Georgetown City Zoning Code
ARTICLE XII
Miscellaneous Provisions
§ 165-70 Minimum residential livable floor area.
[Amended 5-2-1977 ATM, Art. 13 (Amdt. No. 50)]
No dwelling shall be erected, reconstructed, remodeled or altered so that there will be less than living bulk of at least 5,000 cubic feet or less than 500 square feet of livable floor area per dwelling unit in multiple units and apartments.
§ 165-70.1 Temporary structures.
[Added 6-16-1999 ATM, Art. 54 (Admt. No. 110)]
The Inspector of Buildings may grant a building permit for the construction or placement of a temporary structure on property located in any zoning district for a period of six months. The Inspector of Buildings shall grant the building permit for the purposes of a construction project or to meet emergency needs. The Building Inspector may grant an extension of six months if the applicant applies before the initial six-month period expires. At the expiration of the of the initial six-month period or extension thereof, the temporary structure must be removed unless, in the Inspector's judgment, the structure's continuance will serve public welfare or safety. If said temporary structure is used for human habitation while repairs are made to a permanent dwelling, Board of Health standards for septage disposal must be followed. The Inspector of Buildings may not grant more than two six-month extensions to the original permit for a temporary structure without approval by the Zoning Board of Appeals for which good faith and personal hardship must be shown.
§ 165-70.2 Temporary storage containers/trailers.
[Added 6-12-2000 ATM, Art. 25 (Amdt. No. 142)]
Any container or device as defined in the definitions[1] as "storage containers/trailers," with or without wheels, which may be used in place of a structure for storage of materials, supplies, or equipment, is prohibited in all residential districts except by special permit by the Zoning Board of Appeals; but not including storage containers used by agricultural, horticultural or floricultural enterprises for purposes of storage of perishable materials such as hay, shavings, and plants. The SPGA shall establish conditions for placement and use of the storage containers/trailers, including, but not limited to, location, screening, access, content, repair and maintenance, height, and disposal when use is discontinued.
[1]
Editor's Note: See § 165-7, Definitions and word usage, of this chapter.
§ 165-71 Inclusionary housing balance bylaw.
[Added 6-11-1990 ATM, Art. 24 (Amdt. No. 81); amended 11-17-2008 5-2-2005 ATM, Art. 26 (Amdt. No. 154); 11-17-2008 STM, Art. 7 (Amdt. No. 166)]
A.
Purpose. The Town of Georgetown sets forth the following requirements in an effort to provide multiple housing choices for people of all economic backgrounds and to address the needs of current and future Georgetown residents by providing permanent affordable housing. The primary purpose of § 165-71 is to increase the supply of rental and ownership housing for low- and moderate-income households in Georgetown, contribute affordable housing units to the Town's Subsidized Housing Inventory (SHI), sustain a viable community making multiple housing options available for future generations in Georgetown and ensure that all units established under this bylaw count towards the satisfaction of the Town's affordable housing requirements under the Comprehensive Permit Law, MGL c. 40B, §§ 20 - 23.
B.
Definitions.
AFFORDABLE HOUSING TRUST FUND (THE "FUND")
An account established in accordance with MGL chapter 44 § 55C and operated for the exclusive purpose of creating and preserving affordable housing in the Town of Georgetown.
AFFORDABLE HOUSING UNIT
A rental or homeownership unit that is subject, upon initial rent or sale, to certain price restrictions and tenant or owner eligibility requirements, and upon subsequent sale or rent, to certain restrictions intended to protect the affordability of the unit, all in accordance with the most recent program guidelines issued by the Massachusetts Department of Housing and Community Development (DHCD) for the Local Initiative Program (LIP) or successor program.
DEED RIDER
A deed restriction or other legally binding instrument in a form consistent with the LIP requirements and acceptable under LIP that will ensure the affordability of the affordable housing unit(s) for a term of years established by the Planning Board, but in no event less than the term required by the LIP.
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT
Regulated under the LIP deed rider, an individual or family with household income that does not exceed 70%, or such greater amount as then in effect pursuant under the LIP requirements, of the median income for the primary metropolitan statistical area, with adjustments for household size, as reported by the most recent information from DHCD.
RESALE OF AFFORDABLE HOUSING UNITS
The resale procedures and prices of affordable housing units shall be as set forth in the deed rider.
VACANT AFFORDABLE RENTAL HOUSING UNITS
In the event that an affordable rental housing unit becomes vacant for a term beyond that designated in the deed rider, the Town of Georgetown shall have the right of first refusal to purchase said unit and the Georgetown Board of Selectmen, Housing Authority, Affordable Housing Task Force, and the Planning Board shall be notified in writing of vacant affordable housing rental units.
C.
Applicability.
