(a) Intent and Purpose. See § 155-5.07(a) for detailed information.
(b) Defintions. See above.
(c) Applicability.
(1) This Section applies to any development, whether new construction, conversion, adaptive reuse or expansion of an existing structure, involving the creation of more than five dwelling units, or more than five Independent or Assisted Living Units, or more than five lots for residential use, Independent Living and Assisted living, outside of the Assisted Living Overlay Zone, § 5.11. Dementia Care or Skilled Nursing shall be exempt from this Section.
Developments may not be segmented to avoid compliance with this Section. "Segmentation" shall mean any development, whether new construction, adaptive reuse or redevelopment, or any division of land that would cumulatively result in an increase by five or more residential lots or dwelling units above the number existing on a parcel of land or contiguous parcels in common ownership twenty- four months prior to the application. Where such segmentation occurs, it shall be subject to this Section as a covered development. A subdivision or division of land shall mean any subdivision as defined in the Subdivision Control Law, M.G.L. c. 41, §§ 81K-81GG, or any division of land under M.G.L. c. 41, § 81P, into lots for residential use.
(2) This Section does not apply to the rehabilitation of any building or structure, all of or substantially all of which is destroyed or damaged by fire or other casualty or a natural disaster; provided, however, no rehabilitation nor repair shall increase the density, bulk or size of any such building or structure which previously existed prior to the damage or destruction thereof except in conformance with this Section.
(d) Basic Requirements. See
§ 155-5.07(d) for detailed information.
(e) Methods of Providing Affordable Units. See
§ 155-5.07(e) for detailed information.
(f) Location and Comparability of Affordable Units.
§ 155-5.07(f) for detailed information.
(g) Affirmative Marketing and Local Preference Policy. See
§ 155-5.07(g) for detailed information.
(h) Preservation of Affordability.
(1) Affordable units provided under this Section shall be subject to an Affordable Housing Restriction that contains limitations on use, occupancy, resale and rents, and provides for periodic monitoring to verify compliance with and enforce said restriction. Affordability restrictions shall be contained in applicable affordable housing restrictions, regulatory agreements, deed covenants, contractual agreements, land trust arrangements and/or other mechanisms to ensure compliance with the affordability requirements of this Section (collectively, "Affordable Housing Restriction").
(2) The Affordable Housing Restriction shall run with the land and be in force in perpetuity or for the maximum period allowed by law, and be enforceable under the provisions of Chapter 184, Section 26 or Sections 31-32 of the General Laws.
(3) The Affordable Housing Restriction shall provide that initial sales and rental of affordable housing units and their subsequent re-sales and re-rentals shall comply with federal, state and local fair housing laws, regulations and policies.
(4) The Affordable Housing Restriction shall provide that in the event that any affordable rental unit is converted to a condominium unit, the condominium unit shall be restricted in perpetuity in the manner provided for by Subsection (h)(1) above to ensure that it remains affordable to households in the same income range as prior to the condominium conversion.
(5) For a Covered Development that provides Inclusion Units. See
§ 155-5.07(h)(5) for detailed information.
(6) For a Covered Development that provides affordable housing through a cash payment in lieu of affordable units. See
§ 155-5.07(h)(6) for detailed information.
(7) For information on all legal documentation, see
§ 155-5.07(h)(7).