The purpose of this section is to promote the public welfare by:

1.

Encouraging housing opportunities for people of mixed income levels;

2.

Increasing the supply of housing in the City of Newburyport that is permanently available and affordable to low- and moderate-income individuals and families without discrimination on the basis of race, color, religion, age, sex, sexual orientation, gender identity, familial status, disability, marital status, national origin, genetic information, ancestry, children, receipt of public assistance, or any other basis prohibited by law, including the federal Fair Housing Act of 1968, as amended and M.G.L.A. c. 151B;

3.

To provide for a diverse, balanced, and inclusive community, with housing for people of all income levels as a matter of basic fairness and social responsibility, and to promote economic stability within the community;

4.

Developing and maintaining a satisfactory proportion of the city's housing stock as affordable units for the longest period permitted by law; and

5.

Mitigating the impacts of market-rate housing on the supply and cost of low- and moderate-income housing in that the creation of new market-rate housing:

A.

Decreases the available supply of future developable land in the city; and

B.

Exclusive of the creation of low- and moderate-income housing, impedes the goal of maintaining an economically integrated community.

It is intended that affordable housing units provided under the terms of this section shall be located on-site within the proposed development project, or subdivision or division of land. Offsite location(s) may be approved by the planning board only in strict accordance with subsection XXX-E, below.

(Ord. of 10-30-17(1))

1.

The provisions of this section apply to:

A.

Any development project subject to approval by special permit, variance, or site plan review, where such project results in a net increase of six (6) or more dwelling units on any parcel or contiguous parcels comprising the proposed development site; and

B.

Any subdivision or other division of land resulting in the creation of six (6) or more residential lots, and/or the construction of six (6) or more dwelling units, including through, without limitation, a subdivision filed with the planning board under M.G.L.A. c. 41, §§ 81K to 81GG (Subdivision Control Law), and/or a division pursuant to M.G.L.A. c. 41, § 81P.

2.

No segmentation. Development shall not be segmented to avoid compliance with this section. Segmentation shall mean one or more development projects, or subdivisions or other divisions of land, that cumulatively result in a net increase of six (6) or more dwelling units or lots more than the number of dwelling units or lots existing twenty-four (24) months prior to the application to develop any parcel or set of contiguous parcels held in common ownership or under common control. All phases of a development project, or a subdivision or other division of land, occurring within such 24-month period shall considered together for purposes of applying this section.

3.

Special exemptions. This section does not apply to hotel/inn (use 105) and bed and breakfast (use 110) uses, nor to the rehabilitation of any building or structure wholly or substantially destroyed or damaged by fire or other casualty; provided however that no rehabilitation or repair shall result in a net increase in the number of dwelling units on the lot as it existed prior to the damage or destruction thereof, except in conformance with this section.

4.

Stricter provisions control. In cases where other provisions of the Newburyport Code as to inclusionary affordable housing required of development projects, or of subdivisions or other divisions of land, would require a higher number of affordable units than does this section, then such other, stricter provisions shall control.

5.

Statutory exemptions. Nothing contained in this section shall be construed to apply to the use of land or structures for religious or educational purposes in any zoning district if doing so would violate the applicable provisions of M.G.L.A. c. 40A, § 3.

(Ord. of 10-30-17(1))

1.

Minimum percentage of affordable units: In any development project, or subdivision or other division of land, subject to this section, at least twelve (12) percent of the resulting dwelling units shall be affordable home ownership units or affordable rental units, as provided in this section. Any fraction of a dwelling unit so required shall be rounded upward to the next whole number. Nothing in this section shall preclude an applicant from providing more affordable housing units as part of a development project, or of a subdivision or other division of land, than required under this section.

2.

Conformance with federal and state law: Income eligibility for households seeking to buy or rent an affordable unit shall conform to the applicable regulations and parameters regarding affordability as promulgated by the U.S. Department of Housing and Urban Development (HUD), and by the Massachusetts Department of Housing and Community Development (DHCD).

3.

Area median income: Area median income (AMI) for the purposes of determining income eligibility under this section shall be those AMIs annually determined and adjusted by household size by the United States Department of Housing and Urban Development (HUD) for the Boston-Cambridge-Quincy MA-NH HUD Metro FMR Area.

