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HomeMy WebLinkAboutAction_Item_4---Master Document v2 11-27-17Afforable Housing Ordinance Draft Rewrite 11/27/17 Page 1 of 23 Sec. 38.43.010. - Legislative findings. The city commission hereby finds: A. The Bozeman Community Plan establishes a goal to encourage an adequate supply of affordable housing and land for affordable housing in Bozeman. A lack of affordable housing affects the ability of many residents to find housing which is adequate for their basic housing needs. A lack of adequate housing affects health, social stability, and other issues which can have negative and intergenerational effects. To fulfill this goal, the community plan establishes an objective to promote the development of a variety of housing types, designs, and costs to meet the wide range of needs of Bozeman residents. B. The Affordable Housing Action Plan: 2012—2016 (action plan) analyzed housing needs and existing market conditions and determined housing affordability has become an acute problem as demonstrated by the number of households paying over 30 percent of their incomes for housing. A 2015 update to the city's housing needs analysis (action plan update) concluded that the group of home buyers with significant affordability gaps have incomes at or below 80 percent of the area medium income and are in need of subsidies and/or below-market home prices. The action plan update also determined that buying opportunities are increasingly scarce for home buyers with incomes between 60 percent and 100 percent of AMI, and that housing and land prices have increased faster than incomes for many of Bozeman's residents. C. Since the adoption of the Bozeman Community Plan and the action plan, the median sales price of housing has continued to climb. According to the action plan update, as of the end of November 2014, the median home price was $287,000.00. D. The Action Plan Update states that the number of detached homes priced below $250,000.00, a rough indicator of housing affordability for a family of three at 100 percent of AMI, has fallen from 48.4 percent of the market in 2012 to just 18.6 percent in 2014. E. There is a critical shortage of for-sale housingdwelling units affordable to Bozeman households with incomes at and below the area median income, as currently calculated by the U.S. Department of Housing and Urban Development. As a result, some residents pay excessive amounts of income for housing, reducing the amounts available for other necessities and a decent and adequate standard of living. F. Limited housing opportunities within the city requires households to seek housing outside of the city limits which has a negative impact on transportation infrastructure by adding unnecessary trips to the network. Increased driving distance to affordable housing also negatively impacts air and water quality. To maintain a sufficient resident workforce in all fields of employment, and to ensure Afforable Housing Ordinance Draft Rewrite 11/27/17 Page 2 of 23 the public safety and general welfare of the residents of the City of Bozeman, affordable housing needs must be addressed. G. The city can achieve its goals of providing more affordable housing and its goal of achieving an economically balanced community only if part of the new housing dwelling units built is are affordable to households with low and moderate incomes. H. The inclusionary housing regulations codified in this article will substantially advance the city's legitimate interest in assuring that additional housing isdwelling units built in the city that is are affordable to residents, including low- and moderate-income households and dispersed throughout the city in order to encourage economic integration of the city's residents. I. This article is adopted pursuant to the city's self-governing powers and the city's independent general police power to protect public health, safety, and welfare. Requiring affordable housing within certain developments is consistent with the community's housing goals of protecting the public welfare by fostering an adequate supply of housing for persons at all economic levels and maintaining both economic diversity and geographically dispersed affordable housing. J. Requiring developers of newly created market-rate housingdwelling units to provide some housing affordable to low and moderate-income households is reasonably related to the impacts of their projects because: a. Rising land prices are a key factor in preventing development of new affordable housing. New market-rate housing construction in Bozeman has generally created strong and increasing demand for a finite stock of unbuilt land within the city, and thus continues to drive up the price of remaining land. New development without affordable units reduces the amount of land development opportunities available for the construction of affordable housing. b. New residents of market-rate housing place demands on services provided by both public and private sectors, creating a demand for new employees. Some of these public and private sector employees needed to meet the needs of the new residents earn incomes only adequate to pay for affordable housing. Because affordable housing is in short supply in the city, such employees may be forced to live in less than adequate housing within the city, pay a disproportionate share of their incomes to live in adequate housing in the city, or commute ever increasing distances to their jobs from housing located outside the city. These circumstances harm the city's ability to attain employment