A. 
At least 12% of all housing units created in a project subject to the City's Inclusionary Zoning Ordinance must be affordable. If the calculation results in a fraction, then that fraction must be "rounded up" to the nearest whole number.
B. 
If a residential project is located in a zoning district where the only permitted residential use is a detached single-family home, up to 20% of the total number of units (market-rate and affordable) may be in two-family, semidetached or multifamily dwellings of not more than three units, and all or a majority of the affordable units may be located in said dwellings. Note that, to the extent possible, affordable units must not be concentrated in one part of the development.
Example Calculations
Standard
Number of Proposed Single-Family Lots
Number of Proposed Multifamily Units
Base density
10
50
Affordable housing requirement
1.2 units (rounds to 2 units)
6 units
Market-rate units
8
44
Number of units permitted in two-family, semidetached or multifamily dwellings of not more than 3 units
2
N/A
A. 
See Chapter 300, Zoning, § 300-109, which permits, by right, density bonuses in certain zoning districts when affordable housing units are provided on site. Minimum lot area requirements for developments with inclusion (on-site) units are somewhat smaller than for developments that provide affordable housing through one of the alternative methods listed in Chapter 300, § 300-108B. This adjustment has been made to encourage the construction of on-site units and to discourage election of the alternative methods.
B. 
Example calculations of how density bonus and minimum lot area adjustment work together. A developer proposes an eleven-lot subdivision on three acres in an R-10 Zone. Assuming the road and other improvements will take up 20,680 square feet, the developer has 110,000 square feet remaining to divide into house lots. A developer proposes a one-hundred-fifty-unit multifamily development on a ten-acre lot in the RSD Zoning District. Pursuant to Chapter 300, Article XV, the inclusionary housing requirements and density bonuses would be as follows:
Standard
Number of Proposed Single-Family Lots (R-10)
Number of Proposed Multifamily Units (RSD)
Developable area
110,000 square feet
10 acres
Base density
11
150
Affordable housing requirement
2
18
Market-rate units
9
132
Estimated density bonus (one additional market-rate dwelling unit per affordable unit provided on-site in R-10; 2 in RSD)
2
36
Actual density bonus (applying minimum lot area requirement of 85% in R-10; 70% in RSD)
1
22
Final density
12 (10 market-rate + 2 affordable)
172 (154 market-rate + 18 affordable)
A. 
The following information is required for all applicable projects in addition to those requirements found in Chapter 300, Zoning, § 300-110:
(1) 
A complete inclusionary housing application form (See Appendix A[1]).
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2) 
Application fees. In addition to application fees required under the Planning Board's Subdivision Rules and Regulations[2] or other filing fees (e.g., site plan review), the applicant shall pay the inclusionary housing application fee shown on the application form and in the Planning Board's regulations governing fees and fee structures ("fee regulations"). Costs for review by any consultants retained by the Planning Board shall be in addition to this amount and are the sole responsibility of the applicant pursuant to the fee regulations.
[2]
Editor's Note: See Ch. 375, Subdivision of Land.
(3) 
For developments subject to site plan review under Chapter 300, § 300-98 or 300-54, the development shall be reviewed in accordance with said sections and these regulations.
(4) 
For developments not subject to Chapter 300, § 300-98 or 300-54, the applicant shall submit a site plan that conforms to the application requirements set forth in Chapter 300, § 300-98C, and these regulations.
(5) 
Identification of the lot or lots proposed for inclusion (on-site) units, together with the type of dwelling unit(s).
(6) 
Sufficient data to determine compliance with Chapter 300, § 300-104, Housing affordability, and § 300-106, Minimum percentage of affordable units.
(7) 
For inclusion (on-site) units, sufficient data to determine compliance with Chapter 300, § 300-109, Dimensional and density regulations for on-site units.
(8) 
Elevations, sample floor plans and interior finish specifications for typical market-rate and affordable housing units. If the applicant intends to sell market-rate lots individually to homebuilders, the applicant may request to defer submission of building plans until a later date and the Planning Board will not unreasonably deny the request. However, as a condition of inclusionary housing site plan approval, no building permit will be issued for any units in the development until plans for both the market-rate and affordable units have been reviewed and approved by the Beverly Planning Board.
