Norton City Zoning Code
ARTICLE XIX
Affordable Housing
§ 175-19.1 Purpose and intent.
The purpose of this bylaw is to provide housing in the Town of Norton that is affordable to low- or moderate-income households. It is intended that the affordable housing units that result from this bylaw shall qualify as local initiative units (LIP) in compliance with the requirements for the same as specified by the Department of Community Affairs, Department of Housing and Community Development and that said units count toward the Town's requirements under MGL c. 40B, §§ 20 through 23.
§ 175-19.2 Definitions.
In addition to definitions generally applicable to the Zoning Bylaw as set forth in § 175-2.2, for purposes of this article, the following terms shall have the meanings indicated:
AFFORDABLE HOUSING UNIT
A dwelling unit available at an annual cost of no more than 30% of gross household income of households at or below 80% of the Boston MSA median income as reported by the U.S. Department of Housing and Urban Development, including units listed under MGL c. 40B, §§ 20 through 23 and/or the Commonwealth's Local Initiative Program (LIP).
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT
An individual or family with household income that does not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD).
§ 175-19.3 Applicability.
A.
Division of land. This bylaw shall apply to the division of land held in single ownership as of October 8, 2003, or anytime thereafter, into six or more lots, whether such lots are created at one time or cumulatively from said land held in single ownership, and shall require a special permit. A special permit shall be required for land divisions under MGL c. 40A, § 9, as well as for "conventional" or "grid" divisions allowed by MGL c. 41, §§ 81L and 81U, including those divisions of land that do not require subdivision approval. The Norton Planning Board shall be the special permit granting authority (SPGA) for all special permits under this bylaw.
B.
Multiple units. This bylaw shall apply to the construction of six or more multifamily dwelling units, whether on one or more contiguous parcels, in existence as of October 8, 2003, and shall require a special permit.
§ 175-19.4 Affordable units required.
The Planning Board shall, as a condition of approval of any division of land or construction of multiple units referred to in § 175-19.3 above, require that the applicant for approval of a special permit comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in § 175-19.5 below.
§ 175-19.5 Provision of affordable units.
A.
The Planning Board shall deny any application for a special permit for division of land or construction of multiple units under this bylaw if the applicant does not comply, at a minimum, with the following requirements for affordable units.
B.
At least 10% of the lots in a division of land or units in a multiple-unit development subject to this bylaw shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number such that a development proposing six dwelling units shall require one affordable unit, a development proposing 11 dwelling units shall require two affordable units and so on:
(1)
The affordable units shall be constructed or rehabilitated on the subject property.
(2)
The affordable units shall be constructed or rehabilitated on a property different than the property subject to the special permit.
(3)
The applicant shall make an equivalent fees-in-lieu-of-payment (see § 175-19.10).
(4)
The applicant may offer, and the Planning Board, after consultation with the Board of Selectmen, may accept, 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 set-aside 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.
(5)
The applicant may offer, and the Planning Board may accept, any combination of the § 175-19.5 requirements, provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by the bylaw.
§ 175-19.6 Standards for affordable units.
A.
Siting of affordable units. All affordable units constructed or rehabilitated under this bylaw 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, than the market-rate units.
B.
Minimum design and construction standards for affordable units. Affordable units within market-rate developments 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 of affordable units shall comply in all respects with the minimum design and construction standards set forth in the Local Initiative Guidelines by the Department of Housing and Community Development, July 1996, as amended.
C.
Timing of construction or provision of affordable units or lots. 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 be delayed beyond the schedule noted below:
Market-Rate Units % | 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% |
Fractions of units shall not be counted. |
§ 175-19.7 Local preference.
The SPGA shall require the applicant to comply with local preference requirements, if any, as established by the Board of Selectmen.
§ 175-19.8 Marketing plan for affordable units.
Applicants under this bylaw shall submit a marketing plan or other method approved by the SPGA, which describes how the units will be marketed to potential homebuyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants. The plan shall be in conformance with DHCD rules and regulations.
§ 175-19.9 Provision of affordable units off-site.