and housing goals articulated in the community plan and place strains on the city's ability to accept and service new market-rate housing development. Sec. 38.43.020. - Purpose. The purpose of this article is to promote the public health, safety, and welfare by ensuring that the affordable housing needs of the residents of Formatted: Font color: Auto Afforable Housing Ordinance Draft Rewrite 11/27/17 Page 3 of 23 Bozeman are addressed. In addition, the purpose of this article is to ensure that quality housing is dispersed throughout Bozeman's neighborhoods for households of a variety of income levels including low- and moderate-income residents to meet the goals of the community plan and the action plan by encouraging a mix of housing types throughout the city and integrating affordable housing so as to not concentrate affordable housing in a particular area. In addition, the article is intended to alleviate the impacts that would result from the use of available residential land solely for the benefit of households that are able to afford market-rate housing and to mitigate the service burden imposed by households in new market-rate residential developments by making additional affordable housing available for service employees. The article is also intended to mitigate environmental and other impacts that accompany new residential development by reducing traffic, transit and related air quality impacts, promoting jobs/housing balance and reducing the demands placed on transportation infrastructure. The article provides residential developers and builders with a menu variety of options for satisfying the requirement of this ordinance to provide affordable dwelling units options from which to select alternatives to the construction of inclusionary units on the same site as market-rate residential developments, and provides incentives for housing developers and builders to ensure houses that dwelling units are constructed and sold in a manner that furthers the city's affordable housing goals. Finally, the article provides incentives for housing developers and builders who are not legally required to comply with the requirements for construction of inclusionary housing, but nevertheless choose to construct affordable housing. Sec. 38.43.030. - Applicability. A. This article applies to: 1.Subdivisions and site plans which are greater than one acre in size or propose ten or more market-rate homesdwelling units, to be created through development, new construction, substantial improvement or reuse. 2.Annexations where the net developable area of the annexing parcel when considering the applicable zoning could result in ten or more dwellings units. In such a case, the annexation agreement shall require the provision of affordable housing pursuant to this article. 3.Developments seeking to use incentives to develop affordable housing. B. Contiguous tracts under common ownership and control. A developer may not avoid the requirements for construction of affordable homes by submitting piecemeal applications for development. At the time of the initial application for approval of a subdivision or site plan, the developer shall identify all contiguous Commented [B1]: Proposed addition Afforable Housing Ordinance Draft Rewrite 11/27/17 Page 4 of 23 property under common ownership and control in the affordable housing plan required by section 38.43.100. C. Development applications approved prior to the effective date of this article. A site plan or subdivision having received sufficiency approval as of the effective date of this article or a preliminary site plan or preliminary plat granted approval prior to the effective date of this article may apply for one or more of the incentives described herein. Only that portion of the amended preliminary plat or site plan pertaining to the request for approval of one or more incentives will be subject to review. The requirements of section 38.19.130 for the amendment of plans will not apply. D. Newly proposed residential developments which include affordable housing in excess of this article's requirements for building affordable homes are eligible for incentives as provided in section 38.43.130. Such request shall require the preliminary plat or site plan to evidence compliance with all other requirements of this article. E.Exemptions. Developments comprised exclusively of rental housing units are exempt from these requirements. Sec. 38.43.040. – Definitions. 1. Affordable dwelling unit housing or affordable home. A dwelling unit for purchase by an owner-occupant that requires no more than 33 percent of a household's income for housing payments expenses and meets the definition of a lower-priced home dwelling unit, or moderate-priced homedwelling unit or affordable rental unit. 2. Area Median Income or AMI. As calculated by the U.S. Department of Housing and Urban Development (HUD), AMI is the median income for a family of four within a specific geographical area, such as Gallatin County. For each such region, HUD adjusts this AMI calculation for households of different sizes and updates the calculations annually based on estimated changes in area incomes. For purposes of this article, the city hereby adopts HUD's AMI calculations as an equitable and reasonable method to determine affordability, based on percentages of AMI specified in this article. 