Town of West Boylston, MA - 3.10 Incentive Zoning

3.10. INCENTIVE ZONING

The purpose of this By-law is to increase the supply of housing in the Town of West Boylston that is available to and affordable by very low, low, and moderate income households who might otherwise have difficulty in finding homes in West Boylston. Through this bylaw, the Town encourages 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 and programs of the West Boylston Housing Partnership.

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, and

(2) assist in the achievement the 10% affordable housing threshold established by the Commonwealth in M.G.L. chapter 40-B, Section 20-23, and

(3) encourage a greater diversity and distribution of housing to meet the needs of families and individuals at all income levels,

(4) prevent the displacement of West Boylston residents; and

(5) create viable housing opportunities to employees of the Town of West Boylston.

3.10.B Definitions

Affordable housing: Housing which is perpetually restricted 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 habitable dwelling.

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.

Local housing fund: An account established by:

(a) The Town for the specific purpose of creating affordable housing, including use by the Town Housing Authority for the purchase of land or units, or the development of new or rehabilitation of existing dwelling units for affordable housing occupants; or

(b) a housing or community development corporation designated by the Town and created under the laws of the Commonwealth of Massachusetts.

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, 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). All requirements and procedures must be satisfied before a Building Permit may be issued.

3.10.D Provision of Affordable Units

1. Density Bonus: All developments including a residential component with Single-Family residences MAY be allowed to construct up to 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. All developments including a residential component with Multi-Family residences MAY be allowed to construct up to 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. Calculation of the number of Affordable Units shall be rounded up to the next higher whole unit.

2. Frontage Bonus: With the grant of a Special Permit hereunder, the Planning Board may grant a reduction of the minimum lot frontage to no less than two thirds (2/3) of the frontage required in the applicable Zoning District.

3. Buffer Requirement: When multi-family units are proposed, a buffer 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.

4. Distribution of affordability for RENTAL units: Affordable rental units shall be set aside, as a minimum, in compliance with Housing Partnership needs assessment, as follows:

a) In developments which include fewer than three (3) affordable units all affordable units shall serve low or moderate income households.

b) In developments which include exactly three (3) affordable units,

One (1) affordable unit shall serve a very-low-income household

Two (2) affordable units shall serve a low or moderate income household

c) In developments which include more than three (3) affordable units, the units shall be distributed generally as follows:

25% shall serve very-low-income households

75% shall serve low or moderate income households

5. Distribution of affordability for OWNERSHIP units: Affordable ownership units shall serve low or moderate income households, unless an applicant and the SPGA agree that very low income households should be served.

6. Relationship to the affordable housing inventory: It is intended that the affordable housing units serving low and very-low income households that result from this by-law be considered as Local Initiative Units in compliance with the requirements of the Local Initiative Program administered by the Commonwealth of Massachusetts Department of Housing and Community Development (DHCD);

or that such units comply with such other program that allows for inclusion on the Town's subsidized housing inventory, as kept by DHCD.

7. 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.

8. Relationships to other organizations: Subject to the approval of the West Boylston Housing Partnership and the applicable subsidizing agency, developers may elect to work with a local nonprofit housing provider, to distribute, maintain or operate the units in accordance with the requirements of this section.

3.10.E Affordability Requirements

1. Duration of affordability: Affordable units shall be subject to restrictions that, to the extent legally possible, preserve the perpetual affordability of the units as defined by this by-law.

2. Maximum rental price: Rents for the affordable units, including utilities and other housing costs, shall not exceed 30% of the targeted annual gross household income, as adjusted for household size. Specific prices shall be determined by reference to standards set forth by DHCD or HUD, if applicable, and are subject to approval by the SPGA.

3. Maximum sales price: Housing costs, including monthly housing payments, principal and interest payments, insurance, condominium fees and other housing costs, shall not exceed thirty percent (30%) of the targeted gross household income, as adjusted for household size. Specific prices shall be determined by reference to standards set forth by DHCD or HUD, if applicable, and are subject to approval by the SPGA.

