Transcript Inclusionary Housing

Inclusionary Housing
Model 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
Partnerships
Multi-Family Homes
Manufactured
Homes
Smaller Homes
Accessory Units
Inclusionary
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 Documentation
Master Plan
 Regional 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
development 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 Location
Specified Zones,
 All Residential Zones, or
 Town-wide

Permitted Uses
Conditional Use Permit (RSA 674:21,I)
More efficient than a special exception
 Acts 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 Multifamily?
“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 Housing

Housing Cost Burden – 30%

Differentiate between Renter and Owner
Occupied
Income
Low < 50% AMI
 Low to Moderate 50-80% AMI
 Moderate 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
Low Income Rental Housing
Moderate Income Rental
Housing
Low Income Owneroccupied Housing
Moderate Income Owneroccupied Housing
Moderate to Median Income
Owner-occupied Housing
Density Bonus/
Minimum Site
Set Aside Frontage Reduction
15 to 25%
15 to 25%
20 to 30%
15 to 25%
5 to 10%
15 to 25%
10 to 20%
15 to 25%
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 Restrictions
Planning Board Records
 Registry of Deeds

Administration, Compliance
and Monitoring
Establish Administrative Entity
Certificate of Occupancy Requirements
Establish Monitors
Annual Reporting Requirements
Thank You!
Jennifer Czysz, Senior Planner
NH Office of Energy and Planning
(603) 271-2155
[email protected]
Jill Robinson, Senior Planner
Rockingham Planning Commission
(603) 778-0885
[email protected]