4.

Listing on the Massachusetts Subsidized Housing Inventory: Residential units subject to the provisions of this section shall meet all of the requirements necessary for listing on the Massachusetts Subsidized Housing Inventory (SHI). Additionally, the applicant creating the affordable unit(s) shall comply with all DHCD regulations and guidelines for qualification of the housing units created, including but not limited to, eligible subsidy, the form of the affordable housing restriction and regulations concerning owner or tenant selection and affirmative fair marketing, unit design standards, housing costs, and income and other household and unit eligibility standards. The applicant shall cooperate with the City of Newburyport in good faith to qualify any restricted housing unit toward the city's affordable unit count on the SHI.

5.

Housing affordability:

A.

Affordable home ownership units shall be sold to eligible individuals or households with incomes at or below eighty (80) percent of AMI. The maximum affordable purchase price shall account for the monthly cost of a mortgage payment, property taxes, insurance, and condominium/homeowners association fees where applicable.

B.

Affordable rental units shall be rented to eligible individuals or households with incomes at or below sixty (60) percent of AMI. The maximum affordable rent shall account for the monthly cost of rent and utilities.

C.

When an applicant provides at least one-half of the required affordable units, whether home ownership or rental, for individuals and families with incomes at or below fifty (50) percent of AMI, the remaining affordable units may be sold or rented to individuals or households with incomes up to one hundred (100) percent of AMI, subject to approval by the permit-granting authority.

6.

Developments resulting in a net increase of fewer than six (6) dwelling units: For development projects, or subdivisions or other divisions of land, resulting in a net increase of fewer than six (6) dwelling units but that otherwise meet the parameters of section XXX-B.1, the applicant shall, in consideration of such zoning relief, or subdivision or division of land, provide either one (1) affordable housing unit in accordance with section XXX-C, or pay an in lieu fee to the Newburyport Affordable Housing Trust Fund. The amount of the in lieu fee shall be fifteen thousands dollars ($15,000.00) per dwelling unit, calculated on a pro rata basis. For example, a development project resulting in a net increase of five (5) dwelling units may pay an in lieu fee of twelve thousand five hundred dollars ($12,500.00) i.e. five-sixths of fifteen thousand dollars ($15,000.00).

(Ord. of 10-30-17(1))

Before granting a permit(s) or other approval for a development project, or a subdivision or other division of land subject to this section, the permit-granting authority shall find that all of the following general conditions are fulfilled:

1.

Consultation with the affordable housing trust: The applicant shall have consulted with the Newburyport Affordable Housing Trust (AHT or Trust) as early as practicable in the development process - and, in all cases, prior to the submission of an application to the permit-granting authority - concerning the city's affordable housing needs and optimum manner in which the city's needs and the applicant's affordable housing requirements can be met by the proposed development, consistently with any affordable housing planned production plan then in effect in the city.

A.

The applicant shall have provided the AHT with conceptual plans illustrating the proposed structure(s) and floor plans for market-rate and affordable residential units.

B.

Within fourteen (14) days upon the conclusion of the affordable housing trust's review of the conceptual plans, the trust shall submit a report to the permit-granting authority stating its recommendations for the project. The permit-granting authority shall not act upon an application until this recommendation has been received or fourteen (14) calendar days have passed, whichever occurs first.

2.

Affordable housing restriction: Affordable housing units developed or designated pursuant to this section shall be subject to long-term use restrictions, and, where applicable, resale restrictions, to ensure that they remain affordable to low- and moderate-income individuals and households, in compliance with applicable HUD and DHCD regulations pertaining to affordability, for the longest period allowed by law. The affordable housing restriction shall run with the land, shall be enforceable under the provisions of M.G.L.A. c. 184, §§ 26, 31 and 32, and shall be executed and recorded against the subject parcel at the Southern Essex District Registry of Deeds.

3.

Location and comparability of affordable units:

A.

Affordable units within a development project, or subdivision or other division of land, shall be physically integrated into the overall development and, if applicable, shall be dispersed throughout a multifamily structure so that no single building or floor therein has a disproportionate percentage of affordable units.