3. Affordable rental unit. Newly created dwelling unit for rental determined by the city in accordance with this article to be affordable to a household with an income at or below 60% of the AMI. 3. Builder. For purposes of this article, a builder is the person or legal entity, or their successor(s) in interest who constructs dwelling unit(s) subject to the Afforable Housing Ordinance Draft Rewrite 11/27/17 Page 5 of 23 requirements of this Ordinance and/or receives incentives for the production of affordable housing. 34. Common ownership or control. "Common ownership or control" refers to property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property. 45. Developer. For purposes of this article, a developer is the person or legal entity, or their successor(s) in interest who: (a) submits an affordable housinga plan for a subject property along with other submissions required for land use approvals, zoning, or permit reviews by the city, and/or (b) is the owner of property subject to this article during the development phase or a successor in title, such as a builder, obligated to implement the an affordable housing plan as required by this article with respect to one or more lots or parcels of land; and/or (c) receives incentives for the production of affordable housing. 6. Dwelling Unit. Any structure intended for residential occupancy. 57. Liquid assets. Assets such as cash, stocks, bonds or similar that can readily be converted to cash with no significant loss in value, but excluding long retirement assets such as IRA accounts, 401K accounts, pension funds, etc. Explicitly excluding retirement. 68. Lower-priced homedwelling unit. Newly created dwelling for purchaseunit, determined by the city in accordance with this article to be affordable to a household with an income between 65 percent andbelow 80 percent of AMI. 79. Market-rate homedwelling unit. Any dwelling unit subject to this article which is not an affordable home, including detached dwellings, attached town houses, and condominium units but not including housing units that are developed for exclusive use as a rental. The number of market-rate homes dwelling units in a development is used to determine the required number of affordable homes, as described in this article. 810. Moderate-priced homedwelling unit. Newly created dwelling for purchaseunit, affordable to a household with an income between 81 percent and 100 percent of AMI. 11. Qualified Buyer. A person or persons meeting the income guidelines necessary to qualify for purchase of a lower-priced or moderate-priced dwelling unit provided under this ordinance. Afforable Housing Ordinance Draft Rewrite 11/27/17 Page 6 of 23 12. Qualified Tennant. A person or persons meeting the income guidelines necessary to qualify for rental of an affordable dwelling unit provided under this ordinance. Sec. 38.43.050. - Requirement to build and sell affordable homesincrease the supply of affordable dwelling units. All development subject to this article must include affordable homesdwelling units. Sec. 38.43.060. - Number of affordable homes required.Requirement to provide for affordable dwelling units. The number of affordable homes a developer is required to build is a percentage of the total dwellings in the development plan.Developers and builders must separately meet the requirements of this ordinance pertaining to actions available to each as described below. A. The developer mayDevelopers must ensure that covenants, deed restrictions, or other encumberances on the development do not preclude the inclusion of affordable housing. Developers must provide for affordable housing by doing one of the actions below or a combination thereof approved by the Director of Community Development: 1.Build and sell low-priced homes. Ten percent of the total dwellings constructed within the subdivision or site plan must be built and sold at price targets as established by the city pursuant tosection 38.43.070 to households with incomes at or below 80 percent of AMI; or Providing a minimum of 20% of the lots in the development be at a size of between 2,000 and 2,500 square feet and lot coverage be restricted to no more than 50%. 50% of these lots to be provided at cost to the City, HRDC, Habitat for Humanity, a builder submitting an approved plan for construction of affordable dwelling units, or other approved provider of low income housing. Reduced setbacks or row houses are encouraged for dwelling units constructed on lots less than 2500 square feet in size. 2. Providing a minimum of 25% of the lots in the development be at a size between 2,000 to 4,000 square feet and lot coverage be no more than 50%. Fifty percent of these lots to be provided at cost to the City, HRDC, Habitat for Humanity, a builder submitting an approved plan for construction of affordable dwelling units, or other approved provider of low income housing. Formatted: Font: Not Italic Formatted: Font: Not Italic Afforable Housing Ordinance Draft Rewrite 11/27/17 Page 7 of 23 3. Providing a minimum of 15% of the lots in the development be at a size of between 2,000 and 2,500 square feet and lot coverage be restricted to no more than 50%. 25% of these lots to be provided at zero cost to the City, HRDC, Habitat for Humanity, a builder submitting an approved plan for construction of affordable dwelling units, or other approved provider of low income housing. 4. Providing 5% of the lots in the subdivision at zero cost to the City, HRDC, Habitat for Humanity, a builder submitting an approved plan for construction of affordable dwelling units, or other approved provider of low income housing. 25. Build and sell moderate-priced homes. 30 percent of the total dwellings proposed must be sold at price targets as established by the city pursuant to section 38.43.070 to households with incomes from 81 percent to 100 percent of AMI; orProviding an average density for the development of 10 dwelling units per acre, or greater. 