One original and 11 copies of the application and materials required pursuant to §
315-5 above [excluding plans because they will be submitted pursuant to §
315-5A(3) and
(4) above] shall be submitted to the Planning Board. One copy of the application only shall be submitted to the City Clerk.
Maximum affordable purchase prices and maximum affordable rents
shall be affordable to low- or moderate-income homebuyers or tenants
in the development. Maximum affordable purchase prices and maximum
affordable rents shall adhere to the current low- or moderate-income
limits as determined by the U.S. Department of Housing and Urban Development
(HUD) applicable to the City of Beverly and shall satisfy the Massachusetts
Department of Housing and Community Development's Local Initiative
Program (LIP) affordability requirements. The applicant shall submit
a proposed schedule of maximum affordable purchase prices or rents
with the inclusionary housing application.
Inclusion (on-site) units must be constructed in proportion to (at the same rate as) market-rate units to comply with Chapter
300, §
300-112, Phased construction and shall be determined on the basis of occupancy permits issued by the Building Department unless the Planning Board elects to measure compliance by lot releases. If certificates of occupancy have not been issued for the affordable units when the applicant applies for additional occupancy permits or lot releases for market-rate units, the Building Inspector shall have the right to withhold occupancy permits for the market-rate units until the affordable units are completed. Inclusion (on-site) units shall not be the last units to be built in any development.
Inclusion (on-site) units must be generally comparable to market-rate
units in the development. "Comparable" will be determined according
to the following standards.
A. For detached single-family dwellings, inclusion (on-site) units must
be similar in size; i.e., they must offer the same number of bedrooms
as the average market-rate unit. For example, if all of the development's
single-family homes are four-bedroom units, the inclusion (on-site)
units must also have four bedrooms because state regulations require
overall proportionality of affordable and market-rate units in a single
development In certain circumstances, the Planning Board will consider
reasonable exceptions to the principle of overall proportionality.
For example, if a development with inclusion units consists of several
approval not required (ANR) lots on a street where the surrounding
homes are smaller than the proposed new market-rate homes, the applicant
may request that the inclusion units be designed for comparability
in size to established homes in the same neighborhood, provided the
homes are generally in good condition. This request may be made as
part of the inclusionary housing site plan application and the Planning
Board may approve the same without requiring the applicant to seek
a special permit.
B. As an alternative to designating single-family homes as inclusion (on-site) units, the Planning Board will allow inclusion (on-site) units to be located in two-family, semidetached or multifamily dwellings of not more than three units pursuant to Chapter
300, §
300-107C(2). These dwellings must conform to the design standards specified in §
300-107 and the following. Each unit must be separated by a common wall, have an at-grade entrance to one unit on the front facade and an at-grade entrance to the other units on a side other than the primary facade, such that when viewed from the road, the dwelling appears to be a detached single-family dwelling. The Planning Board will consider alternatives to achieve the same goal of creating a dwelling that appears to be a detached single-family dwelling when viewed from the street. When more than one inclusion (on-site) unit is sited in a single building, the building shall be equal in gross floor area to a typical market-rate, detached single-family dwelling in the development in order to achieve general comparability of scale and built form. The purpose of this requirement is to assure that inclusion units will be generally indistinguishable from market-rate units.
C. Inclusion (on-site) units must be comparable to market-rate units
in exterior building materials and finishes, construction quality
and energy efficiency, including mechanical equipment and plumbing,
insulation, windows, and heating and cooling systems. However, inclusion
units may have different interior finishes and features, provided
that such finishes and features are durable, of good quality and consistent
with contemporary standards for new housing. The Planning Board reserves
the right to consult with the Building Inspector to verify the durability
and quality of interior finishes proposed by the applicant and to
require reasonable changes to better achieve comparability of units.
D. For homeownership developments, a "comparable" inclusion (on-site)
unit may be made available for rent to a low- or moderate-income tenant
at an affordable rent. The ordinance does not specify that "comparable"
requires a 1:1 relationship between the form of ownership or occupancy
for market-rate units and inclusion units. An applicant who plans
to provide a comparable unit for rent rather than for sale must provide
evidence satisfactory to the Planning Board that the rental unit will
be managed by a qualified entity that has prior successful property
management experience with affordable housing.