Findings and Purpose. 

Whereas, the City of Somerville is undergoing a period of substantial growth in real estate development and this growth is attracting an increasing number of  workers and residents to a city that is already one of the most densely populated urban areas in the United States; and

Whereas, this growth is further increasing the demand for affordable housing for low and moderate income households, which has been recognized by the City as an urgent need since 1989; and

Whereas, prior to the effective date of this act, developers, owners, and financiers have invested substantial time and funds and have relied reasonably and in good faith on the applicability to their developments of Article 15 of the Somerville Zoning Ordinance, including the issuance of special permits and special permits with site plan review granted in connection therewith; and there is a need to provide certainty that such special permits and special permits with site plan review are valid; and

Whereas, project mitigation contributions made by such developers prior to the effective date of this Act have provided revenues for affordable housing for low and moderate income households in Somerville; and there is a need to ensure that such revenues are secure and available for the provision of such affordable housing; 

Now Therefore, the purpose of this Act is (i) to ensure that developers shall contribute a fair share to the direct and indirect impacts of future development on the City of Somerville’s supply of affordable housing for low and moderate income households; and (ii) to validate actions taken pursuant to Article 15 of the Somerville Zoning Ordinance prior to the effective date of this Act.

SECTION 2.   Establishment of an Affordable Housing Linkage Fee Ordinance.

(A)              The City of Somerville (“City”) may, by ordinance, require the payment of a an affordable housing linkage fee (“linkage fee”), for any project, including a Planned Unit Development project, that (1) requires zoning relief, including without limitation, a special permit, special permit with site plan review, and/or site plan approval; and (2) contains a single use or combination of uses exceeding a square foot threshold to be determined from time to time by the Board of Aldermen. The ordinance shall specify the dollar amount of the linkage fee;  the method by which it shall be increased from time to time; and the types of uses to which it shall apply.

(B)      The City shall have the authority to create a distinct and separate revolving fund account into which affordable housing linkage fees shall be paid, and no such fee shall be paid to the City’s general treasury or used as general revenues subject to the provisions of section fifty-three of chapter forty-four of the General Laws.  The funds in such revolving fund account shall be administered by the trustees of a municipal affordable housing trust fund established by the Board of Aldermen for the purposes set forth in this Act.

(C)       The prior approval, grant, or enactment of all zoning ordinance amendments, zoning map amendments, special permits, and special permits with site plan review in connection with Article 15 of the Somerville Zoning Ordinance are acts of independent legal significance governed by the provisions of said zoning ordinance; and all such zoning ordinance amendments, zoning map amendments, special permits, and special permits with site plan review approved, granted, or enacted prior to the passage of this Act are hereby ratified.

SECTION 3.   This Act shall be effective upon passage.