4. Resale prices: Subsequent resale prices shall be determined based on a percentage of the median income at the time of resale as determined by reference to a binding deed rider or use restriction encumbering the subject unit.

5. Marketing plan: The affordable units must be rented or sold using marketing and selection guidelines approved by DHCD and the West Boylston Housing Partnership.

6. Preference for Town residents and persons employed within the Town: Unless otherwise prohibited by law, 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.F Development Standards

1. Location of affordable units: Affordable units shall be dispersed throughout the development so as to ensure a true mix of market-rate and affordable housing.

2. Comparability: Affordable units shall be externally indistinguishable from market rate units in the same development. Affordable units should be comparable to market rate units in terms of location, quality, character, and room size.

3. Unit size: Except as otherwise authorized by the SPGA, affordable units shall contain one or more bedrooms. The mix of unit sizes among the affordable units shall be proportionate to that of the development as a whole.

4. Rights and privileges: The owners or renters of affordable units shall have all rights, privileges and responsibilities accorded to market-rate owners or renters, including access to all non-fee amenities within the development.

3.10.G Alternative Methods of Affordability

Section 3.10.D 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 methods only in rare and exceptional circumstances:

1.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 a 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 unit in addition to the number of 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 the same construction schedule as otherwise required of on-site units as set forth in Section 3.10.I.

3.10.H Procedures

All projects shall comply with the following procedures as applicable:

1. Pre-application Meeting: The applicant shall convene a pre-application meeting with the West Boylston Housing Partnership to discuss the project proposal and affordable housing requirements.

2. Submission of Affordable Housing Plan: The applicant shall fill out and submit an Affordable Housing Plan form to the West Boylston Housing Partnership prior to making an application for a Special Permit. This form requires the following information: project units by location, square footage, unit types, number and types of rooms, and location of and number of affordable units. Specific floor plans shall be included with this submission.

3. Planning Board Application: The applicant shall make a formal application for a Special Permit and Subdivision or Site Plan Review, as applicable, to the West Boylston Planning Board. The applicant is required to comply with all other applicable Zoning and/or Subdivision Regulations.

4. Housing Partnership Review: The West Boylston Housing Partnership shall, in the next regularly scheduled meeting after necessary public notice, review the Affordable Housing Plan and prepare a recommendation to the Planning Board.

5. Planning Board Review: The Planning Board shall meet to hear the special permit application in accordance with other by-laws and regulations regarding special permit applications. The Planning Board decision may require modifications, conditions and safeguards, including documentation regarding affordability. The Board shall explain any deviation from the Housing Partnership recommendations in writing in its decision.

6. Revised Affordable Housing Plan: As needed to secure Planning Board approval, a revised affordable housing plan may be submitted to the Planning Board. No building permit shall be issued until the applicant submits proof that the special permit decision of the Planning Board has been recorded and that a final approval letter for the Affordable Housing Plan has been issued.

7. Special Permit Condition: Each special permit shall contain a condition that no occupancy permit may be issued for the project unless and until the applicant demonstrates, with written evidence, that the approved affordable units are eligible for inclusion on the town's subsidized housing inventory, as kept by DHCD.

Administration and Enforcement

1. Authority: 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. The Planning Board will review the proposals and oversee construction, in accordance with the appropriate review (i.e. Subdivision or Site Plan) with recommendations from the Housing Partnership.

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. No Certificate of Occupancy shall be issued for any market-rate units in a development subject to the requirements of this Section until 25% of the affordable units required to be constructed have been issued a Certificate of Occupancy. No Certificate of Occupancy shall be issued to more than 50% of the market-rate units until 100% of the affordable units required to be constructed have obtained a Certificate of Occupancy.

5. Regulations: The Planning Board may adopt regulations to facilitate the administration of this section.

3.10.J 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.K 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.

Amended May 15, 2006 Article 33