36 .Build and sell a mix of both types of homes. If a developer proposes a mix of both lower-priced and moderate-priced homes, the developer starts with the ten percent calculation for lower-priced homes. For each lower-priced home eliminated from the resulting number, the developer may substitute three moderate-priced homes. The distribution of homes between the two categories of affordable homes will be identified in the affordable housing plan required by section 38.43.100.Making 10% of the lots available at cost to the City, HRDC, Habitat for Humanity, a builder submitting an approved plan for construction of affordable dwelling units, or other approved provider of low income housing. 7. Making a payment in lieu of providing for affordable housing equal to 10 % of the average selling price of 20% of the lots in the development. A lien requiring that 10% of the selling price of the lots chosen be paid to the Affordable Housing Fund will be placed on the lots at the time of platting. 8. Providing 10% of the lots to builders at a price affordable to a person purchasing a low priced home ( if land cost averages 20 to 25% and a low priced home is $200,000 Iincluding land) then the lot in this case should be provided at $40,000 to $50,000) 9. Providing 20% of the lots to builders at a price affordable to a person purchasing a moderate priced home. 20 to 2545,000 to $56,250 For the purposes of this ordinance, the lot cost for a 2 Commented [B2]: . Providing 5% of the lots in the subdivision at zero cost to the City, HRDC, Habitat for Humanity, a builder submitting an approved plan for construction of affordable dwelling units, or other approved provider of low income housing. Afforable Housing Ordinance Draft Rewrite 11/27/17 Page 8 of 23 bedroom or smaller affordable home shall be set at 25% of the cost of an affordable dwelling unit as defined in this ordinance; the lot cost for a 3 bedroom or larger affordable home shall be set at 25% of the cost of an affordable dwelling unit as defined in this ordinance. 10. 30% of lots are deed restricted to require homes be built with Accessory Dwelling Units which must be rented to a Qualified Tennant at below the fair market rental rate per the guidelines of the Department of Housing and Urban Development for a period of at least 5 years. 11. Providing an alternate plan to provide affordable housing for low income individuals approved by the Director of Community Development. B.Fractions. If the calculation of the required number of affordable homes results in a fraction of a home, this obligation will be satisfied by payment of a fee-in-lieu pursuant to section 38.43.140 or by providing an additional moderate-priced home.Builders must ensure that affordable dwelling units are constructed of durable materials, as approved by the Community Development Department, and meet all current life safety requirements. Affordable dwelling units, constructed to satisfy the requirements of this ordinance, must be sold, rented, or leased at or below the prices for affordable dwelling units stipulated in this ordinance. The affordable dwelling units required by this ordinance must be sold, rented, or leased to buyers, renters, or lessees qualified as low or moderate income persons under the terms of this ordinance. C. Within 30 days of the Community Development Department’s approval of an affordable housing plan required by this ordinance, developers are required to provide sales information to the City’s designated agent sufficient to facilitate the sale of the lot to a qualified purchaser. D. Within 30 days of the Community Development Department’s approval of a dwelling unit as plan required by this ordinance, the builder of the dwelling unit is required to provide sales information to the City’s designated agent sufficient to facilitate the sale of the dwelling unit to a qualified purchaser. E.Calculating number of affordable homes in phased developments. It is unit constructed to comply with this ordinance there is no qualified buyer, renter, or lessee for that affordable dwelling then HRDC will have the Right of First Refusal to purchase or rent the dwelling unit at the affordable Afforable Housing Ordinance Draft Rewrite 11/27/17 Page 9 of 23 dwelling unit price. Should HRDC refuse to purchase or rent the unit then the affordable dwelling unit is released from all encumberances placed on that unit by this ordinance and will count toward the construction of affordable dwelling units as required by this ordinance. 38.43.090 v2 10/11/17 Page 10 of 23 Sec. 38.43.070. - Pricing of affordable homes.Purchase and Rental Rates A. The city will calculate on an annual basis the maximum sales price a developer builder may charge for each category of affordable home dwelling unit required by this article as follows: 1. Lower-priced homes. The maximum sales price for lower-priced homes affordable to buyer-households with incomes from 65 percent to 80 percent of AMI will be calculated based on a household income of 70 percent of AMI. 2. Moderate-priced homes. The maximum sales price for moderate-priced homes affordable to buyer-households with incomes from 81 percent to 100 percent of AMI will be calculated based on a household income of 90 percent of AMI. B. Affordable home sales price schedule. 