Subject to the approval of the SPGA, an applicant subject to this bylaw may develop, construct or otherwise provide affordable housing units equivalent to those required by § 175-19.5 off-site. 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 to be provided shall be approved by the PGA as an integral element of the special permit review and approval process.
§ 175-19.10 Provision of fees in lieu of affordable units.
As an alternative to the requirements of § 175-19.6, and as allowed by law, an applicant may contribute a fee or land to a Norton Housing Trust Fund, established for the purpose of this bylaw, to be used for the development of affordable housing in lieu of constructing affordable housing on-site or providing affordable units off-site.
A.
Calculation of fees-in-lieu-of units. The applicant for development subject to this bylaw may pay fees in lieu of the construction or provision of affordable units. For the purpose of this bylaw, the fee in lieu of construction or provision of affordable units is determined to be $200,000 per unit. For example, if the applicant is required to construct two affordable income units, the applicant may, at its option, pay $400,000 in lieu of construction or provision of such units.
B.
Schedule of fees-in-lieu-of payments. Fee-in-lieu-of payments shall be made according to the schedule set forth in § 175-19.6C above.
§ 175-19.11 Maximum income and selling price at initial sale.
A.
To ensure that only eligible households purchase affordable housing units, the purchaser of an affordable unit shall be required to submit copies of the last three years' federal and state tax returns for the household and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within 30 days following transfer of title, to the Norton Local Housing Partnership, that his/her annual household income level does not exceed the maximum level as established by the Commonwealth's Department of Housing and Community Development and, as such, may be revised from time to time.
B.
The maximum price or rent of the affordable units created under this bylaw is established by the Commonwealth's Department of Housing and Community Development and, as such, may be revised from time to time.
§ 175-19.12 Preservation of affordability; restrictions on resale.
Each affordable unit created in accordance with this bylaw shall have limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a deed restriction on the property acceptable to DHCD, recorded in the Bristol County Northern Registry of Deeds and shall be in force for a period of 99 years or as long a period as is lawful, whichever is greater.
A.
Resale price. Sales beyond the initial sale to a qualified purchaser shall not exceed the maximum sale price as determined by the DHCD for affordability within the Town of Norton at the time of resale.
B.
Right of first refusal to purchase. The purchaser of an affordable housing unit developed as a result of this bylaw shall agree to execute a deed rider prepared by the Town, granting, among other things, the Town of Norton's right of first refusal for a period of not less than 180 days to purchase the property or assignment thereof, in the event that, despite diligent efforts to sell the property, a subsequent qualified purchaser cannot be located.
C.
Renting. The Planning Board shall require, as a condition for grant of the special permit under this bylaw, that the deeds to the affordable housing units contain a restriction requiring that any subsequent renting or leasing of said affordable housing unit(s) shall not exceed the maximum rental price as determined by the DHCD for affordability within the Town of Norton.
D.
The Planning Board shall require, as a condition for grant of the special permit under this bylaw, that the applicant comply with the mandatory set-asides and accompanying restrictions of affordability. The Building Inspector shall not issue any building permit for any unit(s) until the special permit and deed restriction are recorded at the Bristol County Northern Registry of Deeds or the Land Court.
§ 175-19.13 Density increase for affordable housing.
The Planning Board is authorized, by grant of a special permit, to allow an increase in density of up to three times the density allowed under the conventional provisions of the Zoning Bylaw for a project located in the following zoning districts: R-80, R-60, R-40, Village Commercial and Commercial if the project contains the following minimum dry acreage: in the R-80 District, no less than 10 acres; in the R-60 District, no less than 7.5 acres; in the R-40 District, no less than five acres. A project approved under this section shall provide 30% or more of the proposed housing units as affordable housing units, either for sale or rental. The Planning Board may waive the requirements for lot size and lot line setbacks to accommodate the approved density and shall specify in its approval of the special permit the lot size, setback requirements it deems appropriate. Projects approved under the provision of this section shall be subject to all other appropriate provisions of Article XIX, Affordable Housing, and shall be subject to the provisions of Article XV, Site Plan Approval.