The purposes of this bylaw are:
A. To increase the supply of housing in the Town of Salisbury that is
permanently available to and affordable by low- and moderate-income
households;
B. To encourage greater diversity of housing accommodations to meet
the needs of Salisbury residents and certain local employees; and
C. To develop and maintain a satisfactory proportion of the Town's housing
stock as affordable housing units.
AFFORDABLE HOUSING
A dwelling unit that is affordable to and occupied by a low-
or moderate-income household and meets the requirements for inclusion
on the Massachusetts Department of Housing and Community Development
(DHCD) Chapter 40B, Subsidized Housing Inventory. Affordable units
shall remain as affordable units in perpetuity or for the maximum
period allowed by law. Such units shall have the same construction
methods and exterior physical characteristics as, and be intermingled
with, other units in the development.
AFFORDABLE HOUSING RESTRICTION
A contract, mortgage agreement, deed restriction or other
legal instrument, acceptable in form and substance to the Town, that
effectively restricts occupancy of an affordable housing unit to a
qualified purchaser or renter, and which provides for administration,
monitoring, and enforcement of the restriction during the term of
affordability. An affordable housing restriction shall run with the
land in perpetuity, or for the maximum period allowed by law, and
be entered into and enforceable under the provisions of MGL c. 184, §§ 31-33
or other equivalent state law.
AFFORDABLE HOUSING TRUST FUND ("FUND")
An account established and operated by the Town for the exclusive
purpose of creating, preserving, or rehabilitating affordable housing
units in the Town of Salisbury.
LOW OR MODERATE INCOME
Household income that does not exceed 80% of the area median
family income, adjusted for household size, for the metropolitan or
nonmetropolitan area that includes the Town of Salisbury as determined
by the United States Department of Housing and Urban Development (HUD).
[Amended 10-22-2018 ATM
by Art. 21]
A. The requirements of this Article
XIII shall apply to:
(1) Any residential development or mixed-use development in a single
structure or multiple structures resulting in a net increase of three
or more dwelling units on any parcel or contiguous parcels comprising
a proposed development site.
(2) A finding, special permit, or variance from the Zoning Board of Appeals
and/or Planning Board that results in a net increase of three or more
dwelling units, whether by new construction or by the alteration,
expansion, reconstruction, or change of existing residential or nonresidential
structure(s) or space, whether on one or more contiguous parcels comprising
a proposed development site.
(3) Any division of land, including but not limited to divisions as a
result of MGL c. 41, §§ 81K to 81GG (Subdivision Control
Law) and/or MGL c. 41, § 81P (approval not required), for
residential development or mixed-use development that results in a
net increase on any parcel or contiguous parcels comprising a proposed
development site.
B. Development shall be defined as any effort to improve land on a single parcel, or on one or more contiguous parcels, creating housing in which the parcels are under common ownership or common control, as determined by the Building Inspector. Development shall not be segmented to avoid compliance with this section. Segmentation shall mean one or more divisions of land that cumulatively result in a net increase of three or more lots or dwelling units above the number existing five years prior to an application to develop any parcel or set of contiguous parcels held in common ownership or under common control on or after the effective date of this Article
XIII.
C. Motel or cabin units shall not be considered as dwelling units under
this bylaw. If requested by the Planning Board or the Zoning Board
of Appeals, based on advice from the Assessor, the Building Inspector
shall determine, in writing, the number of pre-existing, legal dwelling
units on a development site.
In any development subject to this Article
XIII, at least 10% of the dwelling units shall be affordable housing. Fractions shall be rounded up to the next whole number.
For any development that is subject to this Article
XIII, the following shall apply:
A. On-site units. Construction of affordable units on the site of the
project is the preferred approach to creating affordable housing and
shall be required for any development that includes 20 or more dwelling
units. However, on-site affordable units shall not be required in
any development in the Salisbury Beach Overlay District or any development
that includes 19 or fewer dwelling units.
B. The Planning Board or Zoning Board of Appeals, as applicable, may approve one or both of the following methods, alone or in combination. In no event shall the total number of units provided through such methods be less than the number of affordable housing units required under §
300-76.
(1) A housing contribution payment to the Affordable Housing Trust, determined in accordance with §
300-79, for any development with at least three but not more than 19 dwelling units.
(2) "Off-site units," or comparable affordable units on another site
in Salisbury. Off-site units need not be located in the same district
as the development. The approved location of the off-site affordable
housing units shall be identified in the applicable board's decision.
Preservation of existing dwelling units for affordable housing may
be accomplished by purchasing deed restrictions and providing funds
for capital improvements to create housing with equal or greater value
as new-construction units.
The Planning Board shall adopt rules and regulations to administer this Article
XIII, following consultation with the Affordable Housing Trust. Such rules and regulations shall not be inconsistent with the Department of Housing and Community Development's (DHCD) regulations and guidelines under MGL c. 40B.
The Planning Board or Zoning Board of Appeals, as applicable, may grant a special permit to adjust the requirements of this Article
XIII, as follows:
A. To award a density bonus for a development that includes more than the minimum number of affordable units required under §
300-76, if the affordable units are provided on site. For each additional affordable unit over and above the minimum, the board may approve three additional market-rate units, up to a maximum density bonus of 75%. Example: for a development of 12 housing units, compliance with this Article
XIII would require two affordable units. The applicant who agrees to provide two more affordable units on site may request an additional six market-rate units three per additional affordable unit), bringing the total development to 20 units.