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approved by the DHCD as eligible for the DHCD Ch 40B Subsidized Housing <br /> Inventory under 760 CMR 56.00, the LIP Program, as Local Action Units. The <br /> developer shall be responsible for preparing and complying with any documentation <br /> that may be required by the DHCD and the Town to qualify the affordable housing <br /> units for listing in the Chapter 40B Subsidized Housing Inventory. <br /> 5. At a minimum, every third unit out of four issued a Certificate to Occupy by the <br /> Building Commissioner shall be an affordable unit. Compliance with this regulation <br /> shall be determined on the basis of Certificates to Occupy for the affordable housing <br /> units and the market-rate units. The affordable unit(s) will not be the last to be built in <br /> any development. <br /> 412.2 Inclusionary Zoning. <br /> 412.2.1 Purpose. The purpose of this bylaw is to increase the supply of housing that is <br /> available and permanently affordable to low or moderate income households by requiring a <br /> portion of new dwelling units be restricted as affordable housing units and to promote <br /> geographic distribution of affordable housing units throughout the Town. <br /> It is intended that the affordable housing units created under this bylaw qualify as low or <br /> moderate income units for purposes of M.G.L., ch. 40B, sec. 20-23 and shall be in compliance <br /> with 760 CMR 56.00 the Local Initiative Program (LIP) and meet the guidelines and standards <br /> promulgated there under by the Department of Housing and Community Development (DHCD) <br /> for inclusion in the DHCD Ch 40B Subsidized Housing Inventory as Local Action Units. <br /> 412.2.2 Applicability. <br /> The inclusionary zoning provisions of this bylaw are applicable to: <br /> 1. Any project that results in a net increase of five (5) or more residential dwelling units, <br /> whether by new construction or by the alteration, expansion, reconstruction, or change <br /> of existing residential or non-residential space, including mixed used <br /> developments/redevelopments, and/or; <br /> 2. Any subdivision of land for development that results in a net increase of five (5) or more <br /> dwelling units. <br /> This bylaw section is not applicable to: <br /> 1. Congregate Living Housing as defined in Bylaw section 402; <br /> 2. Properties subject to the provisions of Bylaw section 404, the Motel Bylaw, or; <br /> 3. Pre-existing, legal housing that is merely being rehabilitated or repaired, provided there <br /> is no increase in the number of units resulting from said rehabilitation or repair. <br /> 4. Assisted Living Retirement Communities as applicable under Section 414, VCOD, <br /> pursuant to Section 202.5 Use Regulation Table (Use P5) and defined in Section 500. <br /> 96 <br />