Wayland City Zoning Code
ARTICLE 22
Inclusion of Affordable Housing
§ 198-2201 Purpose and intent.
2201.1.
The purpose of this article is to increase the supply of housing in the Town of Wayland that is available to and affordable by low-income and moderate-income households who might otherwise have difficulty in finding homes in Wayland, and to ensure that such housing is affordable over the long term and provided in accordance with the requirements of Massachusetts General Laws Chapter 40B and its implementing regulations, the Wayland Comprehensive Permit Policy, the Wayland Master Plan, and other ongoing programs within the Town of Wayland. In those cases where this article may conflict or be inconsistent with other sections of the Town of Wayland's Zoning Bylaws, except as otherwise expressly provided herein, the provisions of this article shall be controlling.
2201.2.
It is intended that the affordable dwelling units authorized under the provisions of this Bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same established by the Commonwealth of Massachusetts Department of Community Affairs, Department of Housing and Community Development (DHCD), or its successor, or such additional programs adopted by the Commonwealth or its agencies, and that said units shall be included in the Town's Inventory of Subsidized Housing under Massachusetts General Laws Chapter 40B, Sections 20 through 23, as amended.
§ 198-2202 Administration.
2202.1.
The Planning Board shall be designated as the special permit granting authority (SPGA) under this article.
2202.2.
The Planning Board shall adopt and maintain a set of regulations that contains the necessary policies, definitions, fee structures, procedures, and requirements to implement the provisions of this article.
§ 198-2203 Applicability.
2203.1.
Multiple units. The construction of six or more dwelling units, whether on one or more contiguous parcels, shall require a special permit from the Planning Board, including the construction of six or more dwelling units in a Conservation Cluster Development District pursuant to a special permit issued by the Planning Board under Article 18 of the Town's Zoning Bylaws. Whenever a special permit is issued under this article for a development in a Conservation Cluster Development District, the Planning Board shall issue a single special permit pursuant to this article and said Article 18.
2203.2.
Developments shall not be segmented to avoid compliance with this article. Segmentation shall mean one or more divisions of land that cumulatively result in an increase by five or more residential lots or dwelling units above the number existing thirty-six months earlier on any parcel or on contiguous parcels of land that were in common ownership on or after the effective date of this article.
§ 198-2204 Calculation of affordable dwelling units.
2204.1.
In any development subject to this article, a minimum of 16.7% of the units in the development shall be affordable. Nothing in this section shall preclude a developer or landowner from creating more affordable housing units than the minimum required under the provisions of this article.
2204.2.
If, when applying the percentage to the total number of units to determine the number of affordable units, the number of affordable dwelling units results in a fraction, said number shall be rounded to the nearest whole number.
§ 198-2205 Allowed types of affordable dwelling units.
2205.1.
Single-family dwellings;
2205.2.
Single-family dwellings with accessory apartments;
2205.3.
Multifamily dwellings which are designed to be consistent in character with the single-family dwellings in the same development. Such multifamily dwellings may be allowed provided:
2205.4.
Accessory uses and structures incidental to principal uses indicated above and approved by the Planning Board.
§ 198-2206 Eligibility standard.
2206.1.
Affordable rental or ownership units developed under this article shall serve low-income households. A low-income household is defined as having a total household or family income of not more than 80 percent of the median income for the Boston Standard Metropolitan Statistical Areas, as set forth in regulations promulgated from time to time by the U.S. Department of Housing and Urban Development, or by a similar federal agency created to replace it, as adopted by DHCD or its successor.
§ 198-2207 Affordability requirements.
2207.1.
Duration of affordability: Affordable dwelling units shall be subject to restrictions that shall preserve their affordability, in perpetuity, to the extent legally possible, but in no case less than 50 years.
2207.2.
Maximum rental price: Rents for affordable units, excluding utilities (gas, heat, water, electricity, etc.) shall not exceed 30 percent of the targeted annual gross household income, as determined by DHCD. Specific prices shall be determined by the state or federal funding source, if applicable, and are subject to approval by the Wayland Housing Partnership or its successor authority or agency.
2207.3.
Maximum sales price: Housing costs, including monthly housing payments, principal and interest payments, real estate taxes, and insurance, shall not exceed 30 percent of the targeted gross household income. Specific prices shall be determined by the state or federal funding source, if applicable, and are subject to approval by the Wayland Housing Partnership or its successor authority or agency.
2207.4.
Resale prices: Subsequent resale prices shall be determined based on a percentage of the median income for the Boston Standard Metropolitan Statistical Area at the time of resale as determined by the U.S. Department of Housing and Urban Development and adopted by DHCD. The formula for the resale price shall be defined in the Planning Board's rules and regulations for the implementation of this article and shall be established in order to assure that the target income group's ability to purchase will be commensurate with the unit's market appreciation and to provide a reasonable return on equity to the seller.
2207.5.
Marketing plan: The affordable dwelling units must be rented or sold using marketing and selection guidelines approved by the Wayland Housing Partnership, or its successor authority or agency, and in accordance with DHCD guidelines.
2207.6.
Preference for Wayland-related residents and Town Employees: Not fewer than 70 percent of the affordable dwelling units shall be initially offered to Wayland-related residents and employees of the Town of Wayland, unless prohibited by a federal or state agency under a financing or other subsidy program.
2207.7.
Right of first refusal to purchase: The purchaser of an affordable dwelling unit developed pursuant to this article shall agree to execute a deed rider prepared by the Town, consistent with affordable housing deed riders promulgated by DHDC granting, among other things, the Town a right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be located.
