[Added 11-15-2006 STM by Art. 17]
[Amended 5-5-2011 ATM by Art. 18]
The purpose of this bylaw is to encourage development of new
housing that is affordable to low- and moderate-income households.
At minimum, affordable housing produced through this regulation should
be in compliance with the requirements set forth in MGL c. 40B, §§ 20
to 23 and other affordable housing programs developed by state, county
and local government. It is intended that the affordable housing units
that result from this bylaw be considered as local initiative units,
in compliance with the requirements for the same as specified by the
Department of Housing and Community Development (DHCD). The definition
of "affordable housing unit" can be found in § 25.2.
Affordable housing integrated in housing developments provides
many benefits to Hadley, including:
25.1.1.
To expand housing opportunities.
25.1.2.
To allow our sons and daughters to remain in Hadley.
25.1.3.
To fulfill our social contract to those in need.
25.1.4.
To provide economic diversity in our community.
25.1.5.
To ensure housing that is necessary to retain and attract industrial,
service, and commercial jobs.
25.1.6.
To gain and retain full local control of new affordable housing
projects.
25.1.7.
To mitigate the financial costs and loss of local control that
incur if the community must pay for new affordable housing to prevent
its ratio of affordable housing from dropping.
25.1.8.
To prevent market-rate and high-end-only housing projects that
effectively increase the cost of housing in Hadley and make the community
more economically homogenous.
[Amended 5-3-2018 ATM
by Art. 21; 5-22-2021 ATM by Art.
3]
Affordability Deed Restriction - A deed
rider, covenant, mortgage, easement, condominium document and/or other
similar document that ensures that affordable housing remains on the
land for at least 99 years (affordable senior units shall, by deed
restriction, remain affordable in perpetuity) and is binding and enforceable
against any person with an interest in the property meeting the following
standards:
25.2.1.
Is in a form acceptable to:
25.2.2.
Includes provisions for adequate legal monitoring, including:
25.2.2.1.
An identified nonprofit housing or government monitoring agency;
and
25.2.2.2.
A fallback nonprofit housing or government monitoring agency
(which shall succeed the monitoring agency if the monitoring agency
no longer exists). The Town of Hadley may be used as the fallback
monitoring agency if the Town is granted the right to assign its responsibilities
to another agency at its sole discretion.
25.2.3.
Includes a grant of the right of first refusal, at an affordable
housing price, to the monitoring agency and the fallback agency, if
an income-eligible family cannot be found by the seller.
25.2.4.
Includes provisions that the restriction can survive any bankruptcy,
insolvency, or foreclosure, other than property tax or government
super-lien foreclosure, and shall not otherwise be subject to nullification
for any reason.
|
The model deed rider used by the Massachusetts Department of
Housing and Community Development may be used for this purpose, provided
it is altered to meet all the restrictions of this section.
|
|
Also see § 1.2.
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In all zoning districts, the inclusionary zoning provisions
of this section shall apply to the following uses:
25.3.1.
Any project that results in a net increase of seven or more
dwelling units, whether by new construction or by the alteration,
expansion, reconstruction, or change of existing residential or nonresidential
space;
25.3.2.
Any subdivision of land for development of seven or more dwelling
units; and
25.3.3.
Any elderly persons and/or handicapped persons housing development
that includes seven or more dwelling units and accompanying services
and any projects developed under Section XXVII, Senior Housing Overlay
District.
[Amended 5-3-2018 ATM
by Art. 21]
As a condition of approval for a subdivision or special permit,
the applicant shall contribute to the local stock of affordable units
in accordance with the following requirements. At least 15% of the
units in a division of land or multiple-unit development subject to
this bylaw shall be established as affordable housing units in any
one or combination of methods provided for below:
25.4.1.
Constructed or rehabilitated on the locus subject to subdivision
or special permit approval (see § 25.5); or
25.4.2.
Constructed or rehabilitated on a locus different than the one
subject to subdivision or special permit approval (see § 25.6).
This section shall not apply to projects developed under Section XXVII.
Senior Housing Overlay District.
[Amended 5-3-2018 ATM by Art.
21[1]]
[1]
Editor's Note: This article also repealed former §§ 25.4.3
and 25.4.4, which immediately followed.
25.5.1.
Siting of affordable units. All affordable units constructed
or rehabilitated under this bylaw shall be situated within the development
so as not to be in less desirable locations than market-rate units
in the development and shall, on average, be no less accessible to
public amenities, such as open space, as the market-rate units.
25.5.2.
Minimum design and construction standards for affordable units.
Affordable housing units shall be integrated with the rest of the
development and shall be compatible in design, appearance, construction,
and quality of materials with other units. Interior features and mechanical
systems of affordable units shall conform to the same specifications
as apply to market-rate units.
25.5.3.
Timing of construction or provision of affordable units or lots.
Where feasible, affordable housing units shall be provided coincident
to the development of market-rate units, but in no event shall the
development of affordable units be delayed beyond the schedule noted
below:
|
Market-Rate Unit
(% Complete)
|
Affordable Housing Unit
(% Required)
| |
|---|---|---|
|
Less than 30%
| ||
|
30% plus 1 unit
|
10%
| |
|
Up to 50%
|
30%
| |
|
Up to 75%
|
50%
| |
|
75% plus 1 unit
|
70%
| |
|
Up to 90%
|
100%
|
25.5.4.
