The purposes of the Inclusionary Housing Bylaw are to produce
high-quality dwelling units affordable to low- or moderate-income
households, to encourage the provision of more housing choices in
Mansfield, to promote geographic distribution of affordable housing
units throughout the Town and avoid over-concentration, to prevent
the displacement of low- or moderate-income residents of Mansfield,
to assist the Town in addressing "local housing need" as defined in
MGL c. 40B, §§ 20 through 23, and to assist the
Town in implementing its Affordable Housing Plan.
As used in this bylaw, the following terms shall have the meanings
indicated:
As applied to the design, construction, or alteration of
a dwelling unit, accessible housing is a housing unit that can be
approached, entered, and used by individuals with mobility impairments.
A contract, mortgage agreement, deed restriction, or other
legal instrument, acceptable in form and substance to the Town of
Mansfield, that effectively restricts occupancy of an affordable housing
unit to a qualified purchaser or qualified 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 of
time allowed by law, so as to be binding on and enforceable against
any person claiming an interest in the property. An affordable housing
restriction shall be enforceable under the provisions of MGL c. 184,
§ 32, and be approved by the Department of Housing and Community
Development through the Local Initiative Program.
A fund account established and operated by the Town for the
exclusive purpose of creating or preserving affordable housing opportunities
in the Town of Mansfield.
A dwelling unit that is affordable to and occupied by a low-
or moderate-income household, meets the definition of low- or moderate-income
housing at 760 CMR 56.02, and is eligible for inclusion in the Chapter
40B Subsidized Housing Inventory through the Local Initiative Program.
A dwelling unit or a unit within an assisted-living facility.
A program administered by the Massachusetts Department of
Housing and Community Development (DHCD) pursuant to 760 CMR 56.00
et seq. and the Local Initiative Program Guidelines to develop and
implement local housing initiatives that produce low- and moderate-income
housing.
A household with income at or below 80% of area median income,
adjusted for household size, for the metropolitan or non-metropolitan
area that includes the Town of Mansfield as determined annually by
the U. S. Department of Housing and Urban Development (HUD).
A selling price or monthly rent, exclusive of utilities,
that meets the maximum purchase price or rent guidelines of the Local
Initiative Program.
A low- or moderate-income household that purchases and occupies
an affordable housing unit as its principal residence.
A low- or moderate-income household that rents and occupies
an affordable housing unit as a tenant.
The Department of Housing and Community Development Chapter
40B Subsidized Housing Inventory as provided in 760 CMR 56.02.
A.
This bylaw applies to all developments involving the creation of
six or more dwelling units or six or more lots for residential use.
Developments may not be segmented to avoid compliance with this bylaw.
B.
This bylaw does not apply to any development for which a complete
application for a special permit, a subdivision of land, or a plan
of land that does not require Planning Board approval under MGL c. 41,
§ 81P, has been submitted to the Town Clerk prior to the
adoption of this bylaw by Town Meeting.
In any development subject to this bylaw, the sixth housing
unit and every seventh unit thereafter shall be an affordable housing
unit. Nothing in this section shall preclude a developer from providing
more affordable housing units than required under the provisions of
this bylaw.
The Planning Board, in its discretion, may approve one or more
of the following methods, or any combination thereof, for the provision
of affordable housing units by a development that is subject to this
bylaw:
A.
The affordable housing units may be constructed or rehabilitated
on the locus of the development.
B.
The affordable housing units may be constructed or rehabilitated
on a locus different than that of the development. The Planning Board,
in its discretion, may allow a developer of nonrental dwelling units
to develop, construct or otherwise provide affordable units equivalent
to those required by this bylaw in an off-site location in the Town
of Mansfield. 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 of the off-site units
shall be approved by the Planning Board as an integral element of
the development review and approval process.
C.
A donation of land may be made in lieu of providing affordable housing
units. An applicant may offer, and the Planning Board may accept,
subject to approval of the Select Board, donations of land in fee
simple, on- or off-site, that the Planning Board determines are suitable
for the construction of affordable housing units. The value of donated
land shall be equal to or greater than the value of the construction
or setaside of the affordable units. The Planning Board may require,
prior to accepting land as satisfaction of the requirements of this
bylaw, that the applicant submit appraisals of the land in question,
as well as other data relevant to the determination of equivalent
value.
