The purpose of this bylaw is to outline and implement a coherent
set of policies and objectives for the development of affordable housing
in tandem with on-going Town of Bellingham programs to promote a reasonable
percentage of housing that is affordable to moderate-income buyers.
It is intended that the affordable housing units that result from
special permits issued under this bylaw be included on the Town's
Subsidized Housing Inventory, as kept by the Massachusetts Department
of Housing and Community Development ("DHCD") or any successor agency.
It is intended that this bylaw provide a mechanism to compensate for
those decreases in the Town's percentage of affordable housing
that are directly caused by prospective increases in the Town's
overall housing stock.
As used in this article, the following terms shall have the
meanings indicated:
AFFORDABLE HOUSING UNIT
A dwelling unit that can be purchased at an annual cost that
is deemed affordable for a household that is earning no more than
70% of the area median income as reported by the U.S. Department of
Housing and Urban Development and/or DHCD, said price to be adjusted
commensurate with the maximum income of the proposed purchaser.
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER
An individual or family with a household income that does
not exceed 80% of the area median income, with adjustments for household
size, as reported by the most recent information from the United States
Department of Housing and Urban Development and/or DHCD.
The provisions of §
240-174 hereof shall not apply to the construction of eight or more single-family dwelling units on individual lots, if said eight or more lots were in existence as of October 14, 2010. This bylaw shall not apply to major residential developments proposed and permitted under Article
XIV of the Town's Zoning Bylaw.
The Planning Board shall be the special permit granting authority
for all special permits under this bylaw.
The special permit granting authority shall, as a condition of approval of any development referred to in §
240-178, require that the applicant for special permit approval comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in §
240-178. Any special permit granted hereunder shall contain a condition that no construction of any of the proposed development may commence until the affordable units created thereby are eligible for inclusion on the Town's Subsidized Housing Inventory.
The special permit granting authority shall deny any application
for a special permit for development if the applicant for special
permit approval does not comply, at a minimum, with the following
requirements for affordable units:
A. At least 10% of the units in a division of land or units in a multifamily
or duplex development subject to this bylaw shall be established as
affordable housing units in any one or combination of methods provided
for below. Fractions of a lot or dwelling unit shall be rounded up
to the nearest whole number, such that a development proposing eight
dwelling units shall require one affordable unit, a development proposing
11 dwelling units shall require two affordable units, and so on.
B. The affordable unit(s) shall be constructed or rehabilitated on: The locus property; or a locus different from the one subject to the special permit (see §
240-182); or the applicant may offer and the special permit granting authority may accept any combination of the requirements of this section, provided that in no event shall the total number of units or land area provided be less than 10% of the total number of units/lots approved under the permit.
To the extent permitted by law, the special permit granting
authority may require the applicant to comply with local reference
requirements, if any, as may be established by regulations promulgated
hereunder.
Applicants under this bylaw shall submit a marketing plan or
other method approved by the special permit granting authority, which
describes how the affordable units will be marketed to potential homebuyers.
If applicable, this plan shall include a description of the lottery
or other process to be used for selecting buyers. The plan shall be
in conformance to DHCD rules and regulations, and shall be subject
to the prior review and approval of Town Counsel at the applicant's
expense.
Subject to the approval of the special permit granting authority, an applicant subject to this bylaw may develop, construct or otherwise provide affordable units equivalent to those required by §
240-178 off-site. All requirements of this bylaw that apply to on-site provision of affordable units shall apply to provision of off-site affordable units. In addition, the location and design of the off-site units to be provided shall be approved by the special permit granting authority as an integral element of the special permit review and approval process.
Each affordable unit created in accordance with this bylaw shall
have the following 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 deed restriction must be deemed acceptable to DHCD
and Town Counsel prior to the issuance of any building or occupancy
permits and shall be recorded at the Norfolk County Registry of Deeds
or the Land Court and shall be in force in perpetuity or for the longest
period allowed by law, unless the Planning Board determines that a
shorter period of affordability will facilitate the development of
affordable housing.
A. The special permit granting authority shall require, as a condition
for special permit approval under this bylaw, that the deeds to the
affordable housing unit contain a restriction requiring that any subsequent
renting or leasing of said affordable housing unit shall not exceed
an amount that is deemed affordable for the income level that is designated
for the qualified affordable housing unit purchaser.
B. Special permit granting authority shall require, as a condition for
special permit approval under this bylaw, that the applicant comply
with the mandatory set-asides and accompanying deed restrictions on
affordability.
The special permit granting authority may adopt regulations
for the orderly administration of this bylaw.