[Added 5-4-2005 STM by Art. 1; amended 5-1-2006 ATM by Art.
21]
2201.1.
The purpose of this article is to increase the
supply of housing in the Town of Wayland that is available to and
affordable by low-income and moderate-income households who might
otherwise have difficulty in finding homes in Wayland, and to ensure
that such housing is affordable over the long term and provided in
accordance with the requirements of Massachusetts General Laws Chapter
40B and its implementing regulations, the Wayland Comprehensive Permit
Policy, the Wayland Master Plan, and other ongoing programs within
the Town of Wayland. In those cases where this article may conflict
or be inconsistent with other sections of the Town of Wayland's Zoning
Bylaws, except as otherwise expressly provided herein, the provisions
of this article shall be controlling.
2201.2.
It is intended that the affordable dwelling
units authorized under the provisions of this Bylaw be considered
as Local Initiative Program (LIP) dwelling units in compliance with
the requirements for the same established by the Commonwealth of Massachusetts
Department of Community Affairs, Department of Housing and Community
Development (DHCD), or its successor, or such additional programs
adopted by the Commonwealth or its agencies, and that said units shall
be included in the Town's Inventory of Subsidized Housing under Massachusetts
General Laws Chapter 40B, Sections 20 through 23, as amended.
2202.1.
The Planning Board shall be designated as the
special permit granting authority (SPGA) under this article.
2202.2.
The Planning Board shall adopt and maintain
a set of regulations that contains the necessary policies, definitions,
fee structures, procedures, and requirements to implement the provisions
of this article.
2203.1.
Multiple units. The construction of six or more dwelling units, whether on one or more contiguous parcels, shall require a special permit from the Planning Board, including the construction of six or more dwelling units in a Conservation Cluster Development District pursuant to a special permit issued by the Planning Board under Article 18 of the Town's Zoning Bylaws. Whenever a special permit is issued under this article for a development in a Conservation Cluster Development District, the Planning Board shall issue a single special permit pursuant to this article and said Article 18.
2203.2.
Developments shall not be segmented to avoid
compliance with this article. Segmentation shall mean one or more
divisions of land that cumulatively result in an increase by five
or more residential lots or dwelling units above the number existing
thirty-six months earlier on any parcel or on contiguous parcels of
land that were in common ownership on or after the effective date
of this article.
2204.1.
In any development subject to this article,
a minimum of 16.7% of the units in the development shall be affordable.
Nothing in this section shall preclude a developer or landowner from
creating more affordable housing units than the minimum required under
the provisions of this article.
2204.2.
If, when applying the percentage to the total
number of units to determine the number of affordable units, the number
of affordable dwelling units results in a fraction, said number shall
be rounded to the nearest whole number.
2205.1.
Single-family dwellings;
2205.2.
Single-family dwellings with accessory apartments;
2205.3.
Multifamily dwellings which are designed to
be consistent in character with the single-family dwellings in the
same development. Such multifamily dwellings may be allowed provided:
2205.4.
Accessory uses and structures incidental to
principal uses indicated above and approved by the Planning Board.
2206.1.
Affordable rental or ownership units developed
under this article shall serve low-income households. A low-income
household is defined as having a total household or family income
of not more than 80 percent of the median income for the Boston Standard
Metropolitan Statistical Areas, as set forth in regulations promulgated
from time to time by the U.S. Department of Housing and Urban Development,
or by a similar federal agency created to replace it, as adopted by
DHCD or its successor.
2207.1.
Duration of affordability: Affordable dwelling
units shall be subject to restrictions that shall preserve their affordability,
in perpetuity, to the extent legally possible, but in no case less
than 50 years.
2207.2.
Maximum rental price: Rents for affordable units,
excluding utilities (gas, heat, water, electricity, etc.) shall not
exceed 30 percent of the targeted annual gross household income, as
determined by DHCD. Specific prices shall be determined by the state
or federal funding source, if applicable, and are subject to approval
by the Wayland Housing Partnership or its successor authority or agency.
2207.3.
Maximum sales price: Housing costs, including
monthly housing payments, principal and interest payments, real estate
taxes, and insurance, shall not exceed 30 percent of the targeted
gross household income. Specific prices shall be determined by the
state or federal funding source, if applicable, and are subject to
approval by the Wayland Housing Partnership or its successor authority
or agency.
2207.4.
Resale prices: Subsequent resale prices shall
be determined based on a percentage of the median income for the Boston
Standard Metropolitan Statistical Area at the time of resale as determined
by the U.S. Department of Housing and Urban Development and adopted
by DHCD. The formula for the resale price shall be defined in the
Planning Board's rules and regulations for the implementation of this
article and shall be established in order to assure that the target
income group's ability to purchase will be commensurate with the unit's
market appreciation and to provide a reasonable return on equity to
the seller.
2207.5.
Marketing plan: The affordable dwelling units
must be rented or sold using marketing and selection guidelines approved
by the Wayland Housing Partnership, or its successor authority or
agency, and in accordance with DHCD guidelines.
2207.6.
Preference for Wayland-related residents and
Town Employees: Not fewer than 70 percent of the affordable dwelling
units shall be initially offered to Wayland-related residents and
employees of the Town of Wayland, unless prohibited by a federal or
state agency under a financing or other subsidy program.
2207.7.
Right of first refusal to purchase: The purchaser
of an affordable dwelling unit developed pursuant to this article
shall agree to execute a deed rider prepared by the Town, consistent
with affordable housing deed riders promulgated by DHDC granting,
among other things, the Town a right of first refusal to purchase
the property in the event that a subsequent qualified purchaser cannot
be located.
2208.1.
