Affordable housing developments may have a dwelling unit density of 2.5 times the base density that is otherwise allowed in the base zone, as set forth in Part 1 of this Land Use and Development Code.
[Added 7-2-2024 by Ord. No. 24-97]
A.
Affordable housing developments on a lot with the ability to connect to public sewer shall be served by public sewer unless the Portland Water District (PWD) determines that there is not capacity in the sewer main or treatment facility. The PWD sewer connections shall meet the following requirements.
B.
For an affordable housing development without the ability to connect to public sewer, the septic systems on the lot in question shall be functioning properly at the time of application and shall be sufficiently designed to meet the new anticipated capacity required under all state and local regulations for septic systems. Clustered systems are prohibited as set forth in Chapter 230, Sewers, of the Town Code, Article IV, Private Wastewater Disposal Systems, § 230-14, Cluster systems prohibited.
A.
Affordable housing developments on a lot with the ability to connect to a public water main shall be connected into the public water main unless the Portland Water District determines that there is not capacity in the PWD water main to serve the lot and shall provide a PWD ability to serve letter prior to any approval of any site plan.
B.
For a lot served by private wells, the owner(s) must show evidence that water is potable and acceptable for domestic use prior to issuance of approval of any site plan.
A.
Prior to the issuance of a building permit for the construction of any dwelling unit within an affordable housing development, the owner shall execute and record in the Cumberland County Registry of Deeds a declaration of covenants encumbering the entire affordable housing development, in a form that has been reviewed and approved by the Town Attorney. This declaration of covenants must provide that for a period of at least 30 years after completion of construction of an affordable housing development, the occupancy of at least 51% of the dwelling units therein shall remain limited to households whose taxable income is at or below 80% of local area median income for rental housing (or 120% of local area median income for owned housing), at the time of initial occupancy. Such restrictive covenants shall be enforceable by the Town of Gorham or its designee.
B.
For any affordable housing development where not all units are "affordable," the developer shall designate which units are "affordable" and which are "market rate."
Notwithstanding the foregoing, an affordable housing development must comply with all shoreland zoning requirements imposed by this Land Use and Development Code and by the Maine Department of Environmental Protection.
This article shall not be construed to exempt affordable housing developments from the subdivision requirements imposed by Part 3 of this Land Use and Development Code.
The Board of Appeals may not grant any variance from the density bonus or minimum off-street parking standards set forth by this Land Use and Development Code.