Marketing plan for affordable units. Applicants under this bylaw
shall submit a marketing plan or other method approved by the Town
through its local Comprehensive Plan or Community Development Plan
to the Planning Board for its approval which describes how the affordable
units will be marketed to potential home buyers or tenants. This plan
shall include a description of the lottery or other process to be
used for selecting buyers or tenants. The plan shall be in conformance
with DHCD rules and regulations and shall be subject to review and
approval by DHCD. The property owner shall be responsible for retaining
the services of a qualified entity (in compliance with the Massachusetts
Department of Housing and Community Development's most recent Affirmative
Fair Housing Marketing and Resident Selection Plan Guidelines), subject
to the Planning Board's approval, to seek buyers and/or renters for
the affordable units and shall submit an annual report to the Planning
Board detailing compliance with the affordable housing provisions
of the housing development approval. Said approved qualified entity
shall be responsible for monitoring the long-term affordability of
the units and shall report any deviations from these provisions to
the Building Inspector and the Planning Board.
[Amended 5-3-2018 ATM
by Art. 21]
[Amended 5-3-2018 by
Art. 21]
As an alternative to the requirements of § 25.5, an
applicant subject to this bylaw may develop, construct or otherwise
provide affordable units equivalent to those required by § 25.5
off site. All requirements of this bylaw that apply to on-site provision
of affordable units shall apply to the provision of off-site affordable
units. In addition, the location of the off-site units to be provided
shall be approved by the Planning Board as an integral element of
the review and approval process. This section shall not apply to projects
developed under Section XXVII, Senior Housing Overlay District.
[Added 5-22-2021 ATM
by Art. 4]
As an alternative to the requirements of § 25.5 or
§ 25.6, and to the extent permitted by law, an applicant
may contribute to the Hadley Affordable Housing Trust Fund to be used
for the development of affordable housing in lieu of constructing
and offering affordable units within the locus of the proposed development
or at an off-site locus.
25.7.1.
Calculation of fee-in-lieu-of units. The applicant for development
subject to this bylaw may pay fees-in-lieu of the construction of
affordable units. For the purposes of this bylaw the fee-in-lieu of
the construction or provision of affordable units will be determined
as a per-unit cost as calculated from regional construction and sales
reports, and pro-rata site purchase and development. The Planning
Board shall make the final determination of acceptable value, in accordance
with regulations it may from time to time adopt and amend.
25.7.2.
Schedule of fees-in-lieu-of-units payments. Fees-in-lieu-of-units
payments shall be made according to the schedule set forth in § 25.5.3.
25.7.3.
Creation of Affordable Units. Cash contributions and donations of
land and/or buildings made to the Hadley Affordable Housing Trust
Fund in accordance with § 25.7 shall be used according to
the rules and regulations of said Trust.
[1]
Editor’s Note: Former § 25.7, Fees in lieu of affordable
housing unit provision, was repealed 5-3-2018 ATM by Art. 21.
[Amended 5-5-2011 ATM by Art. 18; 5-3-2018 by Art. 21]
Each affordable unit created in accordance with this bylaw shall
have limitations governing its resale. The purpose of these limitations
is to preserve the long-term affordability of the unit and to ensure
its continued availability for affordable income households. The resale
controls shall be established through a restriction on the property
and shall be in force in perpetuity.
25.8.1.
Resale price. Sales beyond the initial sale to a qualified affordable
income purchaser shall include the initial discount rate between the
sale price and the unit's appraised value at the time of resale. This
percentage shall be recorded as part of the restriction on the property
noted above.
25.8.2.
Right of first refusal to purchase. The purchaser of an affordable
housing unit developed as a result of this bylaw shall agree to execute
a deed rider prepared by the Town, consistent with model riders prepared
by the Department of Housing and Community Development, granting,
among other things, the municipality's right of first refusal to purchase
the property in the event that a subsequent qualified purchaser cannot
be located.
25.8.3.
The Planning Board shall require, as a condition for approval
under this bylaw, that the applicant comply with the mandatory set-asides
and accompanying restrictions on affordability, including the execution
of the deed rider noted above. The Building Inspector shall not issue
a certificate of occupancy for any affordable unit until the deed
restriction is recorded.
25.8.4.
If the affordable senior units are part of a condominium, the
condominium documents shall, at a minimum, ensure that the owners
of the affordable senior units will not be required to pay for capital
improvements they cannot afford and that they will have fair and sufficient
voting rights.
The provisions of this bylaw shall be considered supplemental
of existing Zoning Bylaw. To the extent that a conflict exists between
this bylaw and others, the more restrictive bylaw, or provisions therein,
shall apply.
The Planning Board may adopt regulations for the orderly administration
for this bylaw.
If any provision of this bylaw is held invalid by a court of
competent jurisdiction, the remainder of the bylaw 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 Bylaw.
