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By Mr. Hynes of Marshfield, petition (accompanied by bill, House, No. 1256) of Frank M. Hynes and others relative to the construction of affordable dwelling units within subdivisions. Housing. |
The Commonwealth of Massachusetts
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PETITION OF:
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By Mr. Hynes of Marshfield, petition (accompanied by bill, House, No. 1256) of Frank M. Hynes and others relative to the construction of affordable dwelling units within subdivisions. Housing. |
The Commonwealth of Massachusetts
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PETITION OF:
Barbara A. L'Italien
Timothy J. Toomey, Jr.
Robert L. Hedlund
Steven J. D'Amico
Denise Provost
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 9 of Chapter 40A of the
General Laws, as appearing in the 2002 Official Edition, is hereby amended by
adding the following paragraph:
“Notwithstanding anything to
the contrary in this section, a town may adopt a zoning by-law that requires
all plans for a residential subdivision or multi-unit residential project of 10
or more units to provide that up to 25 per cent of the total number of
units shall be reserved for the construction of dwelling units affordable to
persons whose household income does not exceed 120 per cent of the area median
income, as such income is determined by the federal Department of Housing and
Urban Development. In lieu of the construction of the required affordable
dwelling units within the project, the by-law may provide for the
construction of such units off-site or the payment of sufficient funds to a
separate account created by the city or town for such purpose. Any by-law
adopted under the provisions of this paragraph shall also allow for an increase
in density by reducing dimensional requirements to the extent that the project
proponent would be permitted to construct one additional unit
for every 10 units that are constructed. The municipality is hereby
empowered to set up said separate account to be administered by the municipal
treasurer. The powers set forth in this paragraph are in addition to, and do
not in any way derogate from, other municipal powers that allow
municipalities to encourage inclusionary zoning.”
SECTION 2. This act shall take effect upon its passage.