1. The city will annually publish a schedule of sales prices for low-priced homes and moderate-priced homes within 30 calendar days of the HUD's annual publication of updated AMI calculations. The sales price schedule will be effective on the date of publication by the city. The new sales price schedule will apply to applications for building permits received on or after the effective date of the new sales price schedule. A developer may request that a new sales price schedule apply to the sale of an affordable home approved under a previous sales price schedule. 2. The city, at the city's sole discretion, may recalculate the sales price schedule if prevailing mortgage interest rates have adjusted changed by 50 basis points or more over from the assumption used for the previous schedule. 3. Considerations. The following factors will be considered by the city in calculating the sales price schedule. The director of community development may make de minimis exceptions to application of these factors: a. AMI for the Bozeman area; b. Gross monthly income will be calculated as the appropriate HUD AMI calculations income divided by 12; c. The maximum monthly payment will be 33 percent of gross monthly income. The maximum monthly payment will include costs directly applicable to a mortgage such as payment of principal, interest, as well as assumptions for typical costs of taxes, public assessments, property insurance premiums, mortgage insurance premiums (assuming the higher of either government or private mortgage insurance), and homeowner/condominium association fees; d. The interest rate will be determined by the city by a survey of at least three local mortgage lenders, averaging their current rates for Formatted: Font color: Auto, Not Expanded by / Condensedby 38.43.090 v2 10/11/17 Page 11 of 23 loans for homes with price ranges within the low-priced homes range and the moderate-priced homes range; and e. The financing will be a conventional or government-insured fixed- rate loan with a term of 15 to 30 years; and C. Household occupancy assumptions. To determine the maximum sales prices of affordable homes with different numbers of bedrooms, the city will base its calculation on the AMIs for households of different sizes, as follows: 1.Zero bedroom or studio unit: AMI for a one-person household; 2.One bedroom unit: AMI for a twoone-person household; 3.Two bedroom unit: AMI for a two-person household; and 4.Three bedroom unit or larger: AMI for a fourthree-person household. D. Affordable rental rate schedule. The maximum rental rates for affordable rentals covered by this ordinance, will be 60% or less of the maximum allowable Housing and Urban Development rental rates published by the Montana Board of Housing and in effect at the time the application for construction of the rental unit was submitted. Sec. 38.43.080. - Timing of delivery of affordable homeslots and dwelling units. Required lots for affordable homes dwelling units must be provided in accordance with the following: A. In each development in which more than one affordable home dwelling unit is required to be soldprovided, the affordable housing plan shall specify that lots for affordable homes dwelling units are to be sold provided concurrently and in proportion to the sale provision of unimproved lots or market-rate homes. Such timing of compliance will be represented in an affordable homes lots and dwelling units pricing and delivery schedule as described in section 38.43.100. B. A developer may provide affordable lots and a builder may build and sell affordable homes dwelling units earlier than required in an affordable housing plan. Amenities. Affordable homes shall have the same amenities as the market-rate homes in the development, including the same access to and enjoyment of common open space and facilities in the development.Sec. 38.43.090. - Minimum design and construction standards for affordable homes. A. Required number of bedrooms in affordable homes. In each development subject to the requirements of this article, affordable homes shall represent a mix of bedrooms per unit as similar as possible (given rounding of numbers) to the BA. Standards for design and construction. The city shall define reasonable standards for the design and construction of affordable homes dwelling units.to Formatted: Indent: Left: 0" 38.43.090 v2 10/11/17 Page 12 of 23 ensure livability and compatibility with nearby market-rate homes in the finishes as required by city design standards for affordable housing and must meet the design guidelines for the neighborhood. B. Amenities. Affordable dwelling units shall have access to the same amenities as the market-rate homes in the development, including the same access to and enjoyment of common open space and facilities in the development. may have different interior finishes and features than other dwellings within the development, as long as the finishes and features are functionally equivalent and of good quality. Finishes include, but are not limited to, design and materials, the provision of appliances, cabinets, and floor treatment. Features include, but are not limited to, the numbers of bathrooms, garages and parking areas, mechanical equipment and hookups, and green building features. 