3.
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 Department of Housing and Community Development 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.
4.
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.
5.
For projects proposing a total of ten (10) or more dwelling units and where the project site requires environmental remediation or is located within a FEMA Flood District (or both), the planning board may, in its discretion, reduce the affordable unit requirement to ten percent (10%) of the total number of dwelling units in the development. For any site which has a recorded activity and use limitation (AUL), a reduction of the affordable unit requirement down to five percent (5%) of the total number of dwelling units shall be automatic.
E.
Density Bonus for Additional Affordable Units.
1.
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:
a.
The total number of bonus units may not exceed fifty percent (50%) of the number of units that would be permitted without the need for such waivers, as shown on the baseline plan; and
b.
The affordable housing requirement for the bonus units shall be twenty-five percent (25%); and
c.
The planning board shall affirmatively find that granting such waivers will not be substantially more detrimental to the neighborhood than approval of the baseline plan would be.
F.
Provisions Applicable to Affordable Units on and Off Site.
1.
Siting of Affordable Units.
Affordable units constructed or rehabilitated on the project site shall if practicable be disbursed throughout the development and shall be situated within the development 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, than the market-rate units.
2.
Minimum Design and Construction Standards for Affordable Units.
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.
3.
Mix of Affordable 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.
4.
Timing of Construction or Provision of Affordable Units or Lots.
Where feasible, affordable units shall be developed (and certificates of occupancy shall be issued) coincident to the development (and issuance of certificates of occupancy) of market-rate units, but in no event shall the development of (or issuance of certificates of occupancy for) affordable units be delayed beyond the schedule noted below:
Market-Rate Unit (% Complete) | Affordable Housing Unit (% Required) |
|---|---|
<30% | – |
30% plus 1 unit | 10% |
Up to 50% | 30% |
Up to 75% | 50% |
75% plus 1 unit | 70% |
Up to 90% | 100% |
Fractions of units shall not be counted.
5.
Marketing Plan for Affordable Units.
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 Department of Housing and Community Development.
G.
Provision of Affordable Units Off Site.
The planning board may, in its discretion, approve development of the affordable housing requirement off site. All requirements of this Section that apply to on-site affordable units shall apply to off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the planning board as an integral element of the special permit review and approval process. In determining whether to approve such off-site development of affordable units, the planning board shall consider the desirability of the project site as compared to the proposed location for development of the affordable units, with reference to such factors as the relative access to public transit, proximity to schools, parks and other amenities, and availability of parking. The burden shall be on the applicant to demonstrate to the planning board’s satisfaction that the goals of this Section will be served to an equal or greater degree by off-site development of the affordable units, as compared to on-site development of those units.
H.
Maximum Incomes and Selling Prices – Initial Sale.
1.
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 Department of Housing and Community Development, and as may be revised from time to time.
2.
The maximum housing cost for affordable units created under this Section is established by the Commonwealth’s Department of Housing and Community Development, Local Initiative Program, or as revised by the city.
I.
Preservation of Affordability – Restrictions on Resale.
Each affordable unit created in accordance with this Section shall have limitations governing its resale through the use of a regulatory agreement (see subsection (D) of this Section). The purpose of these limitations is to preserve the affordability of the unit in perpetuity and to ensure its continued availability for affordable income households. The resale controls shall be established through a restriction on the property and shall be in force in perpetuity.
1.
Right of First Refusal to Purchase.
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 Department of Housing and Community Development, 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.
2.
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.
J.
Local Preference.
To the maximum extent permitted by law, including the regulations of the Department of Housing and Community Development or any successor agency, any special permit granted hereunder shall include a condition that a preference for residents and employees of the city shall be included as part of the lottery and marketing plan for the affordable units. Residency shall be established through certification of the city clerk based on census, voter registration or other acceptable evidence.
K.
Fees.
The applicant shall be responsible for all consultant fees, including engineering, architectural, legal, housing consultant and planning fees, incurred by the planning board in connection with the application, review of relevant plans and documents, and ensuring that the affordable units are included on the city’s SHI.
L.
Conflict with Other Ordinances.
The provisions of this Section shall be considered supplemental of existing zoning requirements. To the extent that a conflict exists between this Section and others, the more restrictive provision(s) shall apply.
M.
Severability.
If any provision of this Section is held invalid by a court of competent jurisdiction, the remainder of the Section shall not be affected thereby. The invalidity of any subsection or subsections or parts of any subsection or subsections of this Section shall not affect the validity of the remainder of the city’s Zoning Ordinance.
N.
Order of Filing.
If a project proposed under this Section also requires approval by the City of Everett Zoning Board of Appeals, application shall first be made to the planning board before seeking zoning board approval so as to allow applicants to adjust pro-forma schedules.