Any proposed development containing residential units that would create three or more attached or detached new housing units shall provide affordable housing units or housing contribution payments in accordance with this § 165-71. These requirements for such affordable housing units or housing contribution payments shall be made a condition of any special permit, variance, finding pursuant to MGL c. 40A, § 6, Open Space Residential Development (Article VII), Independent Senior Housing (Article XVII), or subdivision approval granted for any project creating three or more housing units. | |
Willful evasion of this section of the Georgetown Zoning Bylaw is prohibited. Willful evasion is defined as follows: segmenting land or properties with the intention of avoiding inclusionary housing requirements by either subdividing one parcel of land into two parcels of land in such a manner that each parcel will have less than three units of housing or purposefully dividing a large development into phases that would develop less than three units of housing during each phase. Residential developments subject to this section shall include new housing units created by new construction or new housing units created by remodeling or conversion of an obsolete or unused building or other structure from its original use to an alternate use. | |
Where a permitting board approves a project under this bylaw "with conditions," and said approved project accompanies a special permit or variance application to a different permitting board, the conditions imposed by the first permitting board shall be incorporated into the issuance, if any, of a special permit or variance by the second permitting board. |
D.
Requirements. At least 10% of the new housing units in any residential development shall be designated as and/or fulfill the requirements of affordable housing requirements of this bylaw. In accordance with § 165-128, the percentage of affordable housing within an independent senior housing project shall be no less than 20%.
E.
General requirements.
(1)
Consultation: Developers whose projects are subject to this bylaw are encouraged to consult with the Affordable Housing Task Force, or other such entity, on affordable housing early in the development process concerning the Town's affordable housing needs and the optimum manner in which the Town's needs and the developer's affordable housing requirements can be met by the proposed development consistent with any affordable housing planned production plan or strategy then in effect in the Town. The Affordable Housing Task Force, or other such entity, on affordable housing may consult with and give advice to the Planning Board during the development process and, as a part of the process, may submit written reports to the board reviewing any proposed development subject to the bylaw.
(2)
Comparability: Unless otherwise conditioned by the permitting board to ensure compliance with the bylaw and due to unique site conditions such as soil, shape, topography limiting the placement of the buildings on the site, all affordable housing units shall be dispersed throughout the development and shall be indistinguishable from market-rate units except in interior finish, fixtures, and appliances. The number of bedrooms in affordable housing units shall be comparable to the bedroom mix in market-rate units in the development.
(3)
Selection process: The selection of qualified affordable housing unit purchasers or tenants shall be conducted as follows:
(a)
Marketing plan: The developer shall prepare an affirmative fair marketing plan acceptable under the LIP for marketing the affordable housing units created under this bylaw which describes how the affordable housing units will be marketed to potential homebuyers. This plan shall include a description of the lottery or other process to be used for selecting buyers and/or renters. The marketing plan must describe how the applicant will accommodate local preference requirements of this bylaw in a manner that complies with the nondiscrimination in tenant or buyer selection guidelines under the LIP. The duration and design of the plan shall reasonably inform all those seeking affordable housing, both within and outside the Town, of the availability of such units.
(b)
Local preference: To the extent practicable, local preference shall be included in each development for the maximum number of the affordable housing units created in any development subject to this bylaw that is permitted subject to DHCD guidelines. To the extent permitted by DHCD, local preference for all sales and resales shall be granted to Georgetown residents as follows:
[1]
An individual or family or a parent or child of an individual maintaining a primary residence in the Town of Georgetown;
[2]
An individual who is employed as a full-time employee in the Town of Georgetown;
[3]
An individual who is employed as a full-time employee by the Town of Georgetown or by the Georgetown School District.
(4)
Developers may sell affordable for-sale units to the Town, the Georgetown Housing Authority, or to a private nonprofit entity serving Georgetown for the purpose of providing affordable housing opportunities and to permit such entity to market the affordable housing units and manage the choice of buyers.
(5)
LIP approval. The affordable housing units must be approved under the LIP or by DHCD under other programs that qualify for listing on the SHI. It shall be the responsibility of the developer to work with the Town and facilitate the preparation and submission of an application for approval under the LIP of the affordable housing units, and all costs of such application shall be borne by the developer. The developer shall deposit a document review fee in an amount to be determined by the permitting board, which shall be deposited into a special municipal account pursuant to MGL c. 44, § 53G.
F.
Fractional affordable housing units and housing contribution payments. All projects consisting of three or more housing units shall be required to use the following calculations to determine the number of on-site affordable units required under the bylaw as well as the amount of a contribution payment for whole or fractional units that may be accepted by the permitting board in lieu of providing on-site units.
(1)
Requirements for fractional affordable housing units: When the calculation of § 165-71 results in a fractional affordable housing unit (FAHU) of 0.8 or 0.9, the developer shall provide a whole on-site unit for that fractional unit. When the calculation of § 165-71 results in a fractional affordable housing unit of 0.1 to 0.7, the developer shall provide a whole on-site unit or make a housing contribution payment in lieu of the fractional unit.
