Mansfield City Zoning Code
ARTICLE VI
Inclusionary Housing Requirement
§ 230-6.1 Purpose.
The purposes of the Inclusionary Housing Bylaw are to produce high-quality dwelling units affordable to low- or moderate-income households, to encourage the provision of more housing choices in Mansfield, to promote geographic distribution of affordable housing units throughout the Town and avoid over-concentration, to prevent the displacement of low- or moderate-income residents of Mansfield, to assist the Town in addressing "local housing need" as defined in MGL c. 40B, §§ 20 through 23, and to assist the Town in implementing its Affordable Housing Plan.
§ 230-6.2 Definitions.
As used in this bylaw, the following terms shall have the meanings indicated:
As applied to the design, construction, or alteration of a dwelling unit, accessible housing is a housing unit that can be approached, entered, and used by individuals with mobility impairments.
A contract, mortgage agreement, deed restriction, or other legal instrument, acceptable in form and substance to the Town of Mansfield, that effectively restricts occupancy of an affordable housing unit to a qualified purchaser or qualified renter, and which provides for administration, monitoring and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period of time allowed by law, so as to be binding on and enforceable against any person claiming an interest in the property. An affordable housing restriction shall be enforceable under the provisions of MGL c. 184, § 32, and be approved by the Department of Housing and Community Development through the Local Initiative Program.
A fund account established and operated by the Town for the exclusive purpose of creating or preserving affordable housing opportunities in the Town of Mansfield.
A dwelling unit that is affordable to and occupied by a low- or moderate-income household, meets the definition of low- or moderate-income housing at 760 CMR 56.02, and is eligible for inclusion in the Chapter 40B Subsidized Housing Inventory through the Local Initiative Program.
A dwelling unit or a unit within an assisted-living facility.
A program administered by the Massachusetts Department of Housing and Community Development (DHCD) pursuant to 760 CMR 56.00 et seq. and the Local Initiative Program Guidelines to develop and implement local housing initiatives that produce low- and moderate-income housing.
A household with income at or below 80% of area median income, adjusted for household size, for the metropolitan or non-metropolitan area that includes the Town of Mansfield as determined annually by the U. S. Department of Housing and Urban Development (HUD).
A selling price or monthly rent, exclusive of utilities, that meets the maximum purchase price or rent guidelines of the Local Initiative Program.
A low- or moderate-income household that purchases and occupies an affordable housing unit as its principal residence.
A low- or moderate-income household that rents and occupies an affordable housing unit as a tenant.
The Department of Housing and Community Development Chapter 40B Subsidized Housing Inventory as provided in 760 CMR 56.02.
§ 230-6.3 Applicability.
A.
This bylaw applies to all developments involving the creation of six or more dwelling units or six or more lots for residential use. Developments may not be segmented to avoid compliance with this bylaw.
B.
This bylaw does not apply to any development for which a complete application for a special permit, a subdivision of land, or a plan of land that does not require Planning Board approval under MGL c. 41, § 81P, has been submitted to the Town Clerk prior to the adoption of this bylaw by Town Meeting.
§ 230-6.4 Mandatory provision of affordable housing units.
In any development subject to this bylaw, the sixth housing unit and every seventh unit thereafter shall be an affordable housing unit. Nothing in this section shall preclude a developer from providing more affordable housing units than required under the provisions of this bylaw.
§ 230-6.5 Methods of providing affordable housing units.
The Planning Board, in its discretion, may approve one or more of the following methods, or any combination thereof, for the provision of affordable housing units by a development that is subject to this bylaw:
A.
The affordable housing units may be constructed or rehabilitated on the locus of the development.
B.
The affordable housing units may be constructed or rehabilitated on a locus different than that of the development. The Planning Board, in its discretion, may allow a developer of nonrental dwelling units to develop, construct or otherwise provide affordable units equivalent to those required by this bylaw in an off-site location in the Town of Mansfield. All requirements of this bylaw that apply to on-site provision of affordable units shall apply to provision of off-site affordable units. In addition, the location of the off-site units shall be approved by the Planning Board as an integral element of the development review and approval process.
C.
