Littleton City Zoning Code
ARTICLE XXIX
Inclusionary Housing
[Added 10-30-2017 STM, Art. 6]
§ 173-204 Purposes.
The purposes of this bylaw are:
A.
To increase the supply of housing that is available to and affordable for low- and moderate-income households;
B.
To encourage greater diversity of housing in Littleton; and
C.
To develop and maintain housing that is eligible for inclusion in the Chapter 40B Subsidized Housing Inventory.
§ 173-205 Applicability.
A.
The requirements of this Article XXIX shall apply to:
(1)
Any residential development requiring a special permit from the Planning Board or any multifamily or mixed-use development resulting in a net increase of six or more dwelling units on any parcel or contiguous parcels comprising a proposed development site;
(2)
Any subdivision of land that would permit construction of six or more dwelling units in a conventional subdivision filed with the Planning Board under G.L. c. 41, §§ 81K to 81GG (Subdivision Control Law).
(3)
Any division of land under MGL c. 41, § 81P, when such division of land results in six or more lots for residential use.
[Added 11-1-2022 STM by Art. 13]
B.
Development shall not be segmented to avoid compliance with this article. Segmentation shall mean one or more divisions of land that cumulatively result in a net increase of six or more lots or dwelling units above the number existing 36 months prior to an application to develop any parcel or set of contiguous parcels held in common ownership or under common control on or after the effective date of this Article XXIX.
C.
Exemptions. This Article XXIX shall not apply to rehabilitation of a building or structure all of or substantially all of which is destroyed or damaged by fire or other casualty. However, any rehabilitation or repair that increases the density, bulk, or size of such building or structure above that which existed prior to the damage or destruction thereof shall comply with this article.
[Amended 6-12-2021 ATM by Art. 31]
§ 173-206 Development requirements.
In any development subject to this Article XXIX, at least 10% of the dwelling units shall be affordable housing. Fractions shall be rounded up to the next whole number.
§ 173-207 Methods of providing affordable units.
Affordable units created under this Article XXIX shall be provided through one of the following means, or a combination thereof if approved by the Planning Board:
A.
Construction of affordable units on the site of the project ("on-site affordable units") is the preferred approach to creating affordable housing and shall be required for any development that includes 20 or more dwelling units.
B.
The Planning Board may approve payment of a fee in lieu of affordable units to the Affordable Housing Trust, determined in accordance with § 173-208, for any development of with at least six but not more than 19 dwelling units.
§ 173-208 General provisions.
A.
Affordable units shall be dispersed throughout the site and shall be indistinguishable on the exterior from market-rate units. The number of bedrooms in the affordable units shall be comparable to the number of bedrooms in the market-rate units unless the Planning Board grants a special permit to waive this requirement.
B.
The selection of qualified purchasers or qualified renters shall be carried out under an affirmative fair housing marketing plan approved by the Department of Housing and Community Development (DHCD) prior to the sale or rental of any units in the development.
§ 173-209 Housing contribution payments in lieu of on-site units.
A.
The fee in lieu shall be two times the HUD income limit for a household of four in the metropolitan area that includes Littleton. For example, if the HUD income limit for a household of four is $60,000, the fee in lieu for each affordable unit shall be $120,000.
B.
The total amount due shall be paid upon the release of any lots or, in the case of a development other than a subdivision, upon the issuance of the first building permit unless the Planning Board grants a special permit to approve an alternative payment schedule.
§ 173-210 Planning Board regulations.
The Planning Board shall adopt and may periodically amend rules and regulations to administer this Article XXIX and file the same with the Town Clerk.
§ 173-211 Submission requirements and procedures.
A.
A development involving a subdivision of land shall be submitted to the Planning Board in accordance with the Littleton Subdivision Regulations.
B.
For a development that does not require a subdivision, or to request incentives or cost offsets under § 173-212, a special permit application shall be submitted to the Planning Board in accordance with § 173-7 and the Planning Board's rules and regulations under this Article XXIX.
§ 173-212 Building permit and occupancy conditions.
A.
The Building Inspector shall not issue a building permit for any unit in a development that is subject to this article unless and until the Planning Board or its designee has verified that all conditions of this Article XXIX have been met.
B.
No certificate of occupancy shall be issued for any affordable unit in a development that is subject to this article until an affordable housing deed restriction has been executed and recorded with the Registry of Deeds or any required fees in lieu of units have been paid to the Affordable Housing Trust.
C.
Timing of affordable unit production: Affordable housing units shall be provided in proportion to market-rate units in the development, but in no event shall the construction of affordable on-site units or payment of fees in lieu of units be delayed beyond the following schedule:
Building Permits for Market-Rate Units % | Building Permits or Fees in Lieu for Affordable Housing Units % |
|---|---|
Up to 30% | None required |
30% to 50% | At least 10% |
Over 50% to 75% | At least 40% |
Over 75% to 89% | At least 70% |
At 90% | 100% |
§ 173-213 Incentives and cost offsets.
The Planning Board may by special permit award a density bonus for a development that includes more than the minimum number of affordable units required under § 173-205 provided that all of affordable units will be located within the development. For each additional affordable unit over and above the minimum, the Board may approve three additional market-rate units, up to a maximum density bonus of 75%. Example: for a development of 12 housing units, compliance with this Article XXIX would require two affordable units. The applicant who agrees to provide two more affordable units on site (12 + 2 = 14) may request an additional six market-rate units (three per additional affordable unit), bringing the total development to 20 units.
