Laserfiche WebLink
412.3.3 Off Site Provision. Donation of safe and decent fully finished housing units to the <br /> Yarmouth Municipal Affordable Housing Trust (Trust), as created under M.G.L., ch. 44, sec. <br /> 55C, for the Town's affordable housing program may be made by the developer in lieu of <br /> providing the required affordable unit(s) within the locus of the development. In the event that <br /> a developer wishes to make such a donation, the developer shall apply to the Zoning Board of <br /> Appeals for a Special Permit for permission to do so in accordance with the following <br /> provisions. <br /> The off site unit(s) may be newly constructed unit(s) or fully rehabilitated existing unit(s). The <br /> off site unit(s) must be substantially comparable in all material respects, including, without <br /> limitation, comparability of value, fit, finish, and amenities, to the units within the locus of the <br /> development. <br /> If the unit(s) to be donated are not substantially comparable to the unit(s) being replaced in the <br /> development, the Zoning Board of Appeals may, in its discretion, require either an additional <br /> payment to the Trust of the difference in value between the units within the locus of the <br /> development and the off-site unit(s) to be donated, or a donation of additional units, or both, to <br /> be used for the creation of affordable housing. All donated unit(s) must be provided in <br /> Yarmouth. <br /> For the purpose of determining substantial comparability and value the Zoning Board of <br /> Appeals may require that the developer submit one or more appraisal(s) by a Massachusetts <br /> Appraisal Institute-qualified appraiser approved in advance by the Zoning Board of Appeals of <br /> the properties in question performed at the developer's expense. Donations must be provided <br /> per Section 412.1.9. <br /> 412.3.4 Affordability. No Building Permit or Certificate to Occupy shall be issued by the <br /> Building Commissioner for the development until the developer has demonstrated that all of <br /> the applicable requirements of 412.1 have been met. <br /> 412.4 Fees in Lieu of Affordable Housing. <br /> 412.4.1 Purpose. The purpose of this section is to provide a means by which developers may <br /> meet the affordable housing requirements of 412.2, Inclusionary Zoning, by making a payment <br /> to the town in lieu of all or part of the affordable housing requirement. Said payment shall be <br /> used to create no less than the equivalent number of affordable housing units as would be <br /> required under Section 412.2. <br /> 412.4.2 Applicability. The provisions of this section shall apply to affordable dwelling units <br /> created under the Section 412.2 Inclusionary Zoning Bylaw. <br /> 412.4.3 Fees in Lieu of all or part of the affordable housing requirement. Developers of <br /> affordable housing units required by Section 412.2 Inclusionary Zoning Bylaw may, by right, <br /> make a cash payment to the Yarmouth Municipal Affordable Housing Trust (Trust), as created <br /> under M.G.L., ch. 44, sec. 55C, or to a special account established specifically for the creation <br /> and preservation of affordable housing, in lieu of providing the required affordable housing <br /> units within the locus of the development. Cash payments made to the Town are to be used <br /> for the creation of new affordable units by the Town, or its designee, in a manner outlined in <br /> 98 <br />