A donation of land may be made in lieu of providing affordable housing units. An applicant may offer, and the Planning Board may accept, subject to approval of the Select Board, donations of land in fee simple, on- or off-site, that the Planning Board determines are suitable for the construction of affordable housing units. The value of donated land shall be equal to or greater than the value of the construction or setaside of the affordable units. The Planning Board may require, prior to accepting land as satisfaction of the requirements of this bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value.
D.
An equivalent fee in lieu of units may be made. The Planning Board, in its discretion, may allow a developer of nonrental dwelling units to make a cash payment to the Town through its Affordable Housing Trust Fund for each affordable unit required by § 230-6.4. The cash payment, or equivalent value in land or buildings, shall be equal to the difference between the median single-family home sale price in Mansfield for the most recent three fiscal years, as determined by the Board of Assessors, and the price of an affordable housing unit for a qualified purchaser, assuming a household size of 1.49 persons per bedroom, rounded to the nearest whole person.
§ 230-6.6 Administration; location of affordable units; selection of purchasers or renters.
A.
The Planning Board shall be charged with administering this bylaw and shall promulgate rules and regulations to implement its provisions, including but not limited to submission requirements and procedures, methods of setting the maximum affordable sale price or rent, minimum requirements for a marketing plan, and documentation required by the Town to qualify the affordable housing units for listing on the Chapter 40B Subsidized Housing Inventory.
B.
Affordable dwelling units shall be dispersed throughout the building(s) in a development and shall be comparable to market housing units in terms of location, quality and character, room size, bedroom distribution, and external appearance.
C.
The Planning Board, in its discretion, may require the provision of an accessible unit(s), up to 5% of the total number of units, and may designate when the unit(s) shall be provided during the construction process.
D.
The selection of qualified purchasers or qualified renters shall be carried out under a marketing plan approved by the Planning Board. The duration and design of this plan shall reasonably inform all those seeking affordable housing, both within and outside the Town, of the availability of such units. The marketing plan must describe how the applicant will accommodate local preference requirements, established by the Select Board, in a manner that complies with the nondiscrimination in tenant or buyer selection guidelines of the Local Initiative Program.
E.
Developers may sell affordable units to the Town of Mansfield, the Mansfield Housing Authority, the Mansfield Housing Corporation, or to any nonprofit housing development organization serving Mansfield, in order that such entity may carry out the steps needed to market the affordable housing units and manage the choice of buyers.
§ 230-6.7 Timing of construction.
A.
Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units or payment of fees in lieu of providing affordable units be delayed beyond the schedule below. Fractions of units shall not be counted.
Percentage of Market-Rate Units | Percentage of Affordable Housing Units |
|---|---|
Up to 30% | None required |
30% plus 1 unit | At least 10% |
Up to 50% | At least 30% |
Up to 75% | At least 50% |
75% plus 1 unit | At least 70% |
Up to 90% | 100% |
B.
Certificates of occupancy for any market-rate housing units shall be issued at a ratio of certificates of occupancy for required affordable housing units or fees paid in lieu of units in accordance with the schedule above.
§ 230-6.8 Preservation of affordability; restrictions on resale.
A.
An affordable housing unit created in accordance with this bylaw shall be subject to an affordable housing restriction or regulatory agreement that contains limitations on use, resale and rents. The affordable housing restriction or regulatory agreement shall meet the requirements of the Town and the Local Initiative Program, and shall be in force for the maximum period allowed by law.
B.
The affordable housing restriction or regulatory agreement shall be enforceable under the provisions of MGL c. 184, § 32.
C.
The Planning Board shall require that the applicant comply with the mandatory provision of affordable housing units and accompanying restrictions on affordability, including the execution of the affordable housing restriction or regulatory agreement.
D.
All documents necessary to ensure compliance with this bylaw shall be subject to the review and approval of the Planning Board and, as applicable, Town Counsel. Such documents shall be executed prior to and as a condition of the issuance of any certificate of occupancy.
§ 230-6.9 Severability; conflict with other laws.
A.
To the extent that a conflict exists between this bylaw and other bylaws of the Town of Mansfield, the more restrictive provisions shall apply.
B.
If a court of competent jurisdiction holds any provision of this bylaw invalid, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections, or parts of any section or sections, of this bylaw shall not affect the validity of the remaining sections or parts of sections or the other bylaws of the Town of Mansfield.