(2)
Housing contribution payments in lieu of fractional affordable housing units: To make a housing contribution payment (HCP) in lieu of a qualifying fractional affordable housing unit the developer shall enter into a binding, written agreement with the Town of Georgetown (with appropriate payment security arrangements) to provide such payment to the fund established for this purpose.
(3)
Amount of housing contribution payments:
For ownership developments of three to seven units, the amount of the Housing Contribution Payment (HCP) shall be equal to: | |
|---|---|
HCP = AMSP x (# of new units) x 4% | |
For ownership developments of 11 units or more, the housing contribution shall be equal to: |
HCP = AMSP (FAHU x 10) x 4% | ||||
|---|---|---|---|---|
where: | ||||
AMSP | = | The average market sales price for the market-rate units in the subject development. | ||
For rental units, the per-unit contribution payment shall be equal to the difference between the average market rental price for the market-rate units in the subject development and the rent affordable to a family of four at or below 80% of the median income, calculated for a term of 10 years without adjustments for interest or inflation. |
G.
Off-site affordable housing creation. In order to ensure compliance with the requirements of this bylaw, the permitting board may, as a condition of its approval, permit the inclusionary housing requirement to be met through the provision of some or all required affordable housing units on an alternative site or multiple sites suitable for housing use. Affordable off-site housing units may be either new construction, a payment in lieu for an off-site housing contribution [as outlined in Subsection G(1) below] or, in extreme cases, located in a rehabilitated existing structure. All off-site affordable housing units shall be required to meet the Energy Star requirements for energy efficiency, include a lead paint test where applicable, and a review and inspection by an independent consultant selected by the permitting board. Unless otherwise conditioned by the board to ensure compliance with the requirements of this bylaw, all affordable off-site units that are newly created or replacing existing legal housing units shall be counted in the total number of housing units created by a proposed development. All affordable housing units provided under this subsection shall comply in all respects, other than on-site location, with the requirements of this bylaw.
(1)
Amount of in-lieu/off-site housing contribution payments: For ownership developments the amount of the in-lieu/off-site housing contribution payment (I/OHCP) shall be equal to:
I/OHCP = AMSP x (# of affordable units) x .6 |
H.
Regulations. Affordable housing production, housing contribution payments and rental and resale restrictions required by this section shall be governed by regulations promulgated together by the permitting boards for purposes of carrying out their duties under this bylaw.
I.
Compliance.
(1)
Building permit conditions: All contractual agreements with the Town of Georgetown and other documents necessary to ensure compliance with this bylaw, including all documents required under LIP, shall be executed and delivered to the Town board reviewing any qualifying project or development prior to and as a condition of the issuance of a building permit. The permitting Board may require any applicant to post bond or other such surety, in an amount satisfactory to the Board, to ensure compliance with all terms and conditions of any approval issued under this bylaw. The Building Inspector shall not issue a building permit with respect to any project or development subject to this bylaw unless and until the permitting board has certified in writing to the Building Inspector that all conditions of this bylaw precedent to such issuance, including any such conditions that may be established by the permitting board in any decision or approval, have been met.
(2)
Occupancy conditions:
(a)
Compliance: No occupancy or other use of any market-rate units in a development subject to this bylaw shall be permitted until the LIP deed rider, agreements with the Town of Georgetown and/or other documents necessary to ensure compliance by the applicant (and any purchasers of the affordable housing units) with any requirements of this bylaw and under the LIP, have been executed and recorded, a time-stamped copy of all recorded documents has been filed with the Planning Office, and authority and permission granted by the permitting board.
(b)
Housing contribution payments: Required housing contribution payments shall be made with respect to each market-rate housing unit or rental unit prior to issuance of an occupancy permit for the unit, provided that such payments may be made at the time of conveyance of each unit to an end user or upon occupancy by any tenant if appropriate security arrangements to guarantee such payment have been made and are in effect under an agreement with the Town.
(c)
Timing of construction: Unless otherwise directed by the permitting board as a condition of approval, all affordable housing units shall be provided concurrently and proportionately with the development of market-rate units. To ensure compliance with this requirement, the permitting board may establish a schedule for construction of affordable and market rate housing units.
J.
Severability. In the event that one or more of the provisions of this bylaw are found or determined to be illegal or unenforceable, such finding shall not effect the validity of any other provisions of this bylaw which provisions will remain in full force and effect.
§ 165-72 Junk vehicles.
[Added 5-4-1992 ATM, Art. 28 (Amdt. No. 89)]
The storage of more than two vehicles which are wrecked or in a dismantled or partially dismantled condition, or which have been discarded as junk, shall be prohibited unless any one of the following conditions has been fulfilled:
A.
