§ 205-71. Inclusionary Housing [Added 4-4-05 SPTM by Art. 7]
Purpose and Intent.
The purpose of this Section of the Bylaw is to promote the public welfare by promoting the development and availability of housing affordable to a broad range of households with varying income levels within the Town of Plymouth, and to outline and implement a coherent set of policies and objectives for the development of affordable housing which will satisfy the Town’s obligations under Massachusetts General Laws (M.G.L.) Chapter 40B Sections 20-23, its regulations, or any amendments thereto, and which will be consistent with the Refined Village Centers Plan, as well as any Affordable Housing Plan and/or Comprehensive Master Plan for the Town as may be adopted from time to time.
It is intended that the Affordable Units that result from this Section of the Bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Massachusetts Department of Housing and Community Development (MHDC), and that said units count toward the Town’s requirements under Massachusetts General Law Chapter 40B, Sections 20-23, its regulations, or any amendments thereto.
Definitions.
Affordable Unit – A dwelling unit constructed per the requirements of Section 205-71 of the Bylaw which meets the following conditions:
1. In a Project in which Affordable Units will be rented, a unit shall be considered an Affordable Unit if:
a. It is rented to an eligible LOW or MODERATE INCOME HOUSEHOLD; and
b. It is made available at a cost including rent, insurance and tenant-paid utilities of no more than 30% of gross household income of households at LOW or MODERATE HOUSEHOLD INCOME LEVELS.
c. The Massachusetts Department of Housing and Community Development (DHCD) regulations and guidelines for qualification of the Affordable Units towards meeting the requirements under Chapter 40B of the Massachusetts General Laws, its regulations, or any amendments thereto, including maximum rents and sale price, will be followed in order to enable the Town to qualify the dwelling units created under Section 205-71 of the Bylaw towards the Town’s subsidized housing inventory.
2. In a Project in which Affordable Units will be sold, a unit shall be considered an Affordable Unit if:
a. It is sold to an eligible LOW or MODERATE HOUSEHOLD INCOME; and
b. It is made available at a cost including mortgage interest, principal, taxes, insurance and common charges of no more than 30% of gross household income of LOW OR MODERATE HOUSEHOLD INCOME LEVELS.
c. The Massachusetts Department of Housing and Community Development (DHCD) regulations and guidelines for qualification of the Affordable Units towards meeting the requirements under Chapter 40B of the Massachusetts General Laws, its regulations, or any amendments thereto, including maximum rents and sale price, will be followed in order to enable the Town to qualify the dwelling units created under Section 205-71 of the Bylaw towards the Town’s subsidized housing inventory.
household Income, Low -- a combined household income which is less than or equal to 50% of MEDIAN HOUSEHOLD INCOME or any other limit established under Chapter 40B, its regulations or any amendment thereto.
household Income, median -- the median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD), pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974, and/or the Commonwealth’s Local Initiative Program and/or any successor federal or state program.
household Income, moderate -- a combined household income which is less than or equal to 80% of MEDIAN HOUSEHOLD INCOME or any other limit established under M.G.L. Chapter 40B, its regulations or any amendment thereto.
Housing Trust -- An account established by: (a) the Town for the specific purpose of creating affordable housing, or (b) a housing trust or community development corporation designated by the Town and created under the laws of the Commonwealth of Massachusetts; for the specific purpose of creating affordable housing, including use of the funds for the purchase of land or units, or the development of new or rehabilitation of existing dwelling units for low or moderate income housing occupants.
Market Rate Unit – a dwelling unit in a residential or mixed-use development that is not restricted in terms of price or rent.
Project – any residential development, including the subdivision of land, pursuant to M.G.L. Chapter 41 Section 81-U, which results in the construction of new dwelling units within the Town of Plymouth as defined in Paragraph C(1) of Section 205-71 of the Bylaw.
Rural Service Area – As defined in Section 205-37 of the Bylaw.
SPECIAL PERMIT GRANTING AUTHORITY – Planning Board and/or Board of Appeals.
Village Service Area – As defined in Section 205-37 of the Bylaw.
Procedures.
Applicability. In all zoning districts, a special permit from the Special Permit Granting Authority pursuant to the provisions of this Section shall be required for the following uses:
any residential use of land that requires a special permit and results in any net increase of six (6) or more dwelling units, whether on one or more contiguous parcels, and whether by new construction or by the alteration, expansion, reconstruction or change of existing residential or non-residential space; and
a residential subdivision of land into six (6) or more lots for residential use pursuant to M.G.L. Chapter 41 81-U; and
any development of less than six (6) dwelling units or less than six (6) lots is eligible for this Special Permit on a voluntary basis.
The requirements of this Section are applicable to lots within a tract of land in whole or in part. For purposes of this section, a tract of land shall mean a single parcel or lot or a set of contiguous parcels or lots which were held in common ownership on April 4, 2005 or on any date subsequent thereto.
