The purpose of this bylaw is to provide for the development
of affordable housing in compliance with MGL c. 40B, § 20-23,
so that the Town's stock of affordable housing is not diluted by the
creation of additional market-rate units. It is intended that any
affordable housing unit created pursuant to this bylaw will qualify
for inclusion in the Chapter 40B Subsidized Housing Inventory (SHI)
under the regulations and guidelines of the Massachusetts Department
of Housing and Community Development (DHCD), and therefore units must
comply with these guidelines.
This section shall apply to all projects proposed within the Article
XXI, Community Enhancement and Investment Overlay District (CEIOD), and Article
XXII, Village Center Overlay District and the Residential Multifamily (RM) District, which involve four dwelling units or more. The Planning Board shall, as a condition of approval, via majority vote, of any such development require that the applicant provide affordable housing pursuant to this bylaw and more fully described in §
195-137 below. All projects shall be forwarded for review and comment to the Chelmsford Housing Advisory Board and the Chelmsford Housing Authority.
AFFORDABLE HOUSING
Housing which is restricted for sale or rent to individuals
and families within specific income ranges and sales prices as defined
by the Massachusetts Division of Housing and Community Development
(DHCD). Affordability shall be perpetual and shall be secured by the
use of an affordable housing restriction as defined in MGL c. 184,
§ 31. Affordable housing units shall count as very-low-
or moderate-income units on the DHCD Subsidized Housing Inventory
SHI, subject to the approval of DHCD.
DEPARTMENT OR DHCD
The Massachusetts Department of Housing and Community Development
(DHCD) or any successor agency.
OWNERSHIP UNITS
Shall be affordable to families with incomes not exceeding
the HUD published low-income limit (80%) for the applicable metropolitan
statistical area for Chelmsford, as published by HUD and utilized
by DHCD for regulating affordable housing programs.
RENTAL UNITS
Shall be affordable to families with incomes not exceeding
the HUD published very-low-income limit (50%) for the Lowell, MA,
HUD Metro FMR area.
It is the intent of this bylaw to prohibit the subdivision of
land or phasing of development to avoid the application of this section.
It shall be presumed that land held in common ownership at the time
of enactment of this bylaw should be included for the purposes of
calculating the number of affordable units to be provided. It shall
also be presumed that phased development of land held in common ownership
shall be considered in its totality rather than as separate projects.
These presumptions are rebuttable only upon credible evidence to the
contrary.
The Planning Board shall require that any development, as applicable per §
195-134, for four or more dwelling units in a residential or mixed use project shall be conditioned upon at least 25%, prior to any consideration of density bonus per §
195-138E, of the units subject to this bylaw be restricted as affordable housing units in any one or combination of methods provided for below:
A. By constructing, rehabilitating or designating affordable housing
unit(s) on the locus subject to the application; or
B. By constructing, rehabilitating or designating affordable housing
unit(s) on a locus different than the one subject to the application,
which is not presently included in the SHI; or
C. By offer to and approval by the Planning Board, with input from the Housing Advisory Board (and acceptance by the Select Board on behalf of the Town), of a donation of land to the Town or its designee in fee simple, on- or off-site, that the Planning Board in its discretion determines is suitable for the construction of affordable housing units. Where this option is used, said land shall be compliant with zoning to support a number of affordable housing units equal to two times the number of units otherwise required by §
195-138C; or
[Amended 6-17-2021 ATM by Art. 30]
D. By offer to and acceptance by the Planning Board, with input from
the Housing Advisory Board, of a payment-in-lieu of money to the Town
of Chelmsford's Housing Stabilization Fund.
E. At the discretion of the Planning Board, with input from the Housing
Advisory Board, and compliance with statutory requirements for the
disposition and use of Town property, by development of a qualifying
affordable housing unit on Town-owned land through rehabilitation
or new construction.
F. Any combination of the above requirements in Subsections
A through
E, provided that in no event shall the total number of units or land area or funds provided be less than the equivalent number or value of affordable units required by this bylaw.
The maximum housing purchase price or rent for affordable units
created under this bylaw shall be consistent with affordability guidelines
established by DHCD or a successor agency.
The Planning Board shall require, as a condition for approval
under this bylaw, that the applicant comply with the mandatory affordable
housing provisions and accompanying restrictions on affordability,
including the execution of a DHCD Local Initiative Program Regulatory
Agreement (for rental and homeownership units) and deed rider (for
homeownership units). The Building Inspector shall not issue an occupancy
permit for any unit in the project subject to this bylaw until the
regulatory agreement is recorded.
The applicant may seek modifications to an approved project
by submitting a written request for the same to the Planning Board.
If the Planning Board determines that the change is minor in nature,
it may approve the change by a simple majority vote of the Board at
a regular public meeting. If the Board determines that the change
is significant, it shall hold a public hearing to consider the change.
The provisions of this section shall be considered supplemental
to other zoning bylaws. To the extent that a conflict exists between
this section and others, the more restrictive provisions shall apply.