[Added 5-16-2005 ATM by Art. 12; amended in its entirety 10-24-2016 ATM by Art. 15]
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.
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.
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.
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.
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).
A low- or moderate-income household that purchases or rents
and occupies an affordable housing unit as its principal residence.
[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.
A.
Consultation with Affordable Housing Trust. Applicants are encouraged
to consult with the Affordable Housing Trust early in the development
process concerning the Town's affordable housing needs and the optimum
manner in which the Town's needs and the developer's affordable housing
requirements can be met by the proposed development consistently with
any affordable housing planned production plan then in effect in the
Town. The Affordable Housing Trust may consult with and give advice
to the Planning Board or the Zoning Board of Appeals during the development
process and, as a part of the process, may submit written reports
to the board reviewing any proposed development subject to the bylaw.
B.
Comparability. Unless otherwise approved by the Planning Board or
the Zoning Board of Appeals, as applicable, all on-site affordable
housing units shall be dispersed throughout the site and shall be
indistinguishable from market-rate units except in interior finish,
fixtures and appliances. For both on-site and off-site units that
are a part of any development proposal, the number of bedrooms in
affordable housing units shall be comparable to the bedroom mix in
market-rate units in the development.
C.
Selection process. The selection of qualified purchasers or qualified
renters shall be carried out under an affirmative fair-housing marketing
plan submitted by the applicant and approved by the Planning Board
or Zoning Board of Appeals, following consultation with the Affordable
Housing Trust. The marketing plan shall comply with the Department
of Housing and Community Development (DHCD) Local Initiative Program
(LIP) guidelines in effect on the date of the application for a special
permit or other approval from the Planning Board or Zoning Board of
Appeals.
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.
A.
Approval. The inclusionary housing payment may be met if the developer
makes a binding, written agreement with the Town of Salisbury (with
appropriate payment security) to make affordable housing contribution
payments to the Affordable Housing Trust Fund in lieu of building
affordable housing units that is approved by:
[Amended 10-22-2018 ATM
by Art. 21]
(1)
The Planning Board in the case of any mixed-use multifamily development,
any multifamily development, any residential development requiring
a special permit, or any conventional subdivision; or
(2)
The Zoning Board of Appeals in the case of any residential developments
requiring a finding, special permit or variance or any mixed-use development
requiring a funding, special permit or variance.
B.
Amount. Except as provided in Subsection C below for the Salisbury Beach Overlay District, the housing contribution payment for each market-rate housing unit in the development shall be equal to $10,000 for all housing units with a sales price of $300,000 or less and shall be equal to 3.5% of the selling price of all market-rate housing units with a sales price higher than $300,000, provided that the housing contribution for any market-rate housing unit shall not exceed the maximum contribution. The maximum per-unit housing contribution payment amount as established by the Planning Board shall be adjusted annually by the Planning Board as set forth herein. For any development that includes rental housing units, but does not include on-site affordable units or off-site affordable units, the housing contribution payment shall be equal to $20,000 for each rental housing unit in the development.
[Amended 5-16-2022 ATM by Art. 12]
C.
Exception. Developments in the Salisbury Beach Overlay District shall
be required to make a housing contribution payment of 1% of the selling
price of each market-rate unit in the development or, in the case
of developments that include rental housing units, the housing contribution
payment shall be $5,000 for each rental unit.
D.
Adjustment. The Planning Board shall adjust the maximum housing contribution
payment annually, effective March 1 of each year. The annual adjustment
shall be equal to the percentage change in the median sale price of
single-family homes in the Town of Salisbury during the previous calendar
year, as reported by the Warren Group (or another independent reporting
agency selected by the Planning Board if the Warren Group no longer
reports such information), and rounded to the nearest tenth of a percent.
For example, if the median sales price of single-family homes was
$275,000 for the previous calendar year and was $250,000 for the calendar
year before that, the Planning Board would adjust the maximum housing
contribution payment by +10%. The adjusted maximum payment amount
shall apply to all housing contribution payments made on or after
March 1 of any year until the last day of February of the next year.
E.
Method of payment. The following methods of payment may be used at
the option of the applicant:
(1)
The total amount due shall be paid upon the release of any lots or,
in the case of a development other than a subdivision, upon the issuance
of the first building permit; or
(2)
The total amount due shall be divided by the total number of market-rate
units in the development. The resulting quotient shall be payable
at, or prior to, the closing of each market-rate unit; or
(3)
A combination of the above methods if approved by the Planning Board
or, where applicable, the Zoning Board of Appeals.
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.
A.
Building permit conditions. All agreements with the Town of Salisbury and other documents necessary to ensure compliance with this Article XIII shall be executed and delivered to the Department of Planning and Development prior to and as a condition of the issuance of any approval required to commence construction. The Building Inspector shall not issue a building permit with respect to any project or development subject to this article unless and until the Department of Planning and Development has verified, in writing, to the Building Inspector that all conditions of this Article XIII, including any conditions that may be established by the Planning Board or Zoning Board of Appeals in any decision or approval, have been met.
B.
Occupancy conditions. No certificate of occupancy shall be issued
for any market-rate units in a development subject to this article
until all deed restrictions, agreements with the Town of Salisbury
and/or other documents necessary to ensure compliance by the applicant
(and any purchasers of the affordable housing units) with the requirements
of this bylaw have been executed and recorded and any required housing
contribution payments with respect to the unit have been made. Occupancy
permits for any market-rate housing units shall be issued at an equal
ratio to the occupancy permits for required affordable housing units
for the entire project.
C.
Timing of construction: Where feasible, affordable housing units
shall be provided coincident with the development of market-rate units,
but in no event shall the development of affordable on-site or off-site
housing units or payment of fees in lieu of units be delayed beyond
the following schedule. Fractions of units shall not be counted.
|
Market-Rate Unit %
|
Affordable Housing Unit %
|
|---|---|
|
Up to 30%
|
None required
|
|
30% to 50%
|
At least 10%
|
|
Over 50% to 75%
|
At least 40%
|
|
Over 75% to 89%
|
At least 70%
|
|
At 90%
|
100%
|
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.
