Town code—zoning—2309.11 Affordable Units
Note 2309.11.1.6 State LIP regulations regarding indistinguishability of affordable and market-rate units.
Affordable units.
In lieu of Article 22 of the Town's Zoning Bylaw (the "Inclusion of Affordable Housing" bylaw), the following standards shall apply in the MUOD. At least 25% of the dwelling units shall be affordable units. The term "affordable unit" shall mean a dwelling unit reserved in perpetuity for rental or ownership by a household earning less than 80% of area median family income, and priced to conform with the standards of the Massachusetts Department of Housing and Community Development (DHCD) for rental or ownership units set forth in 760 CMR 45.03(4), as amended from time to time, in order that such affordable units shall be included in the DHCD Subsidized Housing Inventory. Affordable units shall be subject to the following conditions:
Each affordable unit shall be affordable in perpetuity. A deed rider or other suitable restriction shall assure this condition. The deed rider shall be structured to survive any and all foreclosures.
When an affordable unit is proposed for sale, the continuing enforcement of the deed rider through subsequent resales shall be the subject of a monitoring agreement and in accordance with §§ 198-2207.3 and 198-2207.6 of Article 22 of the Town's Zoning Bylaw.
The deed rider and the monitoring agreement shall be drafted in compliance with 760 CMR 45.00 (Local Initiative Program), as amended from time to time, and guidelines promulgated thereunder. The deed rider and the monitoring agreement shall be subject to review and approval by the Planning Board and approved as to form by Town Counsel prior to the issuance of the first certificate of occupancy for any dwelling unit in the MUOD.
The affordable units shall conform to the DHCD standards for inclusion in the DHCD Subsidized Housing Inventory.
A right of first refusal in accordance with § 198-2207.7 of the Town's Zoning Bylaw shall be granted to the Town or its designee for a period not less than 120 days after notice thereof.
The affordable units must satisfy the design and construction standards of the Local Initiative Program, 760 CMR 45.00, as amended from time to time, with regard to indistinguishability from market-rate units. It is the intent of this Article 23 that the affordable units shall be eligible for inclusion in the DHCD Subsidized Housing Inventory as Local Initiative Program units.
The affordable units must be constructed and occupancy permits obtained at the rate of one affordable unit for every three market-rate units.
In computing the number of required affordable units, any fraction of a unit shall be rounded up, and the result shall be the number of affordable units to be built within the MUOD and not off site.
