[Added 7-17-2007 by Ord. No. 103]
The purpose of this article is:
A.
To provide affordable housing choices throughout the City, in furtherance
of the housing goals of the City of Beverly Master Plan and the City
of Beverly Affordable Housing Plan.
B.
To provide for a diverse, balanced and inclusive community, with
housing for persons of all income levels as a matter of basic fairness
and social responsibility.
C.
To assure that affordable housing is made available on an equal basis
to all eligible households without regard to race, religion, age,
sex or other class status as defined in the federal Fair Housing Act
of 1968, as amended.
D.
To encourage the inclusion of affordable housing in all new residential
and mixed-use developments.
[Amended 7-9-2009 by Ord. No. 72; 6-19-2017 by Ord. No. 144A]
A.
This article applies to any development that results in or contains
six or more residential dwelling units. The types of development subject
to the provisions of this article include, without limitation, the
following:
(1)
A division of land resulting in the creation of six or more residential lots. Developments shall not be segmented to avoid compliance with this section. "Segmentation" shall mean divisions of land that would cumulatively result in an increase of six or more residential lots above the number existing on a parcel of land or contiguous parcels in common ownership or control 24 months prior to the application. Where such segmentation occurs, it shall be subject to Article XV. A subdivision or division of land shall mean any subdivision as defined in the Subdivision Control Law, MGL c. 41, §§ 81K to 81GG, or any division of land under MGL c. 41, § 81P, when such division of land results in lots for residential use.
(2)
New residential construction or new mixed-use construction that
includes six or more dwelling units.
(3)
A development of six or more new dwelling units that involves
the redevelopment, reconstruction or rehabilitation of an existing
multifamily building or structure, if such development results in
an increase of six or more units in the number of dwelling units in
the original structure.
(4)
A development that will change the use of an existing building
from nonresidential to residential use.
B.
This article does not apply to nursing homes, projects meeting the
definition of subsidized elderly housing or congregate elderly housing,
nor to the rehabilitation of any building or structure wholly or substantially
destroyed or damaged by fire or other casualty; provided, however,
that no rehabilitation or repair shall increase the number of dwelling
units on the lot as existed prior to the damage or destruction thereof,
except in conformance with this article.
C.
Any other development with dwelling units to which this article does
not otherwise apply may elect to be subject to this article, provided
the development meets all applicable requirements herein. Special
permits authorized under this article for developments with six or
more dwelling units may also be granted to any other development with
dwelling units, in the discretion of the Planning Board.
[Amended 6-19-2017 by Ord. No. 144A]
A.
Except as provided below, each affordable unit created under this
article shall be sold or rented by using one of the following affordability
scenarios:
[Amended 2-13-2023 by Ord. No. 279]
(1)
No
less than 12% of dwelling units shall be affordable to a household
with income at or below 60% of the area median income that applies
to subsidized housing in the City of Beverly, as reported annually
by the U.S. Department of Housing and Urban Development (HUD), adjusted
for household size.
(2)
(Reserved)
(3)
(Reserved)
B.
In the instance of a fraction, a fraction of a lot or dwelling unit
shall be rounded up to the nearest whole number. Nothing in this section
shall preclude a developer from providing more affordable housing
units than required hereunder.
C.
Development projects creating or containing six to nine dwelling units as established in § 300-103 shall provide one affordable unit sold or rented to a household with income at or below 60% of the area median income that applies to subsidized housing in the City of Beverly, as reported annually by HUD, adjusted for household size.
[Added 2-13-2023 by Ord. No. 279]
The Planning Board shall adopt affordable housing regulations
to administer this article and may from time to time revise said regulations,
following a public hearing for which notice has been given in accordance
with MGL c. 40A, § 11.[1]
A.
Affordable units shall be dispersed throughout a development and
be comparable to market-rate units in exterior building materials
and finishes; overall construction quality; and energy efficiency.
Interior finishes shall be in accordance with the Planning Board's
affordable housing regulations.[1]
B.
Affordable units in two-family, semidetached and multifamily dwellings
shall generally be similar in size (in gross floor area) to market-rate
units of the same type; provided, however, that the gross floor area
of the affordable units shall not be less than the minimum floor area
required by the Department of Housing and Community Development (DHCD)
for units eligible for the subsidized housing inventory as local initiative
program (LIP) units.
C.
