[Added 9-25-1991 by Ord. No. 27223; amended 9-25-1991 by Ord. No.
27224; 12-26-2000 by Ord. No. 29160]
[Amended 12-22-2008 by Ord. No. 31008; 5-28-2019 by Ord. No. 34473]
9.11.
Purpose: to assist in the development and maintenance of affordable
housing in the City of Waltham.
9.12.
Applicability. Compliance with affordable housing criteria shall
be required for every proposed multifamily dwelling development which
will contain eight or more dwelling units and which is subject to
a special permit for increased intensity of use. All proposed developments
that have fewer than eight dwelling units shall be exempt from affordable
housing requirements. Any application for a building permit for a
development that meets these requirements shall require a sign-off
by the Director of the Housing Department of the City of Waltham or,
in the absence of the Director, the Assistant Director of the Housing
Department before such building permit is issued. Phased developments
which will have eight or more dwelling units, regardless of the number
of dwelling units per phase, when complying with the requirements
of Section 9.1 may prorate said requirements to the number of units
built per phase, and provided, further, that abutting developments
owned by the same individual or firm or a subsidiary firm that are
placed on subdivided lots, which subdivision has been recorded subsequent
to the effective date of the adoption of this article and in such
a way that the resulting number of units is fewer than eight units
per lot shall, for the purpose of affordable housing requirements,
be considered as one project.
9.13.
Determination of affordable housing requirements. An applicant seeking
a special permit from the City Council to build or rehabilitate a
development which is subject to the affordable housing requirements
of Section 9.1 shall meet with the City of Waltham Municipal Affordable
Housing Trust Fund prior to the special permit public hearing. Within
14 days of said public hearing or within such further time as the
City Council may allow, upon the request of the City of Waltham Municipal
Affordable Housing Trust Fund, said City of Waltham Municipal Affordable
Housing Trust Fund shall make recommendations to the City Council
regarding the method of meeting affordable housing requirements consistent
with Section 9.1 of this chapter. If the City of Waltham Municipal
Affordable Housing Trust Fund fails to make recommendations within
the aforementioned time period, it shall be construed that the City
of Waltham Municipal Affordable Housing Trust Fund has no comment
on the proposed project. The City Council shall give due consideration
to, but shall not be bound to accept, any recommendation of the City
of Waltham Municipal Affordable Housing Trust Fund and may choose
to select a different method of meeting affordable housing requirements
consistent with said Section 9.1.
9.131.
Displacement. Where a proposed development which is subject to the
provisions of Section 9.1 displaces any households which are earning
less than 80% of the area median income (as defined by HUD on an annual
basis) of households within the Standard Metropolitan Statistical
Area that includes Waltham, as published by the United States Department
of Commerce, or estimates of these income figures as prepared by the
United States Department of Housing and Urban Development, these households
shall be offered affordable dwelling units, up to the number of such
units which are required to meet the affordable housing requirements
applied to that particular development, and provided, further, that
all replacement units must have at least the same number of bedrooms
as the unit being replaced. If the instance arises that said income-eligible
households are displaced, either temporarily or permanently, the developer
will provide to the displaced household moving expenses, technical
assistance in finding comparable units and financial assistance in
the form of a one-time payment, upon displacement, that may be used
as a security deposit and/or first or last month's rent deposit. This
payment shall be the equivalent of three times the monthly rent prior
to displacement paid within 90 days of displacement. Priority for
the location of the comparable units is:
(a)
In the same building (of a multiunit structure).
(b)
In the same neighborhood.
(c)
In Waltham.
(d)
In nearby communities.
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Furthermore, if the instance arises that said income-eligible
households are displaced and cannot be accommodated within the new
development for whatever reason, said households shall be eligible
for priority consideration for placement in any development within
the jurisdiction of the City of Waltham Municipal Affordable Housing
Trust Fund so long as the relocation adheres to the requirements of
any deed restriction, state, or federal requirements that have been
placed on the Municipal Affordable Housing Trust properties being
considered. Prior to the issuance of a certificate of occupancy for
any unit, the Inspector of Buildings of the City of Waltham shall
require the developer to provide documentary evidence that he has
complied with the displacement provisions of Section 9.131.
