[Added 3-10-2009 ATM by Art. 5]
[1]
Editor’s Note: Former Art. V, Airport
District, was repealed 3-14-2006 ATM by Art. 5.
The purpose of this article is to encourage and provide for
the development of affordable housing within Wolfeboro. It is intended
to ensure the continued availability of a diverse supply of home ownership
and rental opportunities for all income groups. This article was established
in order to meet the goals related to affordable housing provisions
set forth in the 2007 Wolfeboro Master Plan, and to meet the State
of New Hampshire requirement that all communities provide realistic
opportunities for the development of workforce housing. New units
should be located close to jobs and services while ensuring high-quality
design and energy-efficient construction. This will require a critical
conceptual review meeting between the Planning Board and the applicant
before project design begins. Additionally, in implementing this article,
Wolfeboro has considered the region's affordable housing needs as
defined in the Lakes Region Planning Commission's Housing Needs Assessment.
This innovative land use control is adopted under the authority
of RSA 674:21 and is intended as an inclusionary zoning provision,
as defined in RSA 674:21, I(k) and 674:21, IV(a).
A.
All applicants are encouraged to participate in a preapplication
review phase (RSA 676:4, II). The applicant may request a meeting
with the Board to discuss a proposal in conceptual form and in general
terms. Such preapplication consultation shall be informal and directed
toward:
(1)
Reviewing the basic concepts of the proposal.
(2)
Reviewing the proposal with regard to the Master Plan and Zoning
Ordinance.
(3)
Explaining the local regulations that may apply to the proposal.
(4)
Reviewing a yield plan for the site.
(5)
Guiding the applicant relative to state and local requirements.
C.
Permitted uses. In the interest of encouraging affordability, single-family, duplex and multifamily are all permitted within an application under this article irrespective of the permitted uses of the underlying zoning requirements in the areas identified in Subsection A above.
D.
Any person aggrieved by a Planning Board decision that constitutes
a denial of a special exception due to noncompliance with one or more
of the provisions of this article may appeal that decision to Superior
Court, as provided for in RSA 677:15. A Planning Board decision on
the issuance or denial of a special exception cannot be appealed to
the Zoning Board of Adjustment (RSA 676:5, III).
As used in this article, the following terms shall have the
meanings indicated:
Where the rent plus utilities for the dwelling unit does
not exceed 30% of the allowed individual household income.
Where the total cost of mortgage principal and interest,
mortgage insurance premiums, property taxes, association fees, and
homeowner's insurance does not exceed 30% of the maximum allowed income
of the purchaser. The calculation of housing costs shall be based
on current taxes, a thirty-year fixed rate mortgage, a five-percent
down payment, and prevailing mortgage rates within the region.
The median income of Carroll County as is established and
updated annually by the United States Department of Housing and Urban
Development.
As defined as "net family assets" by the Code of Federal
Regulations language (24 CFR Part 5, Subpart F), and as amended from
time to time.
As defined as "annual income" by the Code of Federal Regulations
language (24 CFR Part 5, Subpart F), and as amended from time to time.
A household income (as defined herein) that does not exceed
50% of the area median income.
A household income (as defined herein) that is more than
50% and does not exceed 80% of the area median income.
Any unit within a development, whether the unit is to be
owner- or renter-occupied, that is intended to be available for sale
or occupancy at the prevailing market value for the area similar to
comparable real estate transactions.
A household income (as defined herein) that is more than
80% and does not exceed 100% of the area median income.
Any dwelling unit intended to be conveyed in fee simple,
condominium or equity-sharing arrangement, such as a community housing
land trust and limited equity cooperatives.
Any dwelling unit intended to be leased.
The process of establishing the number of market rate units
that could be established under the existing development regulations
of the Town of Wolfeboro.
A.
Density bonuses for affordable units. A site plan or subdivision
plan that will guarantee a designated percentage of units reserved
as affordable housing may be approved with an increase in the density
of the site and a reduction of the minimum site frontage as is set
forth in . The Planning Board may allow a reduction of the minimum
lot size to accommodate the increased site density.
B.