B.

The affordable units shall be indistinguishable from market-rate units in exterior building materials and finishes, overall construction quality, and energy efficiency.

C.

The number of bedrooms in affordable housing units shall be comparable to the bedroom mix in market-rate units in the development. Affordable units shall be similar in size (in gross floor area) to market-rate units of the same type; provided however, that the gross floor area of the affordable units shall not be less than the minimum floor areas required by DHCD for units eligible for the subsidized housing inventory as local initiative program (LIP) units as of the date of the original adoption of this section, which minimum floor areas are as follows:

4.

Selection process: The selection of qualified purchasers or qualified renters shall be carried out under an affirmative fair housing marketing and resident selection plan submitted by the applicant, and approved by the permit-granting authority upon consultation with the Newburyport Affordable Housing Trust and the office of planning and development. The plan shall comply with fair housing and non-discrimination laws as well as DHCD's LIP guidelines and affirmative fair housing marketing and resident selection plan guidelines, as such laws and guidelines may be amended from time to time.

5.

Project phasing: The affordable units within a phased project shall be equally dispersed throughout the proposed number of phases, including the first phase. The affordable units within each project phase shall be completed and ready for occupancy at the same time as the market-rate units within the same project phase.

(Ord. of 10-30-17(1))

1.

On-site units: Construction of affordable units on the site of the project is the preferred approach to create affordable housing under this section.

2.

Offsite units: The planning board may grant a special permit to allow the applicant to provide a portion or all of the required affordable units at an offsite location. In granting a special permit hereunder, the planning board may impose any conditions it deems necessary to assure compliance with this section. Prior to submitting a request to consider this alternative to providing required affordable units on-site, the applicant shall consult with the Newburyport Affordable Housing Trust regarding the proposed methods to satisfy the purpose and intent of this section.

A.

Consultation with the affordable housing trust: The applicant shall provide conceptual plans and documents detailing the proposed offsite units to ensure that they meet the criteria and regulations within this section. Within fourteen (14) days upon the conclusion of the affordable housing trust's review of the alternative method(s), the trust shall submit a report to the planning board stating its recommendations, if any, for the allowance of offsite units in place of on-site ones. The planning board shall not act upon an application until this recommendation is received or fourteen (14) days have passed, whichever occurs first.

B.

Criteria for offsite units: The planning board may allow the offsite affordable units to be located outside of the same neighborhood or zoning district as the proposed development project, or subdivision or other division of land. Likewise, the planning board may allow offsite affordable units to be located in an existing structure, provided that their construction constitutes a net increase in the number of affordable dwelling units contained in the structure. The number of offsite affordable units shall, at a minimum, be equal to that number of affordable units otherwise required to be provided on site. Any affordable units provided at an offsite location shall be compatible with the neighborhood in which they are sited, including design, architectural detail, scale, and massing. There shall be sufficient on-site parking, according to section VII of the Newburyport Zoning Ordinance to service each of the affordable units.

(Ord. of 10-30-17(1))

1.

Building permit conditions: All agreements with the City of Newburyport and other documents necessary to ensure compliance with this section shall be executed and delivered to the office of planning and development prior to and as a condition of the issuance of any approval required to commence construction. The building inspector shall not issue a building permit with respect to any project or development subject to this article unless and until the office of planning and development has verified, in writing, to the building inspector that all conditions of this section, including any conditions that may be established by the permit-granting authority in any decision or approval, have been met.

2.

Occupancy conditions: No certificate of occupancy shall be issued for any market-rate units in a development project, or subdivision or division, subject to this section until all affordable deed restrictions, agreements with the City of Newburyport, and other documents necessary to ensure compliance by the applicant with the requirements of this section have been executed and recorded. Certificates of occupancy for any market-rate housing units shall be issued at an equal ratio to the certificates for occupancy for required affordable housing units, both on- and/or offsite units, for the entire project. If approved by the permit-granting authority, any donation of developable land to a designee accepted by the permit-granting authority, must be conveyed in fee simple title, or contracted for conveyance in fee simple, or in a manner acceptable to the permit-granting authority and the city solicitor.

(Ord. of 10-30-17(1))