Post on 28-Dec-2015
Inclusionary HousingModel Ordinances
October 24, 2008
Jennifer Czysz, Senior Planner
NH Office of Energy and Planning
Jill Robinson, Senior Planner
Rockingham Planning Commission
Creating Affordable Housing
Smaller Lot Sizes
Increased Density
Cluster Development
Mixed Use
Village Plan Alternative
TIF Districts
Public/Private PartnershipsMulti-Family HomesManufactured HomesSmaller HomesAccessory UnitsInclusionary Zoning
Inclusionary Zoning
Innovative Land Use Controls-RSA 674:21 (k)
NH RSA 674:21 IV (a) Definition
Inclusionary Zoning is a “voluntary incentive” that can “induce the property owner to produce housing units which are affordable to persons or families of low and moderate income.”
The Regulatory Crux
Incentive based
Developer must receive something of value which allows the purchase price to be lower.
A quid pro quo
This is a carrot – developers can NOT be required to build affordable units
Examples
Amherst – Greater density in exchange for smaller lots
Chester – Three developments – result: 18% of units reserved as affordable
Exeter – One development – result: 33% of units reserved as affordable
Nashua – New and very clear ordinance
Model Ordinance Contents
Purpose and Authority
Applicability
Definitions
Incentives
Requirements
Assurance of Continued Affordability
Administration, Compliance, Monitoring
Purpose and Authority
…to encourage and provide for the development of affordable housing…
Supporting DocumentationMaster PlanRegional Housing Needs Assessment
Innovative Land Use - RSA 674:21 (k)
RPC Model
Adds this language: To comply with the requirements of SB 342, An Act establishing a mechanism for expediting relief from municipal actions which deny, impede, or delay qualified proposals for workforce housing
This law will become RSA 674:58-61
RPC Model
Adds this language: In the course of implementing this Article, the Town of ___ has considered the region’s affordable housing needs as described in the Rockingham Planning Commission’s Housing Needs Assessment.
RPC Model: From Should to Shall
New law changes RSA 672:1 III-e:
…Opportunity for development of such housing including so-called cluster development and the including so-called cluster development and the development of multi-family structures, shoulddevelopment of multi-family structures, should shall not be prohibited or unreasonably discouraged by use of municipal planning and zoning powers or by unreasonable interpretation of such powers.
Applicability
Permitted LocationSpecified Zones,All Residential Zones, orTown-wide
Permitted UsesConditional Use Permit (RSA 674:21,I)More efficient than a special exceptionActs like a site-specific overlay or floating
zone
RPC Model: Applicability
New law states that workforce housing must be allowed in a majority, but not necessarily all of the land area that is zoned to permit residential uses within the municipality (674:59)
New Law: How Much Multi-family?
“This paragraph shall not be construed to require a municipality to allow for the development of multifamily housing in a majority of its land zoned to permit residential uses.”
Translation: you don’t have to allow multifamily in all of the 51%.
342 Pop Quiz: Multi-family is:
2 or more dwelling units
3 or more dwelling units
5 or more dwelling units
Definitions
Affordable HousingHousing Cost Burden – 30%
Differentiate between Renter and Owner Occupied
IncomeLow < 50% AMILow to Moderate 50-80% AMIModerate 80-100% AMI
New Law and RPC Model: Workforce Housing
Housing which is intended for sale and which is affordable to a household with an income of no more than 100 percent of the median income for a 4-person household
Rental housing which is affordable to a household with an income of no more than 60 percent of the median income for a 3 person household
Incentives
Possibilities include:
Density Bonuses
Fee Waivers
Utility Provision
Relaxed Regulations
Expedited Permit/Application Review
Financial Assistance – Reduced Land Cost
Growth Control/Phasing Exemptions
Incentives: ILU Model
Affordable Housing Categories and Incentives
Housing Type Set Aside
Density Bonus/ Minimum Site
Frontage Reduction
Low Income Rental Housing 15 to 25% 15 to 25%Moderate Income Rental Housing 20 to 30% 15 to 25%Low Income Owner-occupied Housing 5 to 10% 15 to 25%Moderate Income Owner-occupied Housing 10 to 20% 15 to 25%Moderate to Median Income Owner-occupied Housing 15 to 25% 15 to 25%
Incentives: RPC Model
Density bonus provision is an example only, town must consider if this bonus should be supplemented by other incentives. Town should audit regulations to see if regulations create barriers to reasonable and realistic opportunities.
Requirements
Compatibility of Style
Interspersed Throughout
Project Phasing
Income and Asset Certification
Project Affordability Verification
RPC Model: Adds Procedural Requirements
Key requirement: applicant must be given opportunity to establish cost of complying with conditions and the effect of compliance on the economic viability of the proposed project. 674:60 II.
Assurance of Continued Affordability
Binding Commitment
Maximum Resale Value
Maximum Rent Increase
Documentation of RestrictionsPlanning Board RecordsRegistry of Deeds
Administration, Compliance and Monitoring
Establish Administrative Entity
Certificate of Occupancy Requirements
Establish Monitors
Annual Reporting Requirements
Thank You!
Jennifer Czysz, Senior PlannerNH Office of Energy and Planning
(603) 271-2155jennifer.czysz@nh.gov
Jill Robinson, Senior PlannerRockingham Planning Commission
(603) 778-0885jrobinson@rpc-nh.org