[Added 9-11-2023 by Ord. No. 23-258]
This article provides for a density bonus for the creation of
affordable dwelling units in certain zoning districts per Title 30-A
Section 4364 in the State of Maine statutes.[1]
[1]
Editor's Note: See 30-A M.R.S.A. § 4364.
When used for the purpose of claiming the Affordable Housing Density Bonus outlined in Article XXI, "affordable" means:
For rental housing, a household whose income does not exceed
80% of the area median income can afford to rent the dwelling unit
without spending more than 30% of the household's monthly income on
housing costs.
For owned housing, a household whose income does not exceed
120% of the area median income can afford to own the dwelling unit
without spending more than 30% of the household's monthly income on
housing costs.
For the purposes of this definition, "area median income" means
the midpoint of a region's income distribution calculated on an annual
basis by the U.S. Department of Housing & Urban Development.
For the purposes of this definition, "housing costs" include,
but are not limited to:
For a rental unit, the cost of rent and any utilities (electric,
heat, water, sewer, and/or trash) that the household pays separately
from the rent; and
For an owned unit, the cost of the mortgage principal and interest,
real estate taxes (including assessments), private mortgage insurance,
homeowner's insurance, condominium fees, and homeowners' association
fees.
The maximum number of units allowed on a lot not used for
affordable housing based on the dimensional requirements listed for
the zone(s) in which the lot is located. This does not include any
other density bonuses, transferable development rights, or other similar
means that could increase the density of lots not used for affordable
housing.
A water system that provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections or serves an average of at least 25 people for at least 60 days a year as regulated by 10-144 CMR Ch. 231, Rules Relating to Drinking Water. This water system may be privately owned.
Any subsurface wastewater disposal system that discharges
over 2,000 gallons of wastewater per day as regulated by 10-144 CMR
Ch. 241, Subsurface Wastewater Disposal Rules.
A.
Density bonus. A residential or mixed-use development shall be allowed a maximum dwelling unit density of up to 2.5 times the base density (as defined in § 165-142) permissible in the underlying zoning district if the project meets the following eligibility criteria:
(1)
Affordability. After completion of the project, more than half of the total dwelling units, existing and new, on the same lot shall be affordable (as defined in § 165-142) for a period of at least 30 years.
(2)
Located in a growth area or served by water and sewer. The lot
is inside the Growth Boundary defined in the City's most recently
adopted Comprehensive Plan, or the lot is served by both a public,
special district, or centrally managed water system and public, special
district, or comparable sewer system.
(3)
Adequate utility capacity. The lot has adequate water and wastewater
services.
(4)
Zoning. The lot is located in the URD-2, M&SD, NSD, USD,
HDR, S&PS, or GC&S zoning districts.
(5)
Minimum lot sizing for septic. The subject property complies
with minimum lot size requirements in accordance with 12 M.R.S.A.
§ 423-A, as amended, if subsurface wastewater disposal is
proposed.
B.
Nonconforming situations. The density bonus may not be applied to
nonconforming lots.
C.
Fractional density. If a fractional results when calculating the
density bonus, the number of units shall be rounded down to the nearest
whole number.
D.
Long-term affordability covenant. Prior to granting a certificate
of occupancy for any dwelling unit in the project, or in a phase of
the project, the applicant shall:
(1)
Execute an affordable housing agreement, in such form as shall
be approved by the City Solicitor, containing a restrictive covenant
relating to the affordability of the dwelling unit, enforceable by
a party acceptable to the City, and record the affordable housing
agreement in the Penobscot County Registry of Deeds. The affordable
housing agreement shall require that for at least 30 years after the
issuance of the certificate of occupancy for a dwelling unit in the
project:
(a)
For rental housing, occupancy of all the dwelling units designated
affordable in the development to qualify for the density bonus, or
an equivalent number of affordable dwelling units in the project when
specific locations for the affordable units are not specified, will
remain limited to households at or below 80% of the local area median
income (i.e., within the area represented by the "Bangor, ME HUD Metro
Fair Market Rent Area" as defined by the U.S. Housing Act of 1937,
as amended) from the time of initial occupancy; and
(b)
For owned housing, occupancy of all the dwelling units designated
affordable in the development to qualify for the density bonus will
remain limited to households at or below 120% of the local area median
income (i.e., within the area represented by the "Bangor, ME HUD Metro
Fair Market Rent Area" as defined by the U.S. Housing Act of 1937,
as amended) from the time of initial occupancy.
(2)
For phased projects, the City may issue certificates of occupancy for dwelling units in a phase of a project only if a sufficient number of affordable dwelling units, subject to an affordable housing agreement consistent with Subsection D(1) above, are included in the phase so that more than 1/2 of the total number of dwelling units that will be approved for occupancy, as evidenced by certificates of occupancy, at the end of the phase constitute affordable dwelling units.