38.43.101 v2 10/30/17 Page 13 of 23 Sec. 38.43.100. - Submission of affordable housing plan; approval. A. Affordable housing plan. The applicant for any development seeking to utilize the incentivesrequired to create affordable housing or subject to the requirements of this article must submit an affordable housing plan in a form provided by or approved by the city that describes how the requirements of this article will be satisfied. When approved by the city, the affordable housing plan must be incorporated by reference in the recorded subdivision plat, site plan or annexation agreement. The applicant will provide only one affordable housing plan to meet the requirements of this article. B. Affordable housing plan as binding agreement. An affordable housing plan approved by the city will be considered a binding contract between the developer and the developer's successor in interest to the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is required to implement the affordable housing plan. C. Contents of affordable housing plan. The affordable housing plan submitted by the developer must include, at a minimum: 1. The method by which the requirements of this affordable housing ordinance will be satisfied; 1. Number of affordable homes proposed in each affordable home category; 2. The number of bedrooms in each affordable home; 32. Number of market-rate homes in the development; 4. The number of bedrooms in each market-rate home; 53. Location of affordable homes lots in the development (lots in the plat or units within a site plan); 4. Dimensions and squarefootage of the affordable lots and; 6. Timing of delivery of the affordable homes in relation to the market-rate homes in the development; 7. Marketing plan describing how affordable homes will be offered to the public; 8. Plan for construction of affordable homes in phased developments. It is anticipated that in developments being built in phases, the number of market-rate homes may not be certain at the time the developer submits the affordable housing plan. In such cases, the developer must estimate the number of market- rate homes and number of affordable homes for each phase. If the number of homes in the first phase of such development is certain at the time of the city's approval of the affordable housing plan, a separate affordable homes pricing and delivery schedule for that phase shall be incorporated in the affordable housing plan at the time of development or construction of each subsequent phase. As the number of homes in future phases becomes certain, the affordable housing plan shall provide for subsequent affordable homes pricing and delivery schedules for future phases of the development, consistent with the affordable housing plan; and 38.43.101 v2 10/30/17 Page 14 of 23 95. Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of this article. D. Pricing and delivery schedules in affordable housing plans. The affordable homes pricing and delivery schedule shall be in the form of a chart that contains the numbers of required affordable homes by bedroom count and affordable home category, and shall indicate the current affordable home prices as calculated by the city. ED. Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial application approval process for the type of development proposed. A condition shall be attached to the approval of any subdivision plat or site plan to require recordation of the affordable housing plan or other separate agreement obligating the developer to meet the requirements of this article. Sec. 38.43.110. - Marketing, sales and occupancy of affordable homes. Developers Lots and dwelling units subject to this article shall be marketed and sold through the City’s agent market and sell affordable homes in accordance with provisions described in the city's published instructions for preparing affordable housing plans. These provisionsThe City’s agent will address factorsprovide services such as waiting list management, marketing materials, responsibilities for marketingof affordable homes, actions to be taken in the event of inability to identify qualified buyers, procedures for certification of buyer eligibility, purchase contracts, and full disclosures to buyers of their obligations and rights under this article. In order to be considered as satisfying the requirements of this ordinance dwelling units must be sold to and occupied by a Qualified Buyer or Qualified Tennant except that iIf after 120 90 days after the of completion of an affordable dwelling unit constructed to comply with this ordinance and provision of all required information to the City’s agent no qualified buyer, renter, or lessee has entered in to a contract to prchase, rent, or lease the unit then HRDC will have the right of first refusal to purchase or rent the dwelling unit at the affordable dwelling unit price. Should HRDC refuse to purchase or rent the unit then the affordable dwelling unit will be released from all encumberances placed on that unit by this ordinance and the unit will count toward the construction of affordable dwelling units as required by this ordinance. calendar days of marketing efforts on the part of the developer of an affordable home in compliance with the city's published instructions the developer has not executed a purchase contract with a qualified buyer, the developer may enter into a purchase contract with a buyer at a sales price that shall not be subject to the maximum sales prices established pursuant to 38.43.070. In such a case, upon closing of the sale the developer must pay the city the difference between the sales price and the price of the affordable home as set out in the approved Sec. 38.43.120. - Recording requirements upon sale of affordable home. 38.43.101 v2 10/30/17 Page 15 of 23 The developer, or the city or its agent if the city is involved in the sale of an County Clerk and Recorder, simultaneously with the recording of the deed of conveyance, a restrictive covenant, deed of trust or other legal instrument, approved as to form by the Bozeman City Attorney that fulfills