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Developments may not be segmented or phased to avoid compliance with this bylaw. For <br /> example, the divisions of land that would cumulatively result in an increase by five or more <br /> residential lots above the existing on a parcel of land or contiguous parcels in common <br /> ownership as of May 1, 2009 shall be subject to this bylaw. <br /> 412.2.3 Mandatory Provision of affordable housing units. In any development subject to this <br /> bylaw, one in five of the dwelling units shall be restricted affordable in perpetuity, as per the <br /> following schedule: <br /> Total Number Units Number of Affordable <br /> Created housing units required <br /> 1-4 0 <br /> 5-9 1 <br /> 10-14 2 <br /> 15-19 3 <br /> 20-24 4 <br /> 25-29 5 <br /> 30 or more 1 for every 5 <br /> This requirement continues even if the total number of units exceeds 29. The affordable <br /> housing units must be in compliance with Section 412 of this bylaw. <br /> Affordable units must be constructed or rehabilitated on the locus of the development unless <br /> the developer provides the required homeownership units by donation as described in Section <br /> 412.3 Off Site Provision of Affordable Housing, or through a cash payment as described <br /> Section 412.4 Fees in Lieu or combination thereof. <br /> 412.2.4 Bonus Density. Except for cluster subdivision as outlined in Sec 402 of this Bylaw, <br /> and for projects developing under VCOD regulations of this bylaw, a bonus density shall be <br /> allowed, provided the affordable housing units are restricted in perpetuity. The minimum lot <br /> area required in the applicable zoning area may be reduced up to 20% and the side and rear <br /> setbacks may be reduced by up to 20% in order to permit up to one additional market rate unit <br /> on the property for each affordable unit required by this bylaw. Bonus density shall be allowed <br /> when the affordable housing units required are provided offsite by donation or through a <br /> payment of fees in lieu of providing the units in the locus of the development. No more than <br /> three (3) bonus units shall be allowed per development and no development shall be <br /> segmented or phased to avoid compliance with this limit. <br /> 412.2.5 No Building Permit shall be issued by the Building Commissioner until the developer <br /> has demonstrated that all of the applicable requirements of 412.1 have been met. <br /> 412.3 Off Site Provision of Affordable Housing. <br /> 412.3.1 Purpose. The purpose of this section is to provide a means by which developers may <br /> meet the affordable housing requirements of Section 412.2 by donating an acceptable dwelling <br /> unit to the Town in lieu of all or part of the required affordable housing. <br /> 412.3.2 Applicability. The provisions of this section shall apply to affordable residential <br /> dwelling units created under Section 412.2. <br /> 97 <br />