Town
of
Affordable Housing Permit Procedure
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The Provincetown Local
Housing Partnership conducted a public meeting on Friday, November 17, 2006, at
10:0 a.m., and revised the following "Criteria for Evaluating
Affordable Housing Proposals and Procedures for Securing Affordable Housing
Permits." originally adopted on
CRITERIA FOR EVALUATING
AFFORDABLE HOUSING PROPOSALS and
PROCEDURES FOR SECURING
AFFORDABLE HOUSING PERMITS
December 1997
Revised November 2006
1. PURPOSE
A. Reasons For
Affordable Housing Allocations. The Town of
These
Affordable Housing Permits may make it possible for qualified builders to
develop affordable units without using the comprehensive permit, Chapter 40B of
the Massachusetts General Laws.
B. Support/Authorization from the PHP. It is in the developer's
interest to consult the Provincetown Housing Partnership early in the proposal
process. The PHP will when necessary help developers to secure technical
assistance in the planning of affordable housing developments. When and if the
PHP believes that a proposed development will meet the needs of the town, the
PHP will recommend to the Building Commissioner the award of Affordable Housing
Permits for a proposed development. Approval/ Authorization of an application
by the PHP must be secured before Affordable Housing Allocations can be
awarded.
Applicants
for Affordable Housing Allocations are responsible for following all procedural
requirements in this document. Small projects (one or two units) may be allowed
a simplified application process. The PHP may, but is not required to, accept
and consider an application that is not in proper form, to authorize any
Affordable Housing Permits for an application that does not meet the
requirements of Article 6, Section 6500 of the Town's Zoning Bylaws, or to
recommend the issuance of any permit for any proposal.
The PHP's recommendation will in effect translate into valuable
assistance to the proposed project, including but not necessarily limited to
favorable comment on the Regulatory Compliance Sheet [RCS] and/or before the
Selectmen, Planning Board, Zoning Board of Appeals, Historic District
Commission, and the Commonwealth's Department of Housing and Community
Development [DHCD].
C.
Availability of Guidelines. These guidelines are available
to any person, group or company proposing housing development in the Town, and
should be studied in advance of discussions between the developer and PHP.
These standards are intended as minimal standards and nothing herein shall bind
the PHP to accept or consider any proposal.
D. Continuing
Evaluation.
Because Affordable Housing Allocations are new and unique, and because it is in
the mutual interest of PHP and developer to make the system work as well as
possible and become a permanent part of Provincetown zoning, the PHP will
require periodic reports during the ENTIRE development process, culminating in
a final report which will contain, among other matters, actual costs and plans
(when required), and arrangements for monitoring/ managing resale in the case of
ownership units or continuing rent levels and tenant eligibility in the case of
rentals.
2. GENERAL PRINCIPLES
A.
A town permit should represent a fair exchange. A permit, which confers
priority or allows an exception such as a density bonus, involves the Town's
trading of a value in exchange for the solution of a community problem. (In the
case of Affordable Housing Permits, the problem is the acute shortage of
affordable housing.) While the Town welcomes the participation of the private
development community in the solution of the problem, The Town is committed to
solutions which benefit the town and its citizens, whether property owners or
tenants. Therefore the PHP encourages developers to demonstrate that their
projects include the maximum feasible proportion of affordable units. Priority will
be given to such proposal that include more than the minimum required.
B.
Relation to zoning. Developers are expected to
conform as closely as possible to
C. The
environmental concerns. The PHP will pay careful attention to the environmental concerns
raised by development insofar as they affect residents' and visitors' health,
safety, and general welfare, which the Town is committed to protect. Avoidance
or mitigation of any such conditions will be required. It should be understood
that Affordable Housing proposals will not be held to a higher standard then
those imposed on market developments. Specific expectations are detailed in
Section 9.A of these PROCEDURES.
3.DEFINITIONS
A.
Low/moderate Income. Standard definition: the U.S.
Department of Housing and Urban Development defines very low income as
households earning less than 50% of the area (Barnstable County) median income,
and low income as households earning between 50 and 80% of the area (county)
median, Moderate income refers to those with incomes between 80% of the median
income and the median income. All incomes vary with family size.
B.
Affordable Housing Allocations. As defined by Provincetown
Zoning Bylaw Article 6, Section 6500 eligibility for Affordable Housing
Allocations is limited to units serving renter households earning less than 50%
of the Barnstable County median income or purchaser households earning less
than 65% of the Barnstable County median income, adjusted in both cases for
family size. The discrepancy from HUD categories (above) takes into account the
Town of
C.
Affordable Housing. Standard definition: dwelling
units available at a cost of no more than 30% of the gross annual income of
households at or below 80% of the
D.
Qualified affordable housing unit purchaser or tenant. (Under Provincetown Zoning Bylaw Article 6,
Section 6500), Purchaser: an individual or family with household incomes not
exceeding 65% of the
4. PRICING OF UNITS
A.