Affordable Housing Incentives.
|
Housing Type
|
Designated Percentage of Affordable Units
|
Bonus Units
| |
|---|---|---|---|
|
Low-income rental housing
|
15%
|
15%
| |
|
Low- to moderate-income rental housing
|
20%
|
15%
| |
|
Low-income owner-occupied housing
|
5%
|
15%
| |
|
Low- to moderate-income owner-occupied housing
|
10%
|
15%
| |
|
Moderate-income owner-occupied housing
|
15%
|
15%
|
A.
The dwellings qualifying as affordable housing shall be compatible
in architectural style and appearance with the market rate dwellings
in the proposed development. The affordable units should be interspersed
throughout the overall development. The structures must also include
energy-efficient construction that will ensure long-term affordable
annual operation.
B.
To ensure that the application is completed as permitted, the dwellings
qualifying as affordable housing shall be made available for occupancy
on approximately the same schedule as a project's market units, except
that the certificates of occupancy for the last 10% of the market
rate units shall be withheld until certificates of occupancy have
been issued for all the affordable housing units. A schedule setting
forth the phasing of the total number of units in a project under
this article, along with a schedule setting forth the phasing of the
required affordable housing units shall be established prior to the
issuance of a building permit for any development subject to the provisions
of this article.
C.
To ensure that only eligible households purchase/rent the designated affordable housing units, the purchaser/renter of an affordable unit must submit copies of his/her last three years' federal income tax returns and written certification verifying that his/her annual income level, combined with household assets, does not exceed the maximum level as established by this article in §§ 175-31 and 175-32A. The tax returns and written certification of income and assets must be submitted to the developer of the housing units, or the developer's agent, prior to the transfer of title. A copy of the tax return and written certification of income and assets must be submitted to all parties charged with administering and monitoring this article, as set forth in §§ 175-34 through 175-35D of this article, within 30 days following the transfer of title.
In order to qualify as affordable housing under this article,
the developer must make a binding commitment that the affordable housing
units will remain affordable in perpetuity. This shall be enforced
through a deed restriction, restrictive covenant, or a contractual
arrangement through a local, state or federal housing authority or
other nonprofit housing trust or agency. The deed restriction, restrictive
covenant, or contractual arrangement established to meet this criterion
must make the following continued affordability commitments:
A.
Affordable units offered for sale and approved by the Planning Board
as part of a subdivision or site plan and subject to RSA 674:58 to
RSA 58:61 shall require a restrictive covenant and lien granted to
the Town of Wolfeboro. The initial value of the lien shall be equal
to the difference between the fair market value of the unit and its
reduced affordable sale price, which is indexed according to the qualifying
income standards. The Town of Wolfeboro lien is indexed over time
at a rate equal to a consumer price index identified in the restrictive
covenant and lien document. Future maximum resale limits shall be
calculated as the fair market value minus the adjusted lien value
and a transaction administrative fee. Subsequent sales prices are
not limited based on income targets, but on the housing unit's fair
market value, minus the adjusted lien value. The restrictive covenant
and lien shall be in a form approved by the Planning Board.
B.
Affordable housing rental units shall limit annual rent increases
to the percentage increase in the area median income, except to the
extent that further increases are made necessary by hardship or other
unusual conditions.
C.
Deed restrictions, restrictive covenants, or contractual arrangements
related to dwelling units established under this article must be documented
on all plans filed with the Wolfeboro Planning Board and the Carroll
County Registry of Deeds.
A.
This article shall be administered by the Wolfeboro Planning Board.
Applications for the provisions provided under this article shall
be made to the Planning Board and shall be part of the submission
of an application for site plan or subdivision plan approval.
B.
No certificate of occupancy shall be issued for an affordable housing
unit without written confirmation of the income eligibility of the
tenant or buyer of the affordable housing unit and confirmation of
the rent or price of the affordable housing unit as documented by
an executed lease or purchase and sale agreement.
C.
On-going responsibility for monitoring the compliance with resale
and rental restrictions on affordable units shall be the responsibility
of New Hampshire Housing and Finance Authority or another designee
identified by the Planning Board.
D.
The owner of a project containing affordable units for rent shall
prepare an annual report, due on June 30, certifying that the gross
rents of affordable units and the household income of tenants of affordable
units have been maintained in accordance with this article. Such reports
shall be submitted to the New Hampshire Housing and Finance Authority
or the designee identified for that project, and shall list the contract
rent and occupant household incomes of all affordable housing units
for the calendar year.