Such vehicle is registered in the commonwealth or in any other state and also has displayed thereon a valid inspection sticker.
B.
Such vehicle is contained in an enclosed building or otherwise out of the view of the public or of abutter.
§ 165-73 Adequate lot frontage; common drive.
[Added 5-2-1994 ATM, Art. 28 (Amdt. No. 91); amended 6-16-1997 ATM, Art. 61 (Amdt. No. 117)]
Lot, frontage is that portion of a lot fronting on a street or way, said frontage to be measured continuously along one street line between its side lot lines and their intersection with the street line; no less than 75% of the required frontage width is to be maintained to a perpendicular depth equal to the minimum front yard requirements for that district, and no less than 25% of the required frontage width is to be maintained to a perpendicular depth equal to the minimum lot depth requirement for that district. On a curve, the perpendicular depth shall be measured from a straight line drawn between the side bounds tangent to the most center point of the curve. Such street shall be either a way shown on the Official Map, or a way shown on an approved subdivision plan. The grade of a driveway shall be no greater than 12% starting at the edge of the right-of-way and extending back for the first 25 feet of the lot.
A.
There shall be frontage adequate to serve each lot identified on a subdivision plan or any un-built upon lot which has frontage on an existing approved public way which is brought before the Planning Board for its approval or endorsement. "Frontage adequate to serve each lot" is defined as that frontage distance required by §§ 165-81 and 165-7 of this chapter, as amended, and, that no less than 30 feet of frontage of each such lot shall, in the opinion of the Planning Board, provide safe convenient access and egress to serve the future residents of the property, and in the opinion of the Fire and Police Chiefs, provide access suitable for emergency vehicles such as the ladder truck, police vehicles and those of other agencies charged with responsibility for protecting the public peace, safety and welfare.
B.
The Planning Board shall consider the existing condition of each lots frontage, such as soils, water table, floodplain, slope, elevation and any other naturally occurring or constructed barriers and the opinions of the Police and Fire Chiefs in making its determination of "frontage adequate to serve each lot."
C.
If, in the opinion of the Planning Board, the lot does not possess frontage adequate to serve each lot, the Planning Board shall render its reasons in writing to the developer. The developer or assigned agent may then propose, using engineered drawings and designs for explanation, as to how the lot's frontage physical characteristics may be modified so as to meet the intended purpose of this section. The developer is required to show on the engineered drawings, the location (footprint) of the proposed buildings and proposed changes in the frontage. Upon gaining the positive opinion of its members that frontage adequate to serve each lot can be obtained as shown on the engineered drawings, the Planning Board may approve or endorse the plan brought before the Board.
D.
The Planning Board may waive construction of the frontage adequate to serve each lot, subject to the granting of a special permit by the Planning board for construction of a common drive.
E.
Drive, common. Subject to the granting of a special permit by the Planning Board, a common drive may be constructed and shared by not more than three lots, so long as the common drive is located entirely within the lots being served. Every such common drive must be shown on an engineered plan and must be regulated by a recorded maintenance agreement which is satisfactory to the Planning Board and Town Counsel and which runs in perpetuity with the land. The Planning Board shall impose such conditions, to be made part of the special permit, as are necessary to provide access adequate to serve each lot, including conditions that assign responsibility for maintenance and snow removal.
§ 165-73.1 Access across lot frontage.
[Added 10-25-1999 STM, Art. 16 (Amdt. No. 140)]
A.
For any lot created after October 25, 1999, access to each lot, except for corner lots, must be provided across the lot frontage.
B.
Exceptions to this requirement may be granted by the issuance of a special permit from the Planning Board. A lot frontage access special permit may be granted for a lot in any residential district, provided that:
(1)
The specific site is an appropriate location for access to the lot given the current and projected traffic on the roadway, and the sight distance to adjacent driveways and roadways; and/or
(2)
Special environmental conditions exist, such as wetlands and/or steep slopes such that access across the street frontage would require wetland filling or extreme cutting and/or filling of slopes or would be otherwise detrimental to the environment;
(3)
The access will not adversely affect the neighborhood;
(4)
There will be no nuisance or serious hazard to vehicles or pedestrians;
(5)
The access is in harmony with the general purpose and intent of this chapter.
§ 165-73.2 Courts and lanes.
[Added 5-2-2011 ATM, Art. 41 (Amdt. No. 178)]
A.
Subject to the granting of a special permit by the Planning Board, a "court" or "lane," as defined by and regulated in accordance with the Subdivision Rules and Regulations[1] adopted by the Planning Board pursuant to MGL c. 41, § 81Q, may be constructed and used provided it has been approved under a definitive subdivision plan and/or an open space residential development – special permit.
[1]
Editor's Note: See Ch. 365, Subdivision Regulations.