Location of affordable dwelling units: Affordable dwelling units shall be provided on-site unless the Planning Board allows an alternative method of compliance. (See § 198-2209, below.) Location of affordable dwelling units shall be approved by the Planning Board.
2208.2.
Comparability: Affordable dwelling units shall
be externally indistinguishable from market-rate units in the same
development, to the extent possible. Affordable dwelling units should
be comparable to market-rate units in terms of location, quality,
and character.
2208.3.
Unit size: It is preferable that affordable
dwelling units contain at least two bedrooms.
2208.4.
Rights and privileges: The owners or renters
of affordable dwelling units shall have all rights, privileges, and
responsibilities accorded to market-rate owners or renters, including
access to all nonfee amenities within the development.
2209.1.
In exceptional circumstances, the Planning Board
may consider an alternative method of compliance. In granting such
exception, the Planning Board must find that the developer or landowner
has demonstrated that building the required affordable dwelling units
on site would create a significant hardship or that such alternate
method of compliance is in the best interests of the Town. A significant
hardship shall be defined as being of such significance that the property
cannot physically accommodate the required affordable dwelling units
and/or related requirements, such as height, setbacks, or parking.
Hardship shall not be considered due to financial or marketing considerations.
The burden of proof shall be on the developer or landowner, who must
make full disclosure to the Planning Board of all relevant information.
2209.2.
Except as set forth below, affordable dwelling
units provided through an alternate method shall comply in all other
respects with the requirements of this article. The Planning Board
may consider the following alternative methods of compliance or combination
of methods, in order of preference by the Town:
2209.2.1.
Construction on a site different than the one
subject to the special permit that is suitable for residential development
within the Town of Wayland, (2) adds to the Town's stock of affordable
housing, and (3) is comparable in quantity, quality, size, and type.
Affordable off-site dwelling units may be located within an existing
structure.
2209.2.2.
An applicant may offer, and the Town, with the
approval of the Planning Board and the Select Board, may accept donations
of land in fee simple, on or off site that the Planning Board determines
are suitable for the construction of an equivalent number of affordable
dwelling units. The Planning Board may require, prior to acceptance
of land by the Town, satisfaction of the requirements of this article,
that the applicant submit appraisals of the land in question, as well
as other data relevant to the determination of its value.
2209.2.3.
Developers and landowners may make a monetary
payment to the Town to be used only for the purposes of providing
housing affordable to low-income households, as defined by this article.
2209.2.3.1.
For ownership developments,
the financial contribution for each affordable unit shall be equal
to the then-current cost of construction of an affordable dwelling
unit as further defined in the Planning Board rules and regulations
for this article. In order to include the value of the land, the financial
contribution for each affordable dwelling unit shall also include
an amount equal to the current year's assessed value of the land divided
by the total number of units proposed, multiplied by the total number
of affordable units.
2209.2.3.2.
For rental units, the financial
contribution for each affordable unit shall be equal to the difference
between the average market rental price for market-rate units in the
subject development or the median market rate rent for the Boston
Standard Metropolitan Statistical Area, whichever is greater, and
the rent affordable to a four-person low-income household as defined
by this article, calculated over a term of 10 years, as further defined
by the Planning Board rules and regulations for this article. The
financial contribution for each affordable dwelling unit shall also
include an amount equal to the current year's assessed value of the
land divided by the total number of units proposed, multiplied by
the total number of affordable dwelling units or an amount sufficient
to purchase an affordable housing deed restriction on a comparable
rental property, whichever is greater.
2209.2.3.3.
For fractional affordable dwelling units, the applicant shall round up to the next whole number of units or choose to pay equivalent fees in lieu of units (See § 198-2204 above.) proportionate to the percentage of the unit required.
2209.2.3.4.
Preservation of existing
dwelling units as affordable dwelling units through the purchase of
deed restrictions.
2209.2.4.
Prior to the issuance of a final certificate
of occupancy for any portion of the project, the contribution shall
be payable in full, or a written agreement approved by the Planning
Board and the Wayland Housing Partnership, or successor authority
or agency, must be recorded and filed with the Town Treasurer.
2210.1.
Legal restrictions: Affordable dwelling units
shall be rented or sold subject to deed restrictions, restrictive
covenants, contractual agreements, and/or other mechanisms restricting
the use and occupancy, rent levels, and sales prices of such units
to assure their affordability. All restrictive instruments shall be
subject to review and approval by the Wayland Housing Partnership,
or successor authority or agency, the Planning Board and Town Counsel
and shall be recorded with the Middlesex South Registry of Deeds prior
to the commencement of construction. All condominium documents and
fees shall be subject to review and approval by the Wayland Housing
Partnership and Town Counsel.
2210.2.
Timing of commitments: All contractual agreements
with the Town and other documents necessary to ensure compliance with
this Bylaw shall be executed prior to and as a condition of the issuance
of any approval required to commence construction.
2210.3.
Timing of construction: As a condition of the
issuance of a special permit under this article, the Wayland Housing
Partnership, or successor authority or agency, may set a time schedule
for the construction of both affordable and market-rate units. No
certificate of occupancy shall be issued for any market-rate units
in a development subject to the requirements of this article until
25 percent of the affordable dwelling units required to be constructed
have been issued a certificate of occupancy. No certificate of occupancy
shall be issued to more than 75 percent of the market-rate units until
100 percent of the affordable dwelling units required to be constructed
have obtained a certificate of occupancy.
2211.1.
If any provision of this article is held invalid
by a court of competent jurisdiction, the remainder of this article
shall not be affected thereby. The invalidity of any section or sections
or parts of any section or sections of this bylaw shall not affect
the validity of the remainder of the Town's Zoning Bylaws.