Cost the most critical element of housing in
B.
Long-term Affordability. All deeds to affordable units
in a development must be recorded with a long-term affordability restriction,
which caps resale prices and defines eligibility for subsequent purchasers. The
restriction must include a right-of-first-refusal clause to the Town in the
event of resale or any other change of ownership, either of single units or of
multi-unit complexes. Responsibility for enforcing/administering resale
restrictions rests with the PHP or successor agency.
C. LIP and other regulations may
vary in long-term affordability.
Provincetown Zoning Bylaw regulations required affordability in
perpetuity. Developers are required to use current Town approved Affordable
Housing restriction Documents. The duration of affordable housing restrictions
will affect the priority given to proposals for Affordable Housing Allocations
LIP and HOME Regulations. Developers of all projects
consisting of more than two [2] units are expected to observe Massachusetts
Department of Housing and Community Development Local Initiative Program [LIP]
regulations regarding deed restrictions, ceiling prices, rents, eligibility to
purchase, etc., as addressed in the most current LIP regulations, or other
measures that ensure affordability. If County or State HOME funds are used, HUD
schedules must be reconciled with state regulations. These ceilings must be
reflected in financial projections submitted to the PHP as part of the consultation
process. If local regulations are more
restrictive than Home LIP Guidelines, the most restrictive guidelines shall
apply.
D. Condominium/
Management fees. Condominium fees are to be included as part of total housing costs for
the demonstration of affordability. Pricing of affordable units that include
condo fees or other common charges shall include condo fees assessed at the
same rate as comparable market rate units in the development.
5. COMPOSITION OF BUILDINGS/UNITS
A.
Mix of Units. Unless otherwise dictated by a market analysis
conducted or commissioned by the developer, preference will be given to
proposals that identified town priorities for mixed residential unit sizes.
B.
Accessibility. In developments over 10 units, one or more units
should be handicapped accessible if feasible. (The PHP recognizes that
rehabilitation of some older buildings make accessibility either physically
impossible or economically infeasible.)
C.
Conformance to State and Federal standards. Proposed developments are
expected to conform to HUD Housing Quality Standards [HQS] and to
6. DESIGN
A.
Compatibility. Architecture and design should be compatible with
the development's surroundings. Buildings whether newly constructed or
remodeled should harmonize with landforms, vegetation and natural features so
as to protect natural features while using them for noise abatement and visual
enhancement.
B.
Size and Scale. Size and/or scale of construction will be a
consideration in the assessment of compatibility.
C. Location
and Density. Site
and density are critical elements in compatibility and are the two factors most
likely to raise environmental concerns.
(1) Location. Priority will be given to
proposals, which avoid concentrating affordable housing or negatively impacting
water-sensitive areas of the Town. (For other Priority considerations, see
Section 4B.)
(a) As previously stipulated, developments
are encouraged outside the immediate neighborhood of other housing designated
as affordable housing developments.
(b) Potential developers contemplating new
construction or more intense use of existing structures should consult town
maps identifying water-sensitive areas (eg. Stearns and Wheeler). Proposals for projects in any such
area must describe proposed actions to mitigate negative impacts.
(2) Density. Affordable housing may require
greater density than allowed in local by-laws. While Affordable Housing Permits
may make it possible for qualified builders to develop affordable units without
using Chapter 40B, any proposed density greater than that allowed in
Provincetown Zoning By-laws Article 4, Section 4100 will be evaluated with
regard to financial necessities and the capacity of the site to accommodate the
proposed density without compromising health and safety as prescribed in Title V.
If found acceptable, increased density will be recommended by
the PHP to the appropriate Town or
D.
Design Standards. To the maximum extent
possible, developments should observe the consideration standards in 4162
of the Provincetown Zoning By-laws, the design standards in ' 3153 and the
yard, lot coverage and green area standards in ' 4130, 4140 and 4150.
However, cluster development is encouraged wherever feasible. Developers are
strongly discouraged from seeking variance(s) in provisions relating to
elevation 2331 or any provisions related to flood areas or governing enclosures
below a structure's lowest floor.
E.
Energy efficiency. Attention should be paid to
energy efficiency and reduced maintenance costs. Design exceeding HUD housing quality
standards [HQS] and state building and/or sanitary codes will be favorably
received.
F.
Integration of affordable and market units. Units designated as below
market rate or subsidized shall be integrated throughout a development and not
be distinguishable from the exterior. Interior features of affordable units
shall comply in all respects to the minimum design and constructions standards
set forth in the Local Initiative Guidelines by the Massachusetts Department of
Housing and Community Development, July 1996, or as amended. Affordable units
should be situated within the development so as to be in equally desirable
locations as market rate units and equally accessible to public amenities such
as open space. SEE CURRENT LIP GUIDELINES.
G. Timing
of construction or provision of affordable units or lots. To the maximum extent feasible,
affordable units shall be constructed or rehabilitated at the same time as
market rate units (if any.). Timing of development shall occur in accord with a
construction schedule, which shall be mutually agreed upon and set forth in
writing. The construction schedule must identify units as affordable or market.