Local Preference. The Special Permit Granting Authority shall require the applicant to comply with local preference requirements, if any, as established by the Board of Selectmen and/or the Director of the Office of Community Development.
2. Affordable Units Required.
Requirement. All Projects shall include the number of Affordable Units required under this Section of the Bylaw. No application for uses noted in Section (C)(1) shall be approved, nor shall any such Project be constructed, without compliance with this Section of the Bylaw.
Exemptions. This Section of the Bylaw shall not apply to the reconstruction of any Dwelling Units that were destroyed by fire, flood, earthquake or other act of nature, or a project of less than six (6) dwelling units.
3. Information in Application. Applications for Projects shall include the following information, in addition to information otherwise required under the Bylaw: three (3) copies of ONE of the following (a through e), and f, in order of preference:
The Memorandum of Understanding (MOU) between the Developer and the Plymouth Housing Authority as described in the Town of Plymouth’s Developing Affordable Housing in Plymouth guide, OR
The information requested for submittal to the Plymouth Housing Authority and the Plymouth Office of Community Development under “Review Process for Developers” in the Developing Affordable Housing in Plymouth guide, OR
The following information:
i. The location, structure, proposed tenure (rental or ownership) and size of the proposed Market Rate and Affordable Units;
ii. The calculations used to determine the number of required Affordable Units;
iii. A floor plan or site plan depicting the location of the Affordable Units;
iv. The income level targets for each Affordable Unit;
v. The mechanisms that will be used to assure that the Affordable Units remain affordable for the required term;
vi. for phased developments, a phasing plan;
vii. a description of any requested incentives as allowed in Paragraph C(8); and
viii. a marketing plan for the process by which qualified households will be reviewed and selected to either purchase or rent affordable units, consistent with the Local Initiative Plan requirements of the Massachusetts Department of Housing and Community Development; OR
d. A written request for waivers of this requirement stating the reasons for this request, OR
e. A written explanation of reasons Petitioner seeks confirmation of exemption from said requirements, AND
f. Any other information requested by the Special Permit Granting Authority.
4. Number of Affordable Units.
Basic Requirement. The required number of Affordable Units included in a Project shall depend upon the total number of Dwelling Units in the Project. The Developer of the Project may choose which type of Affordable Units to include.
Once the total number of Dwelling Units is established within a Project, based on the underlying zoning regulations and/or applicable subdivision rules and regulations (the “By-Right Dwelling Units”), there shall be added to and included within Rental Projects or Ownership Projects an additional number of Affordable Units consisting of not less than ten (10) percent of the By-Right Dwelling Unitsone (1) in every six (6) buildable lots in a division of land or one (1) in every six (6) units in a multiple unit development subject to this Bylaw which shall be established as Affordable Housing Units in any one or combination of methods provided below. Fractions of a lot or dwelling unit will not be rounded up to the next whole number. The Special Permit Granting Authority and the applicant can mutually
agree upon a number that exceeds the Basic Requirement number. For reference, the following schedule is provided for allocating Affordable Units:
Total Lots or Units Affordable Lots or Units Established
6 to 12 1
13 to 18 2
19 to 24 3
25 to 30 4
31 to 36 5
37 to 42 6
43 to 48 7
49 to 54 8 and so on
The Special Permit Granting Authority shall have the authority as part of the Special Permit provided in this Section to waive the dimensional, intensity and other applicable regulations of the Bylaw to implement the creation of the Affordable Units required herein.
Fractional Units. When the application of the percentages specified above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number if the fraction is 0.7 or more. If the result includes a fraction below 0.7, the Developer shall have the option of rounding up to the next whole number and providing the Affordable Unit on-site.
Blended Targeted Income Levels. The Developer may request that the project include Affordable Units that are targeted to a mix of income levels (Moderate and Low) instead of just to one income level. The final decision regarding the mix of targeted income levels shall be made by the Special Permit Granting Authority pursuant to Paragraph D.
Unit Mix. The unit mix (i.e. the number of bedrooms per unit) of the Affordable Units shall be in the same proportion as the unit mix of the market rate units. For example, if a project has 10 two-bedroom units and 20 one-bedroom units and is required to include 3 Affordable Units, then the Affordable Units must consist of 1 two-bedroom unit and 2 one-bedroom units. If only one Affordable Unit is required and the other units in the project have various numbers of bedrooms, the Developer may select the number of bedrooms for that unit. If Affordable Units cannot mathematically be exactly proportioned in accordance with the Market Rate Units, the unit mix shall be determined by the Special Permit Granting Authority pursuant to Paragraph D.
Location of Affordable Units. Except as provided in Paragraph C(5) Alternatives, all Affordable Units shall be built on the same site as the remainder of the project.
