As part of any application for Plan Approval for housing within the OSGOD, an Applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. These documents in combination, to be submitted with a Plan Approval application pursuant to Part 10 below, shall include details about construction related to the provision, within the Development, of units that are accessible to the disabled.
For all Projects, not less than 20% of the housing units constructed in the district shall be Affordable Housing, as required by the Enabling Laws. For purposes of calculating the number of units of Affordable Housing required within the district, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.
Affordable Housing shall comply with the following requirements:
A. 
For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming 1.5 persons per bedroom, unless other affordable program rent limits approved by the DHCD shall apply;
B. 
For an Affordable Homeownership Unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming 1.5 persons per bedroom; and
C. 
Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.
Units of Affordable Housing shall be finished, but not furnished housing units. Units of Affordable Housing shall be dispersed throughout the Development of which they are part and be compatible in initial construction quality and exterior design to other housing units in the Development. The total number of bedrooms in the Affordable Housing shall be, insofar as practicable, proportionate to the total number of bedrooms in all the units in the Development of which the Affordable Housing is a part.
Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction approved by the PAA which is recorded with the appropriate Registry of Deeds or District Registry of the Land Court and which contains at least the following:
A. 
Specification of the term of the Affordable Housing Restriction, which shall be no less than 30 years, and in the discretion of the PAA, the restriction may be in perpetuity;
B. 
The name and address of an Administering Agency, with a designation of its power to monitor and enforce the Affordable Housing Restriction;
C. 
A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Project or the rental portion of a Project without specific unit identification;
D. 
Reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for preferences in resident selection to the extent consistent with applicable law for the Affordable Housing Units; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size;
E. 
A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan;
F. 
Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set;
G. 
Designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions;
H. 
A requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease or sublease of any unit of Affordable Housing shall be given to the Administering Agency;
I. 
Provision for effective monitoring and enforcement of the terms and provisions of the Affordable Housing Restriction by the Administering Agency;
J. 
Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Administering Agency and the Town and/or a nonprofit organization, in a form approved by municipal counsel and PAA, and shall limit initial sale and resale to and occupancy by an Eligible Household;
K. 
Provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Administering Agency and the Town and/or a nonprofit organization, in a form approved by municipal counsel, and the PAA, and shall limit rental and occupancy to an Eligible Household;
L. 
Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall file an annual report with the Administering Agency, in a form specified by that agency, certifying compliance with the affordability provisions of this bylaw and containing such other information as may be reasonably requested in order to ensure affordability; and
M. 
A requirement that residents in Affordable Housing provide such information as the Administering Agency may reasonably request in order to ensure affordability.
An Administering Agency, which may be the Local Housing Authority or other qualified housing entity (the "Administering Agency"), shall be designated by the PAA as the Administering Agency for all Projects in the OSGOD. In a case where the Administering Agency cannot adequately carry out its administrative duties, upon certification of this fact by the PAA or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. The Applicant and its successor in title and interest shall pay for the services of the Administering Agency or other such entity providing the services required herein, with such payment not to exceed a reasonable amount for such services to be agreed upon by the PAA and the Applicant. In any event, such Administering Agency shall ensure the following, both prior to issuance of a building permit for a Project within the OSGOD, and on a continuing basis thereafter, as the case may be:
A. 
Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed;
B. 
Income eligibility of households applying for Affordable Housing is properly and reliably determined;
C. 
The housing marketing and resident selection plan conform to all requirements and is properly administered;
D. 
Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan, with appropriate unit size for each household being properly determined and proper preference being given;
E. 
Affordable Housing Restrictions meeting the requirements of this section are recorded with the proper Registry of Deeds; and,
F. 
Enforcement, by litigation or otherwise, of the Affordable Housing Restrictions and the foregoing requirements.
The housing marketing and selection plan may make provision for payment by the Project Applicant of reasonable costs to the Administering Agency to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements.
The district shall not include the imposition of restrictions on age upon the entire district, but the development of specific Projects within the district may be exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable fair housing laws and not less than 25% of the housing units in such a restricted Project shall be restricted as affordable units. Any Project which includes age-restricted residential units shall comply with applicable federal, state and local fair housing laws and regulations.
For all Projects where the affordable units proposed are homeownership units, not less than 20% of the total housing units constructed in a Project shall be Affordable Housing. For all Projects where the affordable units proposed are rental units, not less than 25% of total housing units in any Building containing rental units shall be Affordable Housing; provided, however, that 20% of such units may be affordable where the affordable units are restricted to households earning less than 50% of area median income. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.
For housing that is approved and developed in phases, the proportion of Affordable Housing units [and the proportion of existing zoned units to bonus units as described in 760 CMR 59.04(1)(h)] shall be consistent across all phases.
Prior to the granting of any building permit for the housing component of a Project, the Applicant must demonstrate, to the satisfaction of the PAA, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town of North Andover.
Notwithstanding anything to the contrary herein, the affordability provisions in this Part 6 shall not be waived.