D.
An equivalent fee in lieu of units may be made. The Planning Board, in its discretion, may allow a developer of nonrental dwelling units to make a cash payment to the Town through its Affordable Housing Trust Fund for each affordable unit required by § 230-6.4. The cash payment, or equivalent value in land or buildings, shall be equal to the difference between the median single-family home sale price in Mansfield for the most recent three fiscal years, as determined by the Board of Assessors, and the price of an affordable housing unit for a qualified purchaser, assuming a household size of 1.49 persons per bedroom, rounded to the nearest whole person.
A.
The Planning Board shall be charged with administering this bylaw
and shall promulgate rules and regulations to implement its provisions,
including but not limited to submission requirements and procedures,
methods of setting the maximum affordable sale price or rent, minimum
requirements for a marketing plan, and documentation required by the
Town to qualify the affordable housing units for listing on the Chapter
40B Subsidized Housing Inventory.
B.
Affordable dwelling units shall be dispersed throughout the building(s)
in a development and shall be comparable to market housing units in
terms of location, quality and character, room size, bedroom distribution,
and external appearance.
C.
The Planning Board, in its discretion, may require the provision
of an accessible unit(s), up to 5% of the total number of units, and
may designate when the unit(s) shall be provided during the construction
process.
D.
The selection of qualified purchasers or qualified renters shall
be carried out under a marketing plan approved by the Planning Board.
The duration and design of this plan shall reasonably inform all those
seeking affordable housing, both within and outside the Town, of the
availability of such units. The marketing plan must describe how the
applicant will accommodate local preference requirements, established
by the Select Board, in a manner that complies with the nondiscrimination
in tenant or buyer selection guidelines of the Local Initiative Program.
E.
Developers may sell affordable units to the Town of Mansfield, the
Mansfield Housing Authority, the Mansfield Housing Corporation, or
to any nonprofit housing development organization serving Mansfield,
in order that such entity may carry out the steps needed to market
the affordable housing units and manage the choice of buyers.
A.
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 or payment of fees in lieu of providing
affordable units be delayed beyond the schedule below. Fractions of
units shall not be counted.
|
Percentage of Market-Rate Units
|
Percentage of Affordable Housing Units
|
|---|---|
|
Up to 30%
|
None required
|
|
30% plus 1 unit
|
At least 10%
|
|
Up to 50%
|
At least 30%
|
|
Up to 75%
|
At least 50%
|
|
75% plus 1 unit
|
At least 70%
|
|
Up to 90%
|
100%
|
B.
Certificates of occupancy for any market-rate housing units shall
be issued at a ratio of certificates of occupancy for required affordable
housing units or fees paid in lieu of units in accordance with the
schedule above.
A.
An affordable housing unit created in accordance with this bylaw
shall be subject to an affordable housing restriction or regulatory
agreement that contains limitations on use, resale and rents. The
affordable housing restriction or regulatory agreement shall meet
the requirements of the Town and the Local Initiative Program, and
shall be in force for the maximum period allowed by law.
B.
The affordable housing restriction or regulatory agreement shall
be enforceable under the provisions of MGL c. 184, § 32.
C.
The Planning Board shall require that the applicant comply with the
mandatory provision of affordable housing units and accompanying restrictions
on affordability, including the execution of the affordable housing
restriction or regulatory agreement.
D.
All documents necessary to ensure compliance with this bylaw shall
be subject to the review and approval of the Planning Board and, as
applicable, Town Counsel. Such documents shall be executed prior to
and as a condition of the issuance of any certificate of occupancy.
A.
To the extent that a conflict exists between this bylaw and other
bylaws of the Town of Mansfield, the more restrictive provisions shall
apply.
B.
If a court of competent jurisdiction holds any provision of this
bylaw invalid, 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 remaining
sections or parts of sections or the other bylaws of the Town of Mansfield.
