These regulations are adopted under the authority of §§ 135-6.9.8.5,
135-6.12.6.1.e, and 135-7.5.12.5 of the Zoning Bylaw. Unless otherwise
specified, they apply to all inclusionary dwelling units in developments
under the Zoning Bylaw.
Provides for effective administration, monitoring, and enforcement
of the restriction by the Town, or a third-party monitor approved
by the Town as monitoring agent;
Contains terms and conditions for the resale of a homeownership unit,
including a definition of the maximum permissible resale price, and
for the subsequent rental of a rental unit, including a definition
of the maximum permissible rent;
Subjects the unit to an affirmative fair housing marketing and resident
selection plan approved by the Town and the Executive Office of Housing
and Livable Communities (EOHLC); and
The Zoning Bylaw requires that certain inclusionary dwelling units
be eligible for inclusion on EOHLC's Subsidized Housing Inventory
through the Local Initiative Program (LIP) as local action units.
In developments under § 135-6.9, at least two-thirds of
the inclusionary GFA as defined in 135-6.9.8.1.a must be incorporated
into eligible dwelling units.
The applicant should submit the entire LIP package, including the
regulatory agreement for the inclusionary dwelling units, to the EOHLC
prior to applying for building permits for projects that have inclusionary
dwelling units eligible for the Subsidized Housing Inventory.
Each inclusionary dwelling unit shall be assigned a maximum household
income for its occupants, expressed as a percentage of the area median
income (AMI) as annually determined by the U.S. Department of Housing
and Urban Development.
The maximum household income shall be 80% of the AMI for inclusionary
dwelling units eligible for the Subsidized Housing Inventory and 150%
of the AMI for all other inclusionary dwelling units.
The maximum sale price or rent of an inclusionary dwelling unit shall
be calculated to be affordable to a household with an income less
than the maximum household income by 10% of the AMI.
Certificate of Occupancy. Proof of execution of the housing restriction,
approval by EOHLC, and eligibility for inclusion on the Subsidized
Housing Inventory (where applicable) of any inclusionary dwelling
units shall be submitted to the Planning Department prior to the first
certificate of occupancy for any dwelling unit.
Location. Inclusionary dwelling units shall be dispersed throughout
the development and distributed proportionally among unit sizes and
types and across each phase of development if construction and occupancy
is phased.
Construction. Inclusionary dwelling unit features including, but
not limited to, finishes, appliances, storage areas, parking, and
outdoor amenity spaces must be comparable to those provided in the
development's market-rate units, but need not be identical, provided
that they are durable, of good quality, and consistent with contemporary
standards for new housing.
Services. Occupants of inclusionary dwelling units shall have the
same access to common areas, facilities, and services as enjoyed by
other occupants of the development, including, but not limited to,
outdoor spaces, amenity spaces, storage, parking, bicycle parking
facilities, and resident services.
Review. Interior floor plans, HOA agreements, and condominium documents
shall be reviewed by staff to verify consistency between inclusionary
dwelling units and market-rate units prior to issuance of building
permits.
Amount. Where permitted by § 135-6.9.8.6, the payment to
the Affordable Housing Trust shall be in the amount of $325 for each
square foot of GFA required by § 135-6.9.8.1.a. The Board
will review the amount on an annual basis and may make any necessary
adjustments to the amount.
Timing. Any payment to the Affordable Housing Trust as an in-lieu
contribution shall be made as follows: at least 50% of the total owed
prior to the issuance of the first building permit; and the remaining
total owed prior to the issuance of an occupancy permit for the first
dwelling unit.