Replacement Units. If a proposed residential project would result in the demolition or elimination of existing dwelling units that have (or within the twelve months prior to submittal of the application had) rent levels affordable to Low-Income Households, and these dwelling units were built less than 30 years ago, and these dwelling units did have an affordable deed-restriction, the affordable dwelling units must be replaced on a one-for-one basis affordable to Low-Income Households under the provisions of this Section of the Bylaw. If the number of required Affordable Units is less than the number of low-income units being eliminated, then Developer shall include a number of Affordable Units affordable to Low Income Households in an amount equal to the number of low-income units being eliminated.
5. Alternatives.
The Developer may propose an alternative means of compliance with this Section of the Bylaw instead of provision of on-site Affordable Units. The Developer is required to submit the reasons by which the alternative to construction of affordable units on-site are being offered for consideration. The Town has a preference for construction of affordable units on site where feasible. If an alternative is proposed, information supporting the request is required at the time of the submittal of the Petition.
Off-Site Construction of Affordable Units. Affordable Units may be constructed off-site upon a determination by the Special Permit Granting Authority that on-site construction is infeasible, or that on-site construction is not in the best interests of the Town, or that off-site construction would be more advantageous, as demonstrated to the satisfaction of the Special Permit Granting Authority by the proponent. The proponent is required to provide a written summary with respect to the proposal’s consistency with the State’s Smart Growth guidelines and the Town of Plymouth’s Comprehensive Master Plan, and in making said determination, the SPGA will evaluate whether the proposal is consistent with said criteria. If this option is chosen, then the off-site Affordable Units must
be constructed prior to or concurrently with construction of the on-site project. The Affordable Unit size must meet the same requirements as if the Affordable Units were constructed on-site. No Certificate of Occupancy will be issued for any corresponding Market Rate Unit prior to Affordable Unit construction completion.
Land Dedication.
The Special Permit Granting Authority may, in its sole discretion, only upon a determination by the Special Permit Granting Authority that construction of the affordable units per Paragraph C(4) or Paragraph C(5)a is infeasible and/or is not in the best interest of the Town, determine that, in lieu of building Affordable Units, the Developer may offer to the Town of Plymouth land within the Town of Plymouth, and the Special Permit Granting Authority, in concert with the Board of Selectmen, may recommend to Town Meeting to accept, donations of land in fee simple, on or off-site, that the Special Permit Granting Authority determines is suitable for the construction of at least the number of Affordable Units otherwise required per Section C(4). The proponent is required to provide a written summary with respect to the
proposal’s consistency with the State’s Smart Growth guidelines and the Town of Plymouth’s Comprehensive Master Plan, and in making said determination, the SPGA will evaluate whether the proposal is consistent with said criteria. The Special Permit Granting Authority shall require, prior to accepting land as satisfaction of the requirements of this Bylaw, that the Developer shall submit two (2) appraisals of the land in question (future values may be taken into account in this appraisal), as well as other data relevant to the determination of equivalent value. The value of donated land shall be equal to or greater than 115% of the construction or set-aside of affordable units. The Developer must also supply certified information that the land to be donated will support the required number of dwelling units per current Plymouth Zoning Bylaws, Plymouth Board of Health Regulations and Plymouth Conservation Commission requirements as of the date of
transfer (i.e. that the land is buildable). The transfer of said land shall be at no cost to the Town, and shall include title insurance. Providing that Town Meeting accepts said land, the developer will not have to build the Affordable Units otherwise required under this Section of the Bylaw.
Fees in Lieu of Affordable Housing Units.
i. As an alternative to Section (C) (4a), and allowed by law, a Developer may contribute a fee to the Plymouth Affordable Housing Trust Fund or other 501 (C) (3) fund established for the purposes of creating affordable housing as designated by the Special Permit Granting Authority 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 off-site.
ii. Calculation of fees-in-lieu of units is subject to current pricing of affordable housing units and related land and construction costs.
iii. Payment of Fees – in – lieu of Affordable Housing Units shall be paid according to the following schedule; 25% of Calculated Fee to be paid by developer to the the Plymouth Affordable Housing Trust Fund or other 501 (C) (3) fund as designated by the Special Permit Granting Authority within ten (10) days from the date on which a copy of the special permit is filed with the Town Clerk, excluding the amount of time required for the appeal period to expire and the amount of time required to pursue and await the determination of any such appeal, then these Special Permits shall expire, except insofar as the foregoing statement is modified by Chapter 195 of the Acts of 1984.. The balance to be paid in~ three (3) equal payments; first payment due when 1/3 of the total units have been built, second payment due when 2/3 of the total units have been built, and final payment due when ninety percent of the units have been built. This payment schedule may be negotiated at the sole
discretion of the SPGA and may include incentives for earlier payments.
d. Credit for Additional Affordable Units.