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9.14.
Methods of meeting affordable housing requirements. The applicant
shall provide affordable housing by one or more of the following methods
or any combination thereof, as directed by the City Council. The City
Council, in deciding which method or methods shall be used to provide
said affordable housing, shall give due consideration to the written
recommendations, if any, of the City of Waltham Municipal Affordable
Housing Trust Fund.
9.141.
(Reserved)
9.142.
Assignment. The applicant shall sell, lease or otherwise assign,
at reduced prices, a specific number of dwelling units which equal
15% of the total number of dwelling units in the proposed development,
to individuals and/or families meeting the income guidelines below.
Provided, however, that if a proposed development will contain more
than 18 dwelling units, then the applicant shall sell, lease or otherwise
assign, at reduced prices, a specific number of dwelling units which
equal 20%, rather than 15%, of the total number of dwelling units
in the proposed development, to individuals and/or families meeting
the income guidelines below. Resulting fractions of dwelling units
shall be treated as indicated in Section 9.145. The reduced prices
shall be set by the requirements of the state or federal funding source
used for the construction of the development and/or to subsidize the
affordable units or, where City of Waltham Municipal Affordable Housing
Trust Fund is used, by those regulations of the City of Waltham Municipal
Affordable Housing Trust Fund which are not inconsistent with federal
or state requirements. Where no state, federal or local funds are
used, the prices shall be consistent with price limits used by the
United States Department of Housing and Urban Development (HUD) targeted
for households earning less than 80% of the area median income (as
defined by HUD on an annual basis) within the Standard Metropolitan
Statistical Area that includes Waltham, provided further that at least
1/3 of the units sold, leased, or otherwise assigned shall be priced
consistent with price limits used by the United States Department
of Housing and Urban Development (HUD) targeted for households earning
less than 50% of the area median income (as defined by HUD on an annual
basis) within the Standard Metropolitan Statistical Area that includes
Waltham. The affordable housing restriction shall run with the land
and be in force in perpetuity, and be enforceable under the provisions
of Chapter 184, Section 26 or Sections 31 through 32 of the General
Laws, including the recording of a deed restriction. The required
deed restriction shall be in such form as to comply with DHCD requirements.
Such deed restrictions shall bear the signature of the Secretary of
the Massachusetts Department of Housing and Community Development
(DHCD) and be recorded at the Registry of Deeds. The deed restriction
must be recorded by the applicant once signed by the Secretary, and
no units may be permitted to be sold, leased, or otherwise assigned
until said deed restriction is recorded and proof thereof provided
to the Building Inspector. The sale, lease or assignment shall occur
within 30 days of the receipt of a temporary or permanent occupancy
permit. Dwelling units selected for sale, lease, or assignment as
affordable shall equal or surpass the average size and quality of
all units in the development. Should a dwelling unit subject to rental
limitations under Section 9.142 be converted to a condominium, the
qualified tenant of the unit shall have first right of refusal to
purchase the unit at a price conforming to limits established under
Section 9.142. Should the tenant not choose to purchase the unit,
either:
[Amended 10-26-2020 by Ord. No. 34937]
(a)
All the terms of the restrictions shall be made to apply to
another equivalent and previously unrestricted unit in the project,
which shall then be restricted as affordable in perpetuity, with the
recording of a deed restriction for that unit. The required deed restriction
shall be in such form as to comply with DHCD requirements. Such deed
restriction shall bear the signature of the Secretary of the Massachusetts
Department of Housing and Community Development (DHCD) and be recorded
at the Registry of Deeds. The deed restriction must be recorded by
the applicant once signed by the Secretary, and no units may be permitted
to be sold, leased, or otherwise assigned until said deed restriction
is recorded and proof thereof provided to the Building Inspector;
or
(b)
The sale price of the converted unit shall conform to price
limits required for units sold under Section 9.142, and the unit shall
be sold to a household eligible under Section 9.15; and said unit
shall, upon its sale or transfer, be restricted by deed to remain
affordable in perpetuity, with the recording of a deed restriction.