the resale and recapture requirements described in section 38.43.160. Sec. 38.43.130. - Incentives available for developers of affordable housing. Developers may apply for incentives in conjunction with a development application by submitting an affordable housing plan pursuant to section 38.43.100.will be granted any or all of the following incentives to facilitate the provision of affordable housing. Incentives Description Lower Priced HomesDw elling Units Moderate Priced HomesD welling Units 70% AMI 80% AMI 90% AMI Impact fee subsidy Full or partial subsidization of impact fees, paid from municipal funds if such funds are available; such subsidization must be secured with a lien instrument due upon sale, transfer or non- rate/term refinance of the home. X X Down payment assistance Subject to the availability of funds, the city will provide on a first- come first-served basis, down payment assistance not to exceed $10,000.00 per home benefiting households. Down-payment assistance will only be provided directly to the qualifying homebuyer. This assistance shall be secured with a lien instrument due upon sale, transfer or non-rate/term refinance of the home. X X Waiver of subdivision pre- application Waive pre-application for subdivision when ten percent of units are designated for lower price homes. X X Reduction of parkland 1 Allow a 1:1 square foot reduction in the amount of parkland dedication required per square foot of lot size for lower homes. If a developer provides more than the required number of lower priced homes, the lot area square footage of the additional lower priced homes shall not further reduce the required parkland dedication.Delete any parkland requirement for affordable housing lots. Parkland dedication is not required for affordable housing lots within a mile of an existing or planned park. X Formatted: Font color: Dark Blue 38.43.101 v2 10/30/17 Page 16 of 23 Reduced minimum lot sizes Per the provisions in this chapter, affordable homes may utilize reduced setback requirements and reduced sized lots. The reduction in lot size shall be allowed to create an increase in maximum unit density beyond the maximum currently allowed in a given zoning district. X X X Concurrent infrastructure housing construction Concurrent construction of infrastructure and housing development at the installation of gravel-base roads, provided the developer has provided assurance through a performance bond, letter of credit or other financial security acceptable to the city attorney ensuring the completion of infrastructure. This provision applies to affordable dwelling units and up to 50% of the market rate homes in a development includes affordable dwelling units. X X Expedited review for affordable housing 1+1 Detached homes and attached homes in groups of less than six units will receive expedited (three business day) building permit review for affordable housing. For each building permit for an affordable home, a market rate unit will receive the same expedited review. X X X Reduced parking requirements Reduced parking requirement of two spaces per three-bedroom dwelling. X X Longer Block Lengths When 10 or more lots in a development are provided for affordable housing block lengths in the development may be up to 800 feet without the provision of trails. X X X Park Access Parks in developments providing 10 or more lots for affordable housing are required to have streets on only two sides X X Building Permits When the developer has provided assurance through a performance bond, letter of credit or other financial security acceptable to the city attorney ensuring the completion of infrastructure, Building Permits for up to 20% lots in the development will be issued before the infrastructure is complete and punch list items have been corrected. X X X Sec. 38.43.132. - Incentives available to builders of affordable dwelling units. Builders will be granted any or all of the following incentives to facilitate the provision of affordable housing. Incentives Description Lower Moderate Formatted: Font: 10 pt Formatted: Font: 10 pt 38.43.101 v2 10/30/17 Page 17 of 23 Dwelling Units Dwelling Units 70% AMI 80% AMI 90% AMI Low Priced Lot Builders will be provided low priced lots made available by developers through the city or its agent when they agree to construct on the lot and sell a low or moderate priced dwelling unit that will be sold to a qualified buyer X X X Dwelling Unit Bonus Upon Completion and sale of a low or moderate priced dwelling unit to a qualified buyer the builder will receive a dwelling unit bonus, subject to availability of funds $8,000 $6,500 $4,000 Rental Dwelling Bonus Upon execution of an agreement with the City to provide a low income dwelling unit with the city or its agent to provide low income rental units to qualified tenants for a period of not less than 10 years the builder will receive a dwelling unit bonus, subject to availability of funds $1,000 per unit $800 per unit Energy Efficiency Builders may apply for an energy conservation bonus when using construction techniques, materials, or systems that substantially reduce the energy requirements of the dwelling unit Open Open open Sec. 38.43.134. - Incentives available to qualified buyers of affordable dwelling units. Qualified Buyers will be granted any or all of the following incentives to facilitate the provision of affordable housing. Incentives Description Lower Dwelling Units Moderate Dwelling Units 70% AMI 80% AMI 90% AMI Down Payment Assistance Subject to the availability of funds, the city will provide on a first-come