Hopkinton City Zoning Code
ARTICLE XI
Inclusionary Development Bylaw
[Added 5-7-2007 ATM by Art. 30; amended 5-6-2015 ATM by Art. 39; 5-1-2017 by Art. 34; 5-1-2023 ATM by Art. 25]
§ 210-57 Purpose and intent.
The purpose of this Article is to increase the inventory of affordable housing in Hopkinton. It is intended that the affordable housing units that result from this Article be considered as Local Initiative Program (LIP) units, in compliance with the requirements for the same as specified by the Department of Housing and Community Development (DHCD) and that said units shall count toward the Town’s requirements under G.L. c. 40B sec. 20-23. Each affordable unit created in accordance with this Article shall have limitations governing its resale to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households.
§ 210-58 Applicability.
A.
In all zoning districts, the inclusionary housing provisions of this section shall apply to the following uses, hereafter called the “development”:
(1)
Any project that results in a net increase of five (5) or more dwelling units, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or non-residential space, with the exception of Article XIIIA, Village Housing Development projects; and
(2)
Any division and/or subdivision of land held in common ownership as of the effective date of this Article, or anytime thereafter, into five (5) or more dwelling units.
§ 210-59 Administration.
The Planning Board shall prepare and, after a public hearing, adopt and file regulations with the Town Clerk, which may be amended from time to time, and shall include submission requirements, timelines, procedures and provisions necessary to implement this Article.
§ 210-60 Mandatory provision of affordable units.
A.
In each applicable development, 10% of the total units shall be established as an affordable housing units. Where fractional units are the result, the number of affordable units shall be rounded up to the nearest whole number. For example, in developments of 12 units, two affordable units shall be created (1.2 units rounded up to 2 units); in developments of 17 units, two affordable units shall be created (1.7 units rounded up to 2 units); and so on. Affordable dwelling units shall be constructed or rehabilitated on the development locus.
§ 210-61 Provisions applicable to affordable housing units on-and off-site.
A.
All affordable units created, constructed or rehabilitated under this Article 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, as the market-rate units.
B.
Affordable housing units shall be integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of materials with other units. Interior features and mechanical systems of affordable units shall conform to the same specifications as apply to market-rate units.
C.
Affordable housing units shall be provided coincident to the development of market-rate units.
D.
The deeds to the affordable housing units sold to income eligible buyers shall contain a restriction against renting or leasing of said unit(s) during the period for which the housing unit(s) contains a restriction on affordability, unless a written waiver is explicitly allowed by consent of the Town and the Commonwealth.
E.
All affordable units created, constructed or rehabilitated under this article shall hold a legal use restriction that runs with the land, is recorded at the Registry of Deeds, provides for affordability in perpetuity, identifies the Subsidizing Agency and monitoring agent, if applicable, and restricts occupancy to income-eligible households, as defined by the Department of Housing and Community Development.
F.
The applicant shall comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of an acceptable deed rider.
G.
If the Planning Board grants a Special Permit that allows for off-site units, the location of off-site units shall be approved by the Planning Board, and shall be provided coincident to the development of the market-rate units or in accordance with an alternate schedule approved by the Planning Board. Exercise of this option shall not result in the destruction or demolition of existing structures, unless the Planning Board determines that: 1) such destruction or demolition is not detrimental to the neighborhood; and 2) where the proposed destruction or demolition of existing housing units is proposed, is consistent with the overall housing goals of the Town. When the Historic Preservation Bylaw (Chapter 125 of the Bylaws of the Town of Hopkinton) applies to the structure, the Planning Board shall consult with the Historical Commission before making a determination.
§ 210-62 Fees-in-lieu-of affordable housing unit provision.
A.
The Planning Board may authorize an applicant, as a condition for the grant of a Special Permit to contribute funds to the Town of Hopkinton Affordable Housing Trust Fund to be used for the development of affordable housing in lieu of constructing and offering affordable units within the locus of the proposed development or at an off-site locus only if allowed by the Planning Board through the grant of a Special Permit.
(1)
Calculation of fee-in-lieu-of units. For each affordable unit not constructed or provided through one or a combination of the methods specified in this Article, the fee shall be an amount equal to the purchase price of a three-bedroom home that is affordable to a qualified affordable housing unit purchaser, as contained in the LIP guidelines regardless of what type of dwelling units are proposed, approved or constructed in the development.
(2)
Schedule of fees-in-lieu-of-units payments. Fees-in-lieu-of-units payments shall be made according to a schedule agreed upon by the Planning Board and the applicant.
§ 210-63 Conflict with other bylaws.
The provisions of this Article shall be considered supplemental of existing zoning bylaws. To the extent that a conflict exists between this bylaw and others, the more restrictive bylaw, or provisions therein, shall apply.