The required deed restriction shall be in such form as to comply with
DHCD requirements. Such deed restrictions shall bear the signature
of the Secretary of the Massachusetts Department of Housing and Community
Development (DHCD) and be recorded at the Registry of Deeds. The deed
restriction must be recorded by the applicant once signed by the Secretary
and no units may be permitted to be sold, leased, or otherwise assigned
until said deed restriction is recorded and proof thereof provided
to the Building Inspector; or
(c)
The owner shall be required to pay to the City of Waltham Municipal
Affordable Housing Trust Fund, the entire fee in lieu of dwelling
units calculated for the original project.
9.143.
Fee in lieu of dwelling units. The applicant shall provide a cash
fee in lieu of on-site affordable housing dwelling units. As the basis
for determining the amount of the cash fee, the City Council shall
use the appropriate current year edition of Building Construction
Cost Data, published by the R.S. Means Company of Kingston, Massachusetts,
or if such publication ceases to exist, an equivalent recognized construction
cost publication. The City Council shall calculate 15% of total development
cost (TDC) by using total development cost estimates and, for construction,
more specifically by using the relevant R.S. Means or equivalent data
referenced above. Provided that, for proposed developments of more
than 18 dwelling units, the percentage of total development costs
to be calculated as identified in the preceding sentence and below
shall be 20% rather than the 15% required to be calculated for developments
of eight to 18 dwelling units. The TDC shall comprise all development
costs recognized under state, federal or local programs used. Where
state, federal or local funds are not used, the TDC shall be consistent
with development costs recognized under the HUD targeted for households
earning less than 80% of the area median income (as defined by HUD
on an annual basis) within the Standard Metropolitan Statistical Area
that includes Waltham, complying with the HUD Unit Total Development
(TDC) Limits that are published annually. Should the building permit
or special permit for the project expire before completion of the
project, the fee may be adjusted to reflect updated TDC for the project.
The resulting dollar value, rounded to whole dollars, shall be known
as the "fee in lieu of dwelling units" ("fee") and shall be paid directly
to the City of Waltham Municipal Affordable Housing Trust Fund. The
fee shall be paid prior to issuance of an occupancy permit issued
pursuant to the special permit or, for a phased development, a part
of the fee shall be paid in proportion to the percent of the development
for which each occupancy permit is being issued.
[Amended 10-26-2020 by Ord. No. 34937]
9.144.
Purchase or construction of off-site dwelling units. The City of
Waltham Municipal Affordable Housing Trust Fund shall be directed
by the City Council to calculate the fee in lieu of dwelling units
and use said fee to purchase existing housing units in the City of
Waltham or to build new housing units, off site in the City of Waltham.
Ownership of units which are purchased or built as affordable housing
units shall be transferred to the City of Waltham Municipal Affordable
Housing Trust Fund or the Waltham Housing Authority (WHA) or the WHA's
designee, within 30 days of the receipt by the applicant of a temporary
or permanent occupancy permit for the applicant's original development.
In order to ensure that the value of the purchased, rehabilitated
or newly constructed housing, including rehabilitation costs where
applicable, is of an equivalent value to said fee, the applicant shall
be required to contract for an independent appraisal of the housing
units and to receive approval for all purchases and rehabilitation
and other services from the City of Waltham Municipal Affordable Housing
Trust Fund, including City of Waltham Municipal Affordable Housing
Trust Fund approval of the firm which will conduct the appraisal.
In addition, the appraisal firm shall be selected from a list provided
by the City of Waltham Municipal Affordable Housing Trust Fund. If
the value of said housing units is less than the total amount of the
fee, the applicant shall, at the time of the transfer of ownership
of said housing to the City of Waltham Municipal Affordable Housing
Trust Fund, the Waltham Housing Authority (WHA), or the WHA's designee,
make a payment to the City of Waltham Municipal Affordable Housing
Trust Fund of a sum of money which is equal to the full amount of
the difference between the amount of the fee in lieu of dwelling units
and the value of the purchased, rehabilitated or newly constructed
housing.