first-served basis, down payment assistance not to exceed $10,000.00 per home benefiting households. Down-payment assistance will only be provided directly to the qualifying homebuyer. This assistance shall be secured with a lien instrument due upon sale, X X X Formatted Table Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 9 pt Commented [B3]: Greg will fine tune these numbers 38.43.101 v2 10/30/17 Page 18 of 23 transfer or non-rate/term refinance of the home. Down payment assistance will be forgiven at a rate of 10% per year for each year the owner occupies the home. Dwelling Unit Purchase Facilitation The City will provide through its agent assistance for qualified purchasers to become pre-qualified to purchase dwelling units that may become available through this ordinance. X X X Sec. 38.43.140. - Alternative means of compliance; payments of fees-in-lieu. A. Alternatives to building lower-priced homes. The city may authorize a developer otherwise required to provide affordable homes within a development to provide an alternative means of compliance of equal value to the affordable homes otherwise required to be constructed pursuant to this article. B. Allowable alternative means of compliance. If approved by the city, a developer may satisfy the affordable housing requirements of this article by providing (i) a cash or in-kind payment in lieu or (ii) a donation of land. 1. Payment of cash in lieu. Payment shall be made to the city of a payment of cash- in-lieu per a fee schedule adopted annually by the city commission. For each required affordable home not built, the cash-in-lieu amount will be the difference between the sales price of a lower-priced home according to the then-current schedule of affordable home prices and the sales price of a market-rate home. The sale price for the market-rate home will be based on a median sale price of dwellings of a similar type, location and square footage for the prior two years. Cash-in-lieu payments shall be paid prior to issuance of a certificate of occupancy for any dwelling or building in the development subject to this article. 2. Donation of land. Credits for donation of house lots or multifamily parcels. The city may accept donations to a city-designated community housing nonprofit entity of: (a) ready-to-build house lots; or (b) parcels of land suitable for construction of affordable multifamily housing. Restrictions on the donated lots or parcels will run with the land. Such donations, if approved, will provide credits against this article's requirements for building lower-priced homes. The credits will be determined as follows: a. House lots. The value of the lot or lots, as determined by a professional appraisal paid for by the developer, will be divided by the city's then-current average of cash-in-lieu payments for homes of different sizes. The product of that division to two decimal points will constitute the credit against the otherwise required number of lower-priced homes. b. 38.43.101 v2 10/30/17 Page 19 of 23 Parcels of land. The city shall periodically adopt a valuation for donation of 38.43.150. - Qualification of buyers of affordable homes. A. Lower-priced homes. To qualify for purchase of a lower-priced home, a buyer must meet the following criteria: 1. A household income in the 65 percent—below 80 percent AMI range, as verified and certified by the city; such certification must have been provided no more than one year prior to the closing date of the purchase. Income verification will be performed using HUD's online income certification tool or a similar method that meets Code of Federal Regulations (CFR) 24 Part 5, as amended, which adjusts gross incomes based on extraordinary expenses and imputation of assets to income. De minimis exceptions to the income limits may be made by the Director of Community Development. 2. Maximum liquid assets of $25,000.00 at the time of income certification. Exceptions may be granted by the director of community development based on extraordinary circumstances. 3. The household occupying the lower-priced home must meet the definition of "household" in 38.42.1420. 4. The buyer must meet one of the following definitions of "first-time homebuyer": a. An individual who has had no ownership interest in a principal residence during the three-year period ending with the date of purchase; or b. A single parent whose only prior home was owned with a former spouse while married; or c. An individual who is a displaced homemaker and has only owned with a spouse; or d. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations; or e. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of construction a permanent structure. 5. The buyer must contribute at least $1,000.00 towards the purchase of the home unless waived in writing by the city because of extraordinary circumstances, such as death of primary or secondary income earner or qualification as displaced homemaker. 6. The buyer must utilize conventional or government-insured fixed-rate first- mortgage financing with a term of 15 to 30 years. B. Formatted: Font color: Turquoise Commented [B4]: De minimis exceptions to the income limits may be made by the Director of Community Development. 38.43.101 v2 10/30/17 Page 20 of 23 1. A household income below 100 percent AMI, as verified and certified by the city; such certification must have been provided no more than one year prior to the closing date of the purchase. Income verification will be performed using HUD's online income certification tool or a similar method that meets Code of Federal Regulations (CFR) 24 Part 5