It is the purpose of the Mixed Income Housing Development regulations
to encourage flexibility in site design and housing construction thereby
promoting housing choice, economic diversity and open space preservation.
Variety in housing types, including single-family cluster development,
will help meet community needs now and in the future, including the
need for lower cost residential housing. These regulations are intended
to ensure that lower cost housing developments are constructed in
full compliance with all of the requirements of this section as well
as other applicable town ordinances and regulations. A mixed income
housing development shall be consistent with soil types, terrain and
infrastructure capacity and shall be sensitive to maintaining the
rural character of the community and of the neighborhood in which
it is located.
AFFORDABLE UNIT
A unit in a Mixed Income Housing Development conveyed by
a deed containing covenants or restrictions which shall require that,
for at least 40 years after the initial occupation of the proposed
development, such unit shall be sold at, or below, prices which will
preserve the unit as housing for persons and families whose income
is less than or equal to 80% or 60% of the median income.
MAXIMUM MONTHLY HOUSING COST
The costs that are to be included when calculating maximum
allowed rents and sale prices for the affordable units. Maximum monthly
housing cost shall not be greater than 30% of income, where such income
is equal to or less than 80% or 60% of the median income, and which
cost shall include the costs for periodic mortgage payments, based
on a commercially reasonable down payment for housing buyers and prevailing
interest rates at the time of sale; taxes; insurance; common charges
in the case of ownership in a common interest community; heat; and
utility costs, including hot water and electricity, but excluding
cable television.
MEDIAN INCOME
The lesser of the state median income or the area median
income of the Town of Newtown, as determined by the United States
Department of Housing and Urban Development (HUD).
MIXED INCOME HOUSING DEVELOPMENT (MIHD)
A housing development in which not less than 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 at, or below, prices which will preserve the units as housing
for persons and families whose income is less than or equal to 80%
or 60% of the median income. Of the units conveyed by deeds containing
deed restrictions, a number of dwelling units equal to not less than
15% of all dwelling units in the development shall be sold to persons
or 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
deed restrictions shall be sold to persons or families whose income
is less than or equal to 80% of the median income.
A Mixed Income Housing Development shall be permitted as a principal use in the Mixed Income Housing Development Zone, subject to the site development plan approval provisions of Article
X. The site development plan shall meet the standards, criteria, conditions and procedures which are set forth in Section 595-10.01.420 hereof, and the additional standards and criteria set forth below:
(a)
A Mixed Income Housing Development shall be located on parcels
of land having direct access to and frontage on an arterial or major
collector roadway as such roadways are identified in the Newtown Plan
of Development, as amended, so as to provide traffic access to such
Mixed Income Housing Developments without generating excessive traffic
on minor or local streets in residential areas.
(b)
Affordability plan. In conjunction with the submission of an
application for approval of a mixed income housing development the
applicant shall submit an affordability plan, which shall describe
in detail how the development will comply with the regulations regarding
maximum monthly housing costs and how the covenants and restrictions
will be administered as set forth in Section 595-3.03.200. Such affordability
Plan shall be consistent with the regulations set forth herein. An
affordability plan shall include at least the following:
1.
Designation of the person, entity or agency that will be responsible
for the duration of any maximum monthly housing cost restrictions,
for the administration of the affordability plan and its compliance
with the income limits and sale price set forth herein;
2.
An affirmative fair housing marketing plan governing the sale
of all dwelling units;
3.
A sample calculation of the maximum sales price of the intended
affordable units;
4.
A description of the projected sequence in which the affordable
units will be built and offered for occupancy and the specific location
of such units within the proposed development;
5.
Conditions of approvals, deeds, or restrictive covenants that
will govern the affordable units;
6.
The mechanism for maintaining common recreational facilities
and open space areas within the development.