§ 198-2208 Development standards.
2208.1.
Location of affordable dwelling units: Affordable dwelling units shall be provided on-site unless the Planning Board allows an alternative method of compliance. (See § 198-2209, below.) Location of affordable dwelling units shall be approved by the Planning Board.
2208.2.
Comparability: Affordable dwelling units shall be externally indistinguishable from market-rate units in the same development, to the extent possible. Affordable dwelling units should be comparable to market-rate units in terms of location, quality, and character.
2208.3.
Unit size: It is preferable that affordable dwelling units contain at least two bedrooms.
2208.4.
Rights and privileges: The owners or renters of affordable dwelling units shall have all rights, privileges, and responsibilities accorded to market-rate owners or renters, including access to all nonfee amenities within the development.
§ 198-2209 Alternative methods of compliance.
2209.1.
In exceptional circumstances, the Planning Board may consider an alternative method of compliance. In granting such exception, the Planning Board must find that the developer or landowner has demonstrated that building the required affordable dwelling units on site would create a significant hardship or that such alternate method of compliance is in the best interests of the Town. A significant hardship shall be defined as being of such significance that the property cannot physically accommodate the required affordable dwelling units and/or related requirements, such as height, setbacks, or parking. Hardship shall not be considered due to financial or marketing considerations. The burden of proof shall be on the developer or landowner, who must make full disclosure to the Planning Board of all relevant information.
2209.2.
Except as set forth below, affordable dwelling units provided through an alternate method shall comply in all other respects with the requirements of this article. The Planning Board may consider the following alternative methods of compliance or combination of methods, in order of preference by the Town:
2209.2.1.
Construction on a site different than the one subject to the special permit that is suitable for residential development within the Town of Wayland, (2) adds to the Town's stock of affordable housing, and (3) is comparable in quantity, quality, size, and type. Affordable off-site dwelling units may be located within an existing structure.
2209.2.2.
An applicant may offer, and the Town, with the approval of the Planning Board and the Select Board, may accept donations of land in fee simple, on or off site that the Planning Board determines are suitable for the construction of an equivalent number of affordable dwelling units. The Planning Board may require, prior to acceptance of land by the Town, satisfaction of the requirements of this article, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of its value.
2209.2.3.
Developers and landowners may make a monetary payment to the Town to be used only for the purposes of providing housing affordable to low-income households, as defined by this article.
2209.2.3.1.
For ownership developments, the financial contribution for each affordable unit shall be equal to the then-current cost of construction of an affordable dwelling unit as further defined in the Planning Board rules and regulations for this article. In order to include the value of the land, the financial contribution for each affordable dwelling unit shall also include an amount equal to the current year's assessed value of the land divided by the total number of units proposed, multiplied by the total number of affordable units.
2209.2.3.2.
For rental units, the financial contribution for each affordable unit shall be equal to the difference between the average market rental price for market-rate units in the subject development or the median market rate rent for the Boston Standard Metropolitan Statistical Area, whichever is greater, and the rent affordable to a four-person low-income household as defined by this article, calculated over a term of 10 years, as further defined by the Planning Board rules and regulations for this article. The financial contribution for each affordable dwelling unit shall also include an amount equal to the current year's assessed value of the land divided by the total number of units proposed, multiplied by the total number of affordable dwelling units or an amount sufficient to purchase an affordable housing deed restriction on a comparable rental property, whichever is greater.
2209.2.3.3.
For fractional affordable dwelling units, the applicant shall round up to the next whole number of units or choose to pay equivalent fees in lieu of units (See § 198-2204 above.) proportionate to the percentage of the unit required.
2209.2.3.4.
Preservation of existing dwelling units as affordable dwelling units through the purchase of deed restrictions.
2209.2.4.
Prior to the issuance of a final certificate of occupancy for any portion of the project, the contribution shall be payable in full, or a written agreement approved by the Planning Board and the Wayland Housing Partnership, or successor authority or agency, must be recorded and filed with the Town Treasurer.
§ 198-2210 Enforcement.
2210.1.
Legal restrictions: Affordable dwelling units shall be rented or sold subject to deed restrictions, restrictive covenants, contractual agreements, and/or other mechanisms restricting the use and occupancy, rent levels, and sales prices of such units to assure their affordability. All restrictive instruments shall be subject to review and approval by the Wayland Housing Partnership, or successor authority or agency, the Planning Board and Town Counsel and shall be recorded with the Middlesex South Registry of Deeds prior to the commencement of construction. All condominium documents and fees shall be subject to review and approval by the Wayland Housing Partnership and Town Counsel.
2210.2.
Timing of commitments: All contractual agreements with the Town and other documents necessary to ensure compliance with this Bylaw shall be executed prior to and as a condition of the issuance of any approval required to commence construction.
2210.3.
Timing of construction: As a condition of the issuance of a special permit under this article, the Wayland Housing Partnership, or successor authority or agency, may set a time schedule for the construction of both affordable and market-rate units. No certificate of occupancy shall be issued for any market-rate units in a development subject to the requirements of this article until 25 percent of the affordable dwelling units required to be constructed have been issued a certificate of occupancy. No certificate of occupancy shall be issued to more than 75 percent of the market-rate units until 100 percent of the affordable dwelling units required to be constructed have obtained a certificate of occupancy.
§ 198-2211 Severability.
2211.1.
If any provision of this article is held invalid by a court of competent jurisdiction, the remainder of this article 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 remainder of the Town's Zoning Bylaws.