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:
ACCESSIBLE
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.
AFFORDABLE HOUSING RESTRICTION
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.
AFFORDABLE HOUSING TRUST FUND
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.
AFFORDABLE HOUSING UNIT
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.
DWELLING UNIT
A dwelling unit or a unit within an assisted-living facility.
LOCAL INITIATIVE PROGRAM
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.
LOW- OR MODERATE-INCOME HOUSEHOLD
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).
QUALIFIED PURCHASER
A low- or moderate-income household that purchases and occupies
an affordable housing unit as its principal residence.
QUALIFIED RENTER
A low- or moderate-income household that rents and occupies
an affordable housing unit as a tenant.
SUBSIDIZED HOUSING INVENTORY
The Department of Housing and Community Development Chapter
40B Subsidized Housing Inventory as provided in 760 CMR 56.02.
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.