(9) 
Draft regulatory agreement, affordable housing deed rider and affirmative marketing plan (§ 315-11 of these regulations). These documents shall be submitted no later than the date of submission of the inclusionary housing application.
B. 
Together, the inclusionary housing application form, application fees, required data, site plan, building elevations, sample floor plans and interior finishes specifications shall comprise the submission required by Chapter 300, § 300-110.
C. 
For applicable projects that also require submission of a subdivision plan, site plan review or special permit application with the Planning Board, the applicant shall simultaneously submit an inclusionary housing application.
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.
A. 
The inclusionary housing site plan will be acted upon in accordance with the procedures set forth in Chapter 300, Article XV. To the maximum extent possible, the Planning Board will coordinate its review of the inclusionary housing site plan and a subdivision plan, site plan and/or special permit (where applicable), recognizing that these reviews are governed by different review and decision standards.
B. 
The Planning Board may impose one or more of the following conditions on its approval of the site plan:
(1) 
Approval of elevations, sample floor plans and interior finish specifications for typical market-rate and affordable housing units prior to the issuance of a building permit (if such plans have not been approved as part of the application).
(2) 
Relocation of the inclusion (on-site) units to another lot or lots within the development or modification to the elevation drawings or floor plans in order to further the objectives of Chapter 300, § 300-107, Location and comparability of affordable units.
(3) 
Modifications to the marketing plan, construction schedule, affordable unit purchase prices or rents, and related elements of the inclusionary housing site plan application, where necessary to further the objectives of Chapter 300, Article XV.
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.
A. 
Affordable housing units created by the Inclusionary Housing Ordinance must be eligible for listing on the Chapter 40B Subsidized Housing Inventory. Toward that end, the applicant is required to enter into a regulatory agreement with the City of Beverly and DHCD. The Planning Board encourages that applicants use the state's "model" regulatory agreement, which is not part of these regulations and is attached for informational purposes only (see Appendix B[1]). To reduce delays, applicants are required to submit a draft regulatory agreement with the inclusionary housing application so that regulatory agreement details can be worked out during the permitting process. It is the applicant's responsibility to prepare a complete regulatory agreement for signature by the City and DHCD, to obtain the necessary signatures and to record a fully executed agreement at the Registry of Deeds prior to the issuance of any building permits (or in the case of a subdivision, lot releases).
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
B. 
In addition, for-sale units must be protected by a deed rider that "locks in" an affordable housing purchase price upon resale. The City encourages applicants to use the state's "model" affordable housing deed rider (see Appendix C[2]). Applicants are required to submit a draft affordable housing deed rider with the inclusionary housing application so that details can be worked out during the permitting process. This document must be fully executed and submitted to the Planning Department prior to the issuance of a certificate of occupancy, and must also be recorded with the Registry of Deeds at the time of transfer of ownership.
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
C. 
Finally, the regulatory agreement requires an annual monitoring procedure to verify that affordable homeownership units remain owner-occupied and that affordable rental units are occupied by low- or moderate-income tenants at rents they can afford. The applicant is responsible for making monitoring arrangements with an organization qualified to provide this service on behalf of the City. Since DHCD will not approve affordable housing units for inclusion in the Subsidized Housing Inventory unless a satisfactory monitoring plan is in place, it is in the applicant's interest to purchase this service from a qualified organization.
A. 
DHCD requires that all Chapter 40B eligible housing units be sold or rented under an approved marketing plan. The purpose of the marketing plan is to assure that as many qualified, income-eligible homebuyers or tenants as are reasonably possible are aware of an affordable housing opportunity and that the units will be made available on a nondiscriminatory basis.
B. 
Although there are many low- or moderate-income households seeking affordable housing, the marketing process is sometimes difficult. As an aid to applicants, the Planning Board has included sample marketing plan information in an exhibit to these regulations (see Appendix D[1]). It is the applicant's responsibility to prepare a final marketing plan, provide a draft for review by the Planning Board, and submit the final plan to DHCD for its approval. The marketing plan must be approved by DHCD prior to the issuance of any occupancy permits and/or lot releases.
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.