The purpose of this article is to promote the
inclusion of below-market-rate housing units, hereafter referred to
as "affordable housing units," in residential developments so as to
increase the diversity of the Town's housing stock and provide housing
for those of low or moderate income.
[Amended 5-18-2004]
As used in this article, the following terms
shall have the meaning indicated:
AFFORDABLE HOUSING APPLICATION
Any application made to a commission in connection with an
affordable housing development by a person who proposes to develop
such affordable housing.
AFFORDABLE HOUSING DEVELOPMENT
In accordance with § 8-30g of the Connecticut
General Statutes, a proposed housing development which is assisted
housing or a set-aside development.
ASSISTED HOUSING
Housing which is receiving, or will receive, financial assistance
under any governmental program for the construction or substantial
rehabilitation of low- and moderate-income housing and any housing
occupied by persons receiving rental assistance under Chapter 319uu
or Section 1437f of Title 42 of the United States Code.
MEDIAN INCOME
After adjustments for family size, the lesser of the state
median income or the area median income for the area in which the
municipality containing the affordable housing development is located,
as determined by the United States Department of Housing and Urban
Development.
SET-ASIDE DEVELOPMENT
A development in which not less then 30% of the dwelling
units will be conveyed by deeds containing covenants or restrictions
which shall require that, for at least 40 years after the initial
occupation of the proposed development, such dwelling units shall
be sold or rented at, or below, prices which will preserve the units
as housing for which persons and families pay 30% or less of their
annual income, where such income is less than or equal to 80% of the
median income. In a set-aside development, of the dwelling units conveyed
by deeds containing covenants or restrictions, a number of dwelling
units equal to not less than 15% of all dwelling units in the development
shall be sold to persons and families whose income is less than or
equal to 60% of the median income and the remainder of the dwelling
units conveyed by deeds containing covenants or restrictions shall
be sold or rented to persons and families whose income is less than
or equal to 80% of the median income.
No parcel of land shall be considered for an
affordable housing development unless it complies with the following
standards:
A. Location in rural residence district. The land lies
within a rural residence district.
B. Development size and soil characteristics. The parcel
of land shall contain a minimum area of 25 contiguous acres, of which
at least 15 acres shall belong to Soil Class A, B or C.
C. Frontage. The parcel shall have 200 feet of contiguous
frontage on a public street.
An application for an affordable housing development shall meet the application requirements of Article
IV of Chapter
485, Subdivision Regulations.
For the purposes of affordable housing, a plan
of subdivision may include the following:
A. Accessory apartments. Accessory apartments may be
included in single-family residences or as a second story above a
garage attached to a single-family residence according to the following
provisions:
(1) The residence containing an accessory apartment shall
be built on at least a two-acre equivalent minimum buildable lot area.
(2) Lots shall have contiguous frontage of at least 200
feet on a public street or subdivision street.
(3) The single-family home and accessory apartment shall
not contain more than a total of five bedrooms.
(4) The accessory apartment is used for affordable housing
as defined in § 500–46.
(5) The accessory apartment complies with all other applicable standards of Article
IX of these regulations.
B. Two-family dwelling. Two-family dwellings are permitted
according to the following provisions:
(1) The two-family dwelling shall be built on at least
a two-acre equivalent minimum buildable lot area.
(2) Lots shall have contiguous frontage of at least 200
feet on a public street or subdivision street.
(3) Each dwelling unit in the two-family dwelling shall
have its own septic system and reserve area.
(4) The two-family dwelling shall not contain more than
a total of five bedrooms.
(5) At least one dwelling of the two-family dwelling is used for affordable housing as defined in §
500-46.
(6) The two-family dwelling complies with all other applicable standards of Article
X of these regulations.
C. Modification of Subdivision Regulations. In order
to promote the inclusion of affordable housing units in subdivisions,
the Subdivision Regulations may be modified according to the following
provisions:
(1) The required minimum buildable lot area must equal or exceed one as determined using the percentages applied to resource characteristics described in §
500-44 and Appendix B of these regulations.
(2) Lots shall have contiguous frontage of at least 150 feet on a public street or subdivision street or 25 feet for lots as provided under §
485-49B(4) of the Subdivision Regulations.
(3) A dead-end subdivision road ending in a cul-de-sac
shall not exceed 1,200 feet in length.
(4) The minimum lot rectangle shall be 100 feet by 150
feet.
(5) Single-family residences within the subdivision shall
contain no more than three bedrooms.
At the time of site plan approval of the subdivision, the Commission shall approve the designation of an administrative agency to register, monitor and administer guidelines for the rent, sale or resale of affordable housing dwellings to ensure they meet the requirements of §
500-46. The Killingworth Housing Agency shall be the Board of Selectmen.
A. Documentation. For assisted housing, copies of agreements, grants or contracts shall be provided documenting that the housing is assisted housing as defined in §
500-46.
B. Certification and approval.
(1) Prior to the issuance of a zoning permit for an affordable unit, a certificate in the form of an affidavit verifying that the housing meets the definitions of §
500-46 shall be approved by the agency.
(2) The affidavit shall include copies of covenants or
restrictions conveyed by deeds requiring that:
(a)
In the event of any resale by the owner or any successor, the resale price shall not exceed the then maximum sale price for said unit as determined in accordance with §
500-46.
(b)
Rents of affordable housing units for rent shall not exceed the maximum as determined in accordance with §
500-46.
(c)
The restrictions shall remain in effect for
40 years after the initial occupation and shall apply to the resale,
the purchase and subsequent leasing, and the conversion to the common
interest form of ownership and subsequent sale of any unit of affordable
housing.
[Amended 5-18-2004]
(d)
Such covenants shall run with the land and shall
be enforceable by the agency until released by the Commission.
(e)
The title restrictions in Subsection
B(2)(a),
(c) and
(d) above will automatically terminate if the title to the mortgage is transferred to the Secretary of Housing and Urban Development or Connecticut Housing Finance Authority or the Veterans Administration by foreclosure or deed in lieu of foreclosure or if the mortgage is assigned to the Secretary of Housing and Urban Development or Connecticut Housing Finance Authority or the Veterans Administration or the title to the mortgage is transferred by foreclosure or deed in lieu of foreclosure to a national, federal or state-chartered commercial bank, savings and loan association or credit union whose deposits are federally insured. This regulation applies only to affordable housing units within an approved affordable housing subdivision available and offered for sale on the date this regulation becomes effective.