Killingworth City Zoning Code
ARTICLE VII
Affordable Housing
§ 500-45 Purpose.
The purpose of this article is to promote the inclusion of below-market-rate housing units, hereafter referred to as "affordable housing units," in residential developments so as to increase the diversity of the Town's housing stock and provide housing for those of low or moderate income.
§ 500-46 Definitions.
[Amended 5-18-2004]
As used in this article, the following terms shall have the meaning indicated:
Any application made to a commission in connection with an affordable housing development by a person who proposes to develop such affordable housing.
In accordance with § 8-30g of the Connecticut General Statutes, a proposed housing development which is assisted housing or a set-aside development.
Housing which is receiving, or will receive, financial assistance under any governmental program for the construction or substantial rehabilitation of low- and moderate-income housing and any housing occupied by persons receiving rental assistance under Chapter 319uu or Section 1437f of Title 42 of the United States Code.
After adjustments for family size, the lesser of the state median income or the area median income for the area in which the municipality containing the affordable housing development is located, as determined by the United States Department of Housing and Urban Development.
A development in which not less then 30% of the dwelling units will be conveyed by deeds containing covenants or restrictions which shall require that, for at least 40 years after the initial occupation of the proposed development, such dwelling units shall be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay 30% or less of their annual income, where such income is less than or equal to 80% of the median income. In a set-aside development, of the dwelling units conveyed by deeds containing covenants or restrictions, a number of dwelling units equal to not less than 15% of all dwelling units in the development shall be sold to persons and families whose income is less than or equal to 60% of the median income and the remainder of the dwelling units conveyed by deeds containing covenants or restrictions shall be sold or rented to persons and families whose income is less than or equal to 80% of the median income.
§ 500-47 Qualifying standards.
No parcel of land shall be considered for an affordable housing development unless it complies with the following standards:
A.
Location in rural residence district. The land lies within a rural residence district.
B.
Development size and soil characteristics. The parcel of land shall contain a minimum area of 25 contiguous acres, of which at least 15 acres shall belong to Soil Class A, B or C.
C.
Frontage. The parcel shall have 200 feet of contiguous frontage on a public street.
§ 500-48 Application for development.
§ 500-49 Affordable housing units.
For the purposes of affordable housing, a plan of subdivision may include the following:
A.
Accessory apartments. Accessory apartments may be included in single-family residences or as a second story above a garage attached to a single-family residence according to the following provisions:
(1)
The residence containing an accessory apartment shall be built on at least a two-acre equivalent minimum buildable lot area.
(2)
Lots shall have contiguous frontage of at least 200 feet on a public street or subdivision street.
(3)
The single-family home and accessory apartment shall not contain more than a total of five bedrooms.
(4)
The accessory apartment is used for affordable housing as defined in § 500–46.
B.
Two-family dwelling. Two-family dwellings are permitted according to the following provisions:
(1)
The two-family dwelling shall be built on at least a two-acre equivalent minimum buildable lot area.
(2)
Lots shall have contiguous frontage of at least 200 feet on a public street or subdivision street.
(3)
Each dwelling unit in the two-family dwelling shall have its own septic system and reserve area.
(4)
The two-family dwelling shall not contain more than a total of five bedrooms.
C.
Modification of Subdivision Regulations. In order to promote the inclusion of affordable housing units in subdivisions, the Subdivision Regulations may be modified according to the following provisions:
(1)
The required minimum buildable lot area must equal or exceed one as determined using the percentages applied to resource characteristics described in § 500-44 and Appendix B of these regulations.
(2)
Lots shall have contiguous frontage of at least 150 feet on a public street or subdivision street or 25 feet for lots as provided under § 485-49B(4) of the Subdivision Regulations.
(3)
A dead-end subdivision road ending in a cul-de-sac shall not exceed 1,200 feet in length.
(4)
The minimum lot rectangle shall be 100 feet by 150 feet.
(5)
Single-family residences within the subdivision shall contain no more than three bedrooms.
§ 500-50 Standards and requirements.