If the Developer completes construction of a greater number of Affordable Units in the project than required by this Section of the Bylaw, the additional units may be credited toward meeting the requirements of this Section of the Bylaw by a future project. Upon completion of the additional Affordable Units, the Special Permit Granting Authority shall issue a Certificate of Affordable Unit Credit documenting the credits. The Developer may use the credits in a future project or transfer the credits in writing to another developer. Credits will only be counted toward required Affordable Units with the same bedroom count, the same tenure (rental or ownership), and equivalent affordability targets. The Credits must be used within ten (10) years of issuance. Projects which have obtained a Density Bonus or which
are government-subsidized shall not be eligible for credits.
6. Affordable Unit Standards
Design. Affordable Units must be dispersed throughout a Project and be comparable in construction quality and exterior design to the Market Rate Units. The Affordable Units must have access to all on-site amenities.
Timing. All Affordable Units must be constructed and occupied concurrently with or prior to the construction and occupancy of Market Rate Units or development. In phased developments, Affordable Units may be constructed and occupied in proportion to the number of units in each phase of the Project.
Terms of Affordability. Rental Affordable Units must remain affordable in perpetuity, as documented through an affordable housing agreement recorded against the property per Paragraph C(8). Ownership Affordable Units must remain affordable in perpetuity pursuant to an affordable housing agreement recorded against the property per Paragraph C(8).
7. Inclusionary Housing Agreement
Agreements Required. Applications for Projects shall be approved only concurrently with the approval of an Inclusionary Housing Agreement pursuant to this Section.
Approval. An Inclusionary Housing Agreement between the Developer and the Town of Plymouth in a form approved by the Special Permit Granting Authority shall be executed and recorded at the Plymouth County Registry of Deeds or Land Court Registry District of Plymouth County prior to issuance of a building permit. The Inclusionary Housing Agreement shall provide for the implementation of the requirements of this Section of the Zoning Bylaw. All Inclusionary Housing Agreements must include, at minimum, the following:
Description of the development, including whether the Affordable Units will be rented or owner-occupied;
The number, size and location of the Affordable Units, or any approved alternative;
Inclusionary incentives by the Town of Plymouth (if any);
Provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions that shall be recorded against the property;
Provisions for monitoring the ongoing affordability of the units, and the process for marketing units, and qualifying prospective residents household for income eligibility;
Deed Restriction acceptable to the Town of Plymouth.
8. Incentives.
In approving an Inclusionary Housing Agreement, the Special Permit Granting Authority may, in its sole discretion, include one or more of the following incentives:
Unit Size Reduction. The size of the Affordable Units may be smaller than the Market Rate Units as long as the units meet the requirements under Massachusetts General Law Chapter 40B, Sections 20-23, its regulations, or any amendments thereto, and consistent with all other provisions herein.
Interior Finishes. Affordable Units may have different interior finishes and features than Market Rate Units so long as the interior features are durable, of good quality and consistent with current State building code standards for new housing.
Exemption available for Affordable Units. Affordable Units created pursuant to this Section of the Bylaw shall be deemed exempt from the provisions of Section 205-11 7 (Building Permit Limitations) and Section 500-02205-68 (Residential Development Phasing).
Projects located within the Rural Residential District are eligible for the same dimensional standards for individual lots as would be allowable under the RDD Special Permit per Section 205-62 of the Bylaw, provided that the minimum open space natural features protection requirements are met, subject to the right of the Special Permit Granting Authority to waive the dimensional, intensity and other applicable regulations of the Bylaw to implement the creation of the Affordable Units required herein, as provided in Section C.(4)a. above.
Projects located within the R20MF, R20SL, R20MD and R25 Districts are eligible for the same dimensional standards for individual lots as would be allowable under Section 205-66 Village Open Space Development, provided that the minimum open space and natural features protection requirements are met, subject to the right of the Special Permit Granting Authority to waive the dimensional, intensity and other applicable regulations of the Zoning Bylaw to implement the creation of the Affordable Units required herein, as provided in Section C.(4)a. above.
Administration
For the purposes of this Section, the designated Special Permit Granting Authority shall be (a) the Planning Board in the case of special permits issued by the Planning Board in accordance with the provisions of the Bylaw and for residential subdivisions, or (b) the Zoning Board of Appeals in the case of special permits issued by the Zoning Board of Appeals in accordance with the provisions of the Bylaw. In reviewing an Inclusionary Zoning proposal, the Special Permit Granting Authority shall be governed by the special permit and environmental design procedures as specified in Section 205-9, and shall take advisory recommendations from the Town’s Affordable Housing CommitteeOffice of Community Development under consideration on all Projects regarding consistency with the Town’s Affordable Housing Plan. The Special
Permit Granting Authority may adopt regulations for carrying out its duties under this Bylaw.
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