3.10. INCENTIVE ZONING
*81- Amended May 15, 2006 – Article 33
*96 Amended May 16, 2011 - Article 37 section deleted and replaced
3.10.A Purpose
The purpose of this By-law is to encourage new, converted or renovated housing developments, where adequate public services exist, to include a proportion of housing units that are affordable. This bylaw is intended to ensure that such housing is affordable over the long-term and is provided in accordance with the requirements set forth by the Massachusetts Department of Housing and Community Development (“DHCD,” or the successor agency thereto), the West Boylston Master Plan, the West Boylston Housing Production Plan, and the West Boylston Open Space and Recreation Plan.
Accordingly, the provisions of the Section are designed to:
(1) increase the supply of affordable rental and ownership housing in the Town of West Boylston,
(2) assist in the achievement of the 10% Affordable Housing threshold established by the Commonwealth in M.G.L. Chapter 40-B, Section 20-23,
(3) encourage a greater diversity and distribution of housing to meet the needs of residents and employees of the Town of West Boylston.
3.10.B Definitions
Affordable Housing: Housing which is perpetually restricted (to the maximum extent legally possible) for sale, lease or rental to low or moderate income households within specific income ranges as defined by this By-law; and at specific prices not exceeding an amount that is deemed Affordable for the subject household, or other standards as may be established pursuant to any Town, state or federal housing program designed to assist very low-, low-, and moderate income households and adopted by the Town of West Boylston.
Affordable Housing Unit (AFU): A dwelling unit that is sold or rented for an amount that is deemed Affordable for a household at or below 70% of the area median income as reported by DHCD or the U.S. Department of Housing and Urban Development (“HUD”). In calculating the price of an Affordable Unit, no more than 30% of the subject household’s income may be devoted to qualifying housing costs.
Dwelling Unit: A single habitable space with facilities which are used, arranged or designed to be occupied for living, sleeping, cooking and eating.
Low or Moderate Income Household: A household that earns no more than 80% of the Area Median Income, as published by DHCD or HUD or the successor agencies thereto.
Very-low-income household: A household having an income less than or equal to fifty (50) percent of the Area Median Income as published by DHCD or HUD or the successor agencies thereto.
3.10.C Applicability
The provisions of this Section shall apply in all zoning districts, where residential use is permitted, but only in areas where adequate public sewerage and public water are available. The applicant shall follow the procedures stipulated in Section 3.6 Site Plan Review, with the Planning Board as the Special Permit Granting Authority (SPGA); or the West Boylston Subdivision Regulations (where applicable). All requirements and procedures must be satisfied before a Building Permit may be issued.
3.10.D Provision of Affordable Units
All AFUs that result from this by-law shall be considered as Local Action Units and shall comply with requirements of the DHCD-Local Initiative Program, or another DHCD program that allows for inclusion of AFUs on the Town’s subsidized housing inventory. The following characteristics shall apply to the development:
1 Density Bonus: The Planning Board may allow increased density, based on project design and site appropriateness, as follows. Land that is considered wetland, water, or land containing slopes greater than 25% shall not be included in the area used to calculate the density bonus.
a) For all developments including a residential component with Single-Family residences the Planning Board MAY allow increased densities no greater than one hundred and fifty (150) percent of the dwelling unit density that is allowed by right under the current zoning bylaw (1.5 units for every unit currently allowed – i.e. a project that is permitted to construct 10 units may construct up to 15 units with a special permit issued under this by-law), provided that a minimum of fifteen (15) percent of the total number of dwelling units are set aside as Affordable Housing Units, as defined hereunder.
b) For all developments including a residential component with Multi-Family residences the Planning Board MAY allow increased densities no greater than two hundred (200) percent of the dwelling unit density that is allowed by right under the current zoning bylaw, provided that a minimum of twenty (20) percent of the total number of dwelling units are set aside as Affordable Housing Units.
2 Dispersion: Affordable Housing Units shall be dispersed throughout the development so as to ensure a true mix of housing; shall be comparable and indistinguishable from market rate units in the same development; shall have a similar mix of unit sizes proportional to the market rate units; and shall have all rights, privileges and responsibilities accorded to market rate units including access to all non-fee amenities within the development.
3 Multiple Habitable Buildings Per Lot: Notwithstanding the provisions of Section 4.3, the number of habitable buildings on a lot and the maximum number of dwelling units permitted per habitable building shall be determined by the Planning Board on a case by case basis. This paragraph only applies to parcels located in Zoning Districts where multifamily development is allowed.
4 Distribution of Affordable Units: Affordable Units shall be set aside, as a minimum, in compliance with Housing Production Plan and the Housing Needs assessment.
5 Buffer Requirement: When multi-family units are proposed, a buffer of at least 30’ wide by 8’ high vegetated visual buffer must be constructed in areas of the site that border single-residence uses or Zoning Districts.
6 Relationship to public funding programs: Developers may participate in public subsidy programs and still meet the requirements of this Section. Such participation will be subject to the approval of the subsidizing agency and to the unit price limitations of the funding program as well as those required by this Section. In case of conflicting price limitations, the lower price requirement shall prevail.