9.145.
If, when applying a specified percentage to calculate the required
number of units, the resulting number of dwelling units includes a
fraction of a unit this fraction, if equal to or greater than 1/2,
shall be rounded up to the next whole number.
9.15.
Eligibility. All affordable units shall be affordable to, and rented,
sold, or otherwise assigned only to, eligible individuals or families.
Eligibility for housing units created by the provisions of Section
9.1 and its subsections shall be in accordance with the federal, state
or local programs used for the construction of the development and/or
to subsidize the affordable units. Where no federal, state, or local
funds are used, eligibility shall be consistent with standards recognized
under the HUD targeted for households earning less than 80% of the
area median income (as defined by HUD on an annual basis) within the
Standard Metropolitan Statistical Area that includes Waltham; provided,
further, that 1/3 of the affordable units shall be affordable to,
and rented, sold, or otherwise assigned only to households earning
less than 50% of the area median income (as defined by HUD on an annual
basis) within the Standard Metropolitan Statistical Area that includes
Waltham.
9.16.
Waiver of traffic impact fee. The City Council may waive the traffic
impact fee of a project subject to the affordable housing requirement
if, after consultation with the City of Waltham Traffic Commission,
it is determined that no intersection within 1/4 mile of the proposed
project accommodating at least 500 vehicles during the peak hour will,
as a direct result of the project, have an a.m. or p.m. peak hour
level of service below LOS D.
9.17.
(Reserved)
9.18.
Enforcement. Any project subject to providing affordable housing
under this article shall include the requirements of this article
in a deed restriction on the subject dwellings, approved by the Director
of the Housing Department of the City of Waltham. Such deed restriction
is to remain in effect in perpetuity, and shall survive every sale
of the property. A deed restriction shall be recorded which shall
bear the signature of the Secretary of the Massachusetts Department
of Housing and Community Development (DHCD) and be recorded at the
Registry of Deeds. The owner of dwellings subject to said deed restriction
shall make annual reports to the Director of the Housing Department
detailing compliance with the terms of this article, and shall submit
to said Director reasonable monitoring requirements. The Director
of the Housing Department shall notify the Inspector of Buildings
of the City of Waltham of any failure to comply with this article.
Said owner shall correct within 30 days of notification by the Inspector
of Building. Where the failure is not corrected to the satisfaction
of said Inspector of Buildings, the owner shall be required to pay
to the City of Waltham Municipal Affordable Housing Trust Fund the
pro rata share of the fee in lieu of dwelling units calculated for
the original project attributable to the unit or units in violation.
If the income of a household renting a dwelling unit subject to price
limitations under Section 9.142 increases beyond income limits allowed
by this article, the household's rent may be increased above restricted
limits, at the end of the term of its current lease, only after the
restrictions and limitations are alternately applied to another equivalent
and previously unrestricted unit in the same project, and provided
to another eligible household.
[Amended 12-22-2008 by Ord. No. 31008]
9.21.
For purposes of the Zoning Ordinance, and particularly this Article IX, the City of Waltham Municipal Affordable Housing Trust Fund referred to herein shall be that trust created by Chapter 24 of the General Ordinances of the City of Waltham as it may from time to time be amended. Any funds or other property obtained pursuant to this Article IX by the City of Waltham Municipal Affordable Housing Trust Fund (Fund) shall be held, maintained and/or used in the same manner as all other assets of such Fund may be so held, maintained and/or used. Any contributions made pursuant to this article related to a special permit which has an affordable housing requirement or to a comprehensive permit shall be specifically identified in and made a condition of any such special permit or comprehensive permit.
9.22.
All contributions to the Fund shall, after acceptance by the City
Council, be transferred to the principal of said Fund. Any interest
thereon shall be credited to and become part of the Fund.