This provision is intended to assure the inclusion and timely completion of the
affordable units.
7. DEVELOPER CRITERIA
A. Prior experience. The PHP will look for prior
relevant construction experience of both developer and development team,
although no member of the team is required to have previously developed
affordable housing. References will be checked. Developers should disclose any
less-than-satisfactory prior experiences rather than let the reference search
discover them.
B. Cooperation. The developer must demonstrate
a willingness to work cooperatively with all town boards and agencies through
construction completion and the issuance of a certificate of occupancy.
Examples of cooperativeness include but are not limited to
· Submission of complete application.
· Regular meetings with the PHP
and such agencies as request them.
· Availability of key personnel on
development team.
· Timely reports.
8. SUBMISSION PROCESS
A. First look. Developers must seek PHP input
before proceeding to formal proposals and presentations. As a first step the
developer should submit an overview of the proposed project and request an
appointment to discuss the project and receive PHP guidance. Small projects
(one or two units) may be allowed a simplified application process.
B. Coordination
of Submissions.
In the event that a developer is planning to apply for State or County HOME
funding, the developer may save time by submitting 3 copies of such
applications to the PHP (plus additional exhibits which may be requested by the
PHP), even if available only in preliminary form.
C. Formal
Review. After
preliminary discussion with the PHP, the developer must submit the following
information for formal review. The submission must follow the order given here,
in sections separated by numbered tabs. Three [3] copies of the application
should be submitted, although only one set of plans is required.
Tab 1:
(1)
Project name, contact person (address, telephone, fax, etc.), names and resumes
of members of the development team (owner, proposed lender, attorney,
consultant, architect, contractor, and management firm in the case of
rentals.)
(2)
Detailed project description including location, number of units and unit mix
with respect to ownership and/or rental.
(3)
Distribution of units by bedrooms, sale/rental prices, subsidized/market sale
or rental units.
(4)
Proposed density, total site area, total buildable
site area, total building coverage of site, site
coverage for walks, parking, roads and open space on site at completion.
(5)
Amenities, including Social and fiscal benefits estimated to derive from the
project.
Tab 2:
(6)
Site plan.
(7)
Locus plan showing contiguous and nearby uses, water supplies, schools, public
buildings, residences, and any known subsidized housing.
(8)
Preliminary site analysis including topography, existing utilities, town water,
wetlands, variances and/or permits needed or in hand.
(9) The
proposed water distribution system with comments from the Provincetown Water
& Sewer Board and a communal sewerage treatment and disposal system with
comments from the Provincetown Board of Health.
Tab
3:
(10)
Architectural concept including building and unit design.
Tab
4:
(11)
Housing subsidy or other government programs to be involved in the development.
(12)
Provisions for long-term affordability and the vehicle(s) intended to provide
it.
Tab
5:
(13)
Financial statement showing developer's ability to complete project.
(14)
Development pro formative applicable, operating budget.
9. REVIEWS AND EVALUATION PROCESS
A. Review. Upon receipt of a submission,
the PHP will assess it for completeness and if/when satisfied, schedule one or
more consultations with the developer, as many as necessary to permit
revisions. It is the objective of the PHP to work cooperatively with the
developer to reach the point of endorsement. All of the previously raised
concerns will become the basis for evaluation, along with these general
criteria:
(1) Suitability of the proposed
location for this proposal. Will nearby land uses be supported by or damaged by having the
proposed use carried out? What other uses of the site would be displaced or
preempted by this development? Are roads, drainage, and other public services
adequate? Is site subject to erosion, siltation,
potential groundwater or surface water contamination, habitat disturbance, or
loss of valuable natural vegetation? Has traditional public access to or along
the shoreline, if any, been maintained?
(2) Suitability of activity. Does proposed activity have
damaging seasonal consequences, including excessive addition to peak period
congestion? At what level does proposed housing contribute to year round
affordability?
(3) Suitability of design. Are scenic views from public
ways and developed properties treated with consideration? Is parking impact and
visibility minimized?
(4) Effect of project on fire, police and school
services, traffic, recreation, etc., and the mitigations proposed to prevent
excessive impacts.
(5) Feasibility. Does proposal give reasonable
assurance of successful completion? Does it promise an experienced and
adequately financed development team?
B. Prioritization. In the event of applications
for more than the available number of
Affordable Housing Permits, the
PHP will favor those proposals, which in its opinion best
meet the needs
of the town.
C. Authorization. Upon satisfaction of all
conditions outlined in these procedures and any others arising in the process
of consultation, the PHP will authorize release by the Inspector of Buildings
of Affordable Housing Permits. Authorization will be followed by support as
necessary before relevant officials and boards, at the developer's request.
Arturo
Alon, Chairman
Posted
Town Hall: www.ptovincetown-ma.gov