7 Relationships to other organizations: In consultation with the West Boylston Housing Partnership, or its successor, and the applicable subsidizing agency, the Planning Board may allow developers to work with a local nonprofit housing provider, to distribute, maintain or operate the units in accordance with the requirements of this section.
8 Preference for Town residents and persons employed within the Town: Unless otherwise prohibited by law or the requirements of the Local Initiative Program, not less than seventy percent (70%) of the Affordable Units shall be initially offered to residents of the Town of West Boylston, to persons employed within the Town of West Boylston, and persons who, although not currently residents of the Town, have previously resided in the Town of West Boylston for a minimum of five (5) years.
3.10.E Alternative Methods of Affordability
This bylaw mandates that Affordable Units shall be provided onsite. However in certain exceptional circumstances the Planning Board may, at the formal written request of the applicant and with the support of the Housing Partnership, consider an alternative method of compliance. In granting such authorization, the Planning Board must find that the applicant has demonstrated that building the required Affordable 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 Units and/or related requirements, such as height, setbacks or parking due to topographic conditions, other than size, of the property.
To have such a request considered, the burden of proof shall be on the applicant, who must make full disclosure to the Town of all relevant information. Approval of the alternate methods of compliance shall be only for the method described. The Town may consider these only in rare and exceptional circumstances:
1 Fees-in-lieu-of-units: An applicant may contribute to the established local Affordable Housing Trust Fund to be used for the development of Affordable Housing in lieu of constructing and offering Affordable Units within the locus of the proposed development or at an off-site locus.
(a) Calculation of fee-in-lieu-of-units payment. The applicant for development subject to this bylaw may pay fees in lieu of construction of Affordable Units. For the purposes of this bylaw the fee-in-lieu-of-units of the construction or provision of Affordable Units will be determined as a per-unit cost as calculated from regional construction and sales reports. The Planning Board will make the final determination of acceptable value.
(b) Schedule of fees-in-lieu-of-units payments. Fees-in-lieu-of-units payments shall be made according to a schedule set by the Planning Board as a condition of approval.
(c) Creation of Affordable Units. Cash contributions and donations of land and/or buildings made to the Town or its Housing Trust in accordance with this section shall be used only for purposes of providing Affordable Housing for low or moderate income households. Using these contributions and donations, Affordable Housing may be provided through a variety of means, including but not limited to the provision of favorable financing terms, subsidized prices for purchase of sites, or Affordable Units within larger developments.
2 Off-site Location: With authorization by the Planning Board as described above, Affordable Units may be constructed by the developer on an alternate site. The alternate site must be suitable for residential development, be within the Town of West Boylston, add to the Town’s stock of Affordable Housing units and contain an appropriate mix of market-rate and Affordable Housing units. Off-site units shall be comparable in quality, size and type to the market-rate units being created, and include at least one Affordable Housing unit in addition to the number of Affordable Housing units that would have otherwise been provided on-site. Affordable Off-site Units allowed by this Bylaw may be located in an existing structure, provided that their construction
constitutes a net increase in the number of dwelling units contained in the structure. Off-site units shall be subject to a schedule set by the Planning Board as a condition of approval.
3.10.F Procedures
All projects shall comply with the procedures described in the Rules and Regulations of the West Boylston Planning Board for Incentive Zoning Special Permits and adopted by the Planning Board under the Home Rule Authority of Article 89 of the amendments to the Massachusetts Constitution, the Zoning Bylaws of the Town of West Boylston and Chapter 40A, Section 9 of the Massachusetts General Laws.
3.10.G Administration and Enforcement
1 Authority: The Planning Board shall be the authority to administer and enforce the application and approval process, and oversee construction, in accordance with recommendations from the Housing Partnership, or its successor. The Housing Authority shall be the enforcement agent regarding issues relative to certification of unit eligibility and implementation of the Housing Plan, following issuance of a final occupancy permit from the Building Inspector.
2 Legal restrictions: Affordable Units shall be rented or sold subject to deed covenants, contractual agreements, and/or other mechanisms restricting the use and occupancy, rent levels and sales prices of such units to assure their Affordability in perpetuity. All restrictive instruments shall be subject to prior review and approval by the Planning Board and no occupancy permits may be issued until the Planning Board, in consultation with Town Counsel, issues such approval. All Subdivision and/or Homeowner or Condominium documents and fees shall be subject to review and approval by the Planning Board and the Town Counsel.
3 Timing of commitments: All contractual agreements with the Town and other documents necessary to ensure compliance with this Section shall be executed prior to and as a condition of the issuance of a Building Permit or occupancy permit, as may be specified herein.
4 Timing of construction: As a condition of the issuance of approval under this Section, the Planning Board may set a time schedule for the construction of both Affordable and market-rate units. When no schedule is specified as a condition of approval, all construction in the development must be completed within five (5) years of the date of approval.
5 Administration: The Planning Board may adopt regulations to facilitate the administration of Section 3.10.
3.10.H Conflict with Other By-laws
The provisions of this by-law shall be considered supplemental to existing zoning by-laws. To the extent that a conflict exists between this by-law, and others, the provisions of this by-law shall apply.
3.10.I Severability
In case any paragraph or part of this Section should be for any reason declared invalid or unconstitutional by any court of last resort, every other paragraph or part shall continue in full force and effect.
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