A.
Percentage of affordable housing units within a set-aside development subdivision. The number of affordable housing units shall comprise not less than 30% of the total number of units in the subdivision.
[Amended 11-1-2016]
B.
Percentage of affordable housing units approved within one calendar year. The total number of affordable housing units approved in one calendar year shall not exceed 1% of the Town's total housing stock.
C.
Percentage of single-family residences. At least 50% of the affordable units in the subdivision shall be single-family residences.
D.
Rounding fractional percentages. In determining the number of affordable units required, any fraction obtained shall be rounded up to the next whole number.
E.
Maximum number of all units in subdivision. The total number of all units in the subdivision shall not exceed the number of acres comprising the subdivision divided by 1.5.
F.
Water and sanitation. Each lot shall be planned so as to have its own well for water supply, sewage disposal system and septic reserve area.
G.
Location within subdivision; construction standards and simultaneous development. Affordable housing units shall be reasonably dispersed throughout the subdivision. They shall be constructed to the same standards as all other housing units in the subdivision and be of comparable workmanship. Affordable housing units shall be developed simultaneously with the development of other units. For every three units of other housing that are issued a zoning permit, at least one zoning permit must be issued for an affordable unit. If the development is built in phases, each phase shall include its pro rata share of affordable housing units.
I.
Use of open spaces. In order to accomplish a more desirable living environment, enhance the appearance of the subdivision, and preserve natural features, so that affordable housing subdivisions cannot be differentiated visually from other subdivisions within the Town wherever possible, land within the subdivision area that is not required to achieve minimum required lot area, and the maximum number of lots permitted, should be utilized to provide for open spaces, parks, playgrounds, greens, historical preservation, wildlife habitats and conservation areas, ponds and buffer areas.
J.
Recording of affordable housing units on subdivision map. The affordable housing units in the subdivision shall be designated on the record subdivision map.
K.
Other requirements. Affordable housing developments shall meet all other requirements of the Zoning and Subdivision Regulations.
§ 500-51 Administration.
At the time of site plan approval of the subdivision, the Commission shall approve the designation of an administrative agency to register, monitor and administer guidelines for the rent, sale or resale of affordable housing dwellings to ensure they meet the requirements of § 500-46. The Killingworth Housing Agency shall be the Board of Selectmen.
A.
Documentation. For assisted housing, copies of agreements, grants or contracts shall be provided documenting that the housing is assisted housing as defined in § 500-46.
B.
Certification and approval.
(1)
Prior to the issuance of a zoning permit for an affordable unit, a certificate in the form of an affidavit verifying that the housing meets the definitions of § 500-46 shall be approved by the agency.
(2)
The affidavit shall include copies of covenants or restrictions conveyed by deeds requiring that:
(a)
In the event of any resale by the owner or any successor, the resale price shall not exceed the then maximum sale price for said unit as determined in accordance with § 500-46.
(b)
Rents of affordable housing units for rent shall not exceed the maximum as determined in accordance with § 500-46.
(c)
The restrictions shall remain in effect for 40 years after the initial occupation and shall apply to the resale, the purchase and subsequent leasing, and the conversion to the common interest form of ownership and subsequent sale of any unit of affordable housing.
[Amended 5-18-2004]
(d)
Such covenants shall run with the land and shall be enforceable by the agency until released by the Commission.
(e)
The title restrictions in Subsection B(2)(a), (c) and (d) above will automatically terminate if the title to the mortgage is transferred to the Secretary of Housing and Urban Development or Connecticut Housing Finance Authority or the Veterans Administration by foreclosure or deed in lieu of foreclosure or if the mortgage is assigned to the Secretary of Housing and Urban Development or Connecticut Housing Finance Authority or the Veterans Administration or the title to the mortgage is transferred by foreclosure or deed in lieu of foreclosure to a national, federal or state-chartered commercial bank, savings and loan association or credit union whose deposits are federally insured. This regulation applies only to affordable housing units within an approved affordable housing subdivision available and offered for sale on the date this regulation becomes effective.