The purpose of this Inclusionary Housing Bylaw is to produce
high-quality dwelling units affordable to low- or moderate-income
households, to encourage the provision of more housing choices in
the Town of North Andover, and to promote geographic distribution
of affordable housing units throughout the Town. At a minimum, affordable
housing produced through this bylaw should comply with the requirements
set forth in MGL c. 40B, §§ 20 through 24 and other
affordable housing programs developed by state, county and local governments.
It is intended that the Affordable Housing Units that result from
the bylaw be considered Local Initiative Program ("LIP") units in
compliance with the requirements for the same as specified by the
Department of Housing and Community Development ("DHCD") and be eligible
to be included on the Town's subsidized housing inventory ("SHI").
Accordingly, the provisions of this bylaw are intended to:
A. Increase the supply of rental and ownership housing in the Town that
is permanently available to Income Eligible Households;
B. Create affordable housing that will qualify for inclusion in the
SHI in order to reach and maintain a minimum of 10% affordable housing
in the Town's housing stock and to establish standards and guidelines
in order to implement the foregoing;
C. Promote public health, safety, and welfare by encouraging diversity
and distribution of housing to meet the needs of families and individuals
in the Town;
D. Provide for housing choices for households of all incomes, ages,
and sizes;
E. Prevent the displacement of low- and moderate-income residents;
F. Provide opportunities for conventional residential and mixed use
developments to contribute to increasing the supply of affordable
housing.
To achieve the above-stated purposes and intentions, the Town
requires newly created housing developments to include a proportion
of housing units that shall be affordable to Income Eligible Households.
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For purposes of this Inclusionary Housing Bylaw, the following definitions shall apply. To the extent that there is any conflict between the definitions set forth in this §
195-8.96 and other sections of the Town of North Andover's Zoning Bylaw, the definitions of this bylaw shall govern. All other capitalized terms not specifically defined in this §
195-8.96 shall have the meaning provided in the other sections of the Town of North Andover's Zoning Bylaw.
AFFORDABLE HOUSING RESTRICTION
A use or deed restriction acceptable in form and substance
to DHCD and the Town that imposes restrictions on Affordable Housing
Units to make such units affordable to Income Eligible Households
which meets the requirements of DHCD's LIP or any successor program
established by DHCD for purposes of SHI eligibility; and causes the
Affordable Housing Units to be eligible for inclusion on the SHI.
An Affordable Housing Restriction shall run with the land in perpetuity
or for the maximum period of time allowed by law, and be enforceable
under the provisions of Chapter 184, §§ 26, 31, and
32 of the Massachusetts General Laws.
AFFORDABLE HOUSING TRUST FUND
A fund account established by the Town Affordable Housing
Trust pursuant to Chapter 44, § 53A, et seq. of the Massachusetts
General Laws for the purpose of encouraging, creating, subsidizing
or preserving affordable housing in the Town.
AFFORDABLE HOUSING UNIT
A housing unit in a development subject to this bylaw that
is required to be sold or rented to, as applicable, and occupied by
an Income Eligible Household.
AREA MEDIAN INCOME (AMI)
The area median household income as determined by HUD, adjusted
for household size, for the metropolitan area that includes the Town.
DHCD
The Massachusetts Department of Housing and Community Development,
or any successor agency.
HUD
The United States Department of Housing and Urban Development,
or any successor agency.
INCOME ELIGIBLE HOUSEHOLD
A household of one or more persons whose annual income does
not exceed 80% of AMI and meets the applicable requirements established
by DHCD's LIP.
LOCAL ACTION UNITS (LAU)
A component of the LIP under which housing units that are
created through municipal actions other than a comprehensive permit
receive LIP approval and are eligible for inclusion on the SHI.
LOCAL INITIATIVE PROGRAM (LIP)
A program administered by DHCD pursuant to 760 CMR 56.00
to develop and implement local housing initiatives that produce low-
and moderate-income housing, with or without a comprehensive permit
issued pursuant to Chapter 40B, §§ 20 through 23 of
the Massachusetts General Laws.
MARKET-RATE HOUSING UNIT
A housing unit in a development subject to this section that
is not an Affordable Housing Unit.
SUBSIDIZED HOUSING INVENTORY (SHI)
The list compiled by DHCD containing the count of eligible
low- or moderate-income housing by a city or town pursuant to 760
CMR 56.00, Chapter 40B of the Massachusetts General Laws, and applicable
DHCD guidelines.
The development of any project set forth in §
195-8.97 (above) shall require the grant of a Special Permit from the Planning Board, as SPGA. A Special Permit shall be granted if the proposal meets the requirements of this bylaw so long as it is not inconsistent with other provisions of this bylaw.
[Amended 5-16-2023 ATM by Art. 31]
As an alternative to the requirements of §
195-8.100, an applicant subject to the bylaw may develop, construct or otherwise provide Affordable Housing Units equivalent to those required by §
195-8.99 off-site within the Town of North Andover. All requirements of this bylaw that apply to on-site provision of Affordable Housing Units shall apply to provision of off-site Affordable Housing Units, except for those units that are built and constructed pursuant to § 195.8.100A and B. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the Special Permit review and approval process.
[Amended 5-16-2023 ATM by Art. 31]
The applicant shall be responsible for preparing and submitting
any documentation that may be required by the DHCD to receive LIP
approval and to qualify the Affordable Housing Units for listing on
the SHI. The applicant shall also be responsible for providing annual
compliance monitoring and certification to the Town or its monitoring
agent and to pay for the costs of the Town for providing such compliance
monitoring.
If any provision of this bylaw is held invalid by a court of
competent jurisdiction, the remainder of the bylaw shall not be affected
thereby. The invalidity of any section or sections or parts of any
section or sections of this Inclusionary Housing Bylaw shall not affect
the validity of the remainder of the Town of North Andover's Zoning
Bylaw.