[Added 8-9-2023]
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.
14.2.1 
General. Each inclusionary dwelling unit shall be subject to an affordable housing restriction, as defined in MGL c. 184 §§ 31 through 32, which:
1. 
Is enforceable in perpetuity;
2. 
Restricts occupancy to income eligible households;
3. 
Requires that residents occupy the units as their principal residence;
4. 
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;
5. 
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;
6. 
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
7. 
Is otherwise consistent with the EOHLC Universal Deed Rider and Guidelines, as may be amended from time to time.
14.2.2 
Designation.
1. 
In developments under § 135-6.9, at least the inclusionary GFA defined in § 135-6.9.8.1.a shall be incorporated into inclusionary dwelling units.
2. 
In developments under § 135-6.12, at least the GFA required by § 135-6.12.6.1.a shall be incorporated into inclusionary dwelling units.
3. 
In developments under § 135-7.5, all inclusionary dwelling units required by § 135-7.5.12.1 shall be supplied.
14.2.3 
Subsidized Housing Inventory.
1. 
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.
a. 
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.
b. 
In developments under § 135-6.12, at least 10% of the dwelling units in the development must be eligible.
c. 
In developments under § 135-7.5, all inclusionary dwelling units must be eligible.
2. 
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.
14.2.4 
Household Income, Price, and Rent.
1. 
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.
2. 
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.
3. 
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.
14.2.5 
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.
14.3.1 
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.
14.3.2 
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.
14.3.3 
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.
14.3.4 
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.
14.4.1 
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.
[Amended 9-27-2023]
14.4.2 
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.