For a development of detached one-family dwellings in a zoning district
in which said dwellings are permitted as of right, the following shall
apply:
(1)
Affordable detached one-family dwellings may be smaller than
market-rate dwellings, but in no event shall the gross floor area
of any affordable unit be less than the minimum floor area required
under the regulations or guidelines of the local initiative program
except by special permit from the Planning Board.
(2)
Alternatively, up to 20% of the units may be in two-family,
semidetached or multifamily dwellings of not more than three units,
and all or a majority of the required affordable units may be located
in said dwellings; provided, however, that the units shall conform
to the Planning Board's affordable housing regulations and shall not
be concentrated in one part of the development.
D.
In a development of multifamily units, affordable units shall be
dispersed throughout the buildings and the floors of each building,
such that no single building or floor therein has a disproportionate
percentage of affordable units.
E.
In a development of homeownership units, the affordable units may
be restricted for occupancy by eligible homebuyers or renters, or
sold to nonprofit organizations or public agencies that provide and
manage rental housing to low- or moderate-income households.
A.
Construction of affordable units on the locus of the development
("on-site units") shall be permitted as of right in any development
and is the preferred method of providing affordable units under this
article.
B.
The Planning Board may grant a special permit for one or more of
the following alternative methods, including any combination thereof.
In granting a special permit hereunder, the Planning Board may impose
any conditions it deems necessary to assure compliance with this article:
(2)
(3)
Donation of developable land in the City of Beverly to the Beverly
Housing Authority, the Beverly Affordable Housing Coalition, Inc.
or a comparable entity determined at the discretion of the Planning
Board, provided the receiving organization agrees in writing to accept
the land and the applicant demonstrates to the Planning Board's satisfaction
that said land is developable for an equivalent number of affordable
units in conformance with this chapter. Donated land need not be located
in the same zoning district as the development and shall be subject
to a deed restriction limiting its use to mixed-income or affordable
housing.
[Amended 6-19-2017 by Ord. No. 144A]
C.
In the R-6, RMD, RHD, RSD, CN, CC/CC2 or CG District, if the developer provides a greater number of affordable units on site than the minimum required to comply with § 300-106 above, the Planning Board may grant a special permit for "credit units" to reduce the number of affordable units that must be provided under this article in another development in a different location, whether in the same zoning district or a different zoning district. The developer may apply the credit units to a future project or transfer the credits in writing to another developer, provided that the credit units are used within 10 years from the effective date of the special permit.
[Amended 2-13-2023 by Ord. No. 279]
A.
The following dimensional and density regulations shall apply to any development that provides all of the required affordable units as on-site units; provided, however, that for purposes of determining a development's base maximum density and required percentage of affordable units under § 300-106 above, the building and area requirements set forth in Subsection D of §§ 300-30 through 300-34 shall apply.
(1)
In the R-90, R-45, R-22, R-15 or R-10 District, for each on-site affordable unit, the applicant may propose one additional dwelling unit over that which would otherwise be permitted in the district. The minimum lot area for any lot in the development shall be not less than 85% of the minimum lot area in Subsection D of §§ 300-30 through 300-34, as applicable.
(2)
In the R-6 District, for each on-site affordable unit, the applicant may propose one additional dwelling unit over that which would otherwise be permitted, except that if the development includes two-family or semidetached units and the required percentage of affordable units results in an odd number, the applicant may propose an additional unit in order to build an even number of units. The minimum lot area shall be not less than 85% of the minimum lot area for a detached one-family dwelling, nor less than 80% of the minimum lot area for a two-family or semidetached dwelling, as set forth in § 300-35D.
(3)
In the RMD, RHD and RSD Districts, for each on-site affordable unit, the applicant may propose two additional dwelling units over the number of units that would otherwise be permitted in the district. The minimum lot area shall be not less than 85% of the minimum lot area for a detached one-family dwelling, nor less than 80% of the minimum lot area per unit for a two-family or semidetached dwelling, nor less than 70% of the minimum lot area per unit for a multifamily unit, as set forth in Subsection D of §§ 300-36 through 300-38, as applicable.
(4)
In the CN District, for each on-site affordable unit, the applicant may propose two additional dwelling units over the number of units that would otherwise be permitted in the least restrictive adjacent residential district. The minimum lot area shall be in accordance with Subsection A(1) through (3) above, as applicable.
B.
The Planning Board may grant a special permit to increase the total number of units for any development that provides at least 50% of the required affordable housing units on site and the balance of such units off site, or to waive any other dimensional or density requirements in the applicable zoning district(s) when doing so furthers the purposes of this article and is not inconsistent with the City of Beverly Master Plan; provided that no special permit granted hereunder shall result in a total number of dwelling units exceeding the maximum number allowable under Subsection A above, and provided further that neither the maximum building height nor the number of required off-street parking spaces may be varied or waived by the Planning Board.
C.
The applicability of site plan review under § 300-98 shall be based on the maximum number of dwelling units allowable in accordance with building and area requirements for the applicable zoning district. When a development of multifamily or townhouse units would not be subject to said § 300-98 except for the provision of on-site affordable units under Subsection A above, site plan review shall be conducted in accordance with § 300-110C below.
A.
No building permit shall be issued until the Planning Board has reviewed
and acted upon a site plan submitted by the applicant in accordance
with this section.
B.
A development that is subject to site plan review under § 300-98 or 300-55 of this chapter shall be reviewed in accordance with the provisions of said sections. The Planning Board may request information in addition to the required site plan contents in § 300-98C or 300-55, and impose conditions on its approval of the site plan to assure that the development complies with §§ 300-106, 300-107, 300-108 and 300-109 above.
C.
For a development that is not subject to § 300-98 or 300-55, the applicant shall submit a site plan that conforms to the application requirements set forth in § 300-98C and the Planning Board's affordable housing regulations.[1]
(1)
The Planning Board shall conduct an administrative review of
the site plan at a posted open meeting, and may refer the plan to
the Design Review Board for comments and recommendations.
(2)
The Planning Board shall take final action on the site plan within 35 days of the date of the open meeting, and may impose conditions on its approval of the site plan to assure that the development complies with §§ 300-104, 300-105, 300-106 and 300-107 above. Failure of the Planning Board to act within 35 days of the open meeting shall be deemed as conclusion of review and it shall forthwith make its endorsement on said plan and, on its failure to do so, the City Clerk shall issue a certificate to the same effect.
(3)
For a development that constitutes a subdivision under MGL c.
41, §§ 81K through 81GG, site plan review may be extended
by written agreement of the applicant and Planning Board for purposes
of coordinating the review and decision periods of this section and
the Subdivision Control Law.
Affordable units shall be constructed or otherwise provided
in proportion to market-rate units. Proportionality shall be determined
by the number of building or occupancy permits issued for affordable
and market-rate units, or lot releases, as applicable. Affordable
units shall not be the last units to be built in any development covered
by this article.
The selection of purchasers or renters for affordable units
shall be carried out under an affirmative marketing plan approved
by the City Planning Director prior to the issuance of any building
permits for the development.
[Amended 2-13-2023 by Ord. No. 279]
A.
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. 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 MGL c. 184, § 26 or §§ 31
and 32.
B.
The applicant shall be responsible for preparing and complying with
any documentation that may be required by DHCD to qualify affordable
units for listing on the Chapter 40B Subsidized Housing Inventory
as LIP units.
C.
For a development that provides on-site affordable units:
(1)
No building permit shall be issued until the applicant executes
an enforceable agreement with the City and provides evidence acceptable
to the Planning Director that the agreement has been recorded at the
Southern Essex District Registry of Deeds.
(2)
For an affordable homeownership unit, no certificate of occupancy
shall be issued until the applicant submits documentation acceptable
to the Planning Director that an affordable housing deed rider has
been signed by the homebuyer and recorded at the Southern Essex District
Registry of Deeds.
D.
For a development that provides affordable units through a fee in
lieu of units, no building permit shall be issued until the applicant
pays at least 5% of the total required fee to the Beverly Affordable
Housing Trust Fund. Additionally, no more than 50% of the certificates
of occupancy shall be issued until the applicant pays at least 50%
of the total required fee to the Beverly Affordable Housing Trust
Fund. Ten percent of the total number of certificates of occupancy
shall be withheld until the applicant submits evidence acceptable
to the Planning Director that the remaining balance has been paid
to the Affordable Housing Trust Fund. The Planning Board may modify
the schedule for fee payment for projects covered by a single occupancy
permit.
E.
For a development that provides affordable units through a land donation,
no building permits shall be issued until the applicant submits evidence
acceptable to the Planning Director that the land has been conveyed
to the receiving organization identified in the Planning Board's
special permit and an affordable housing restriction has been recorded
at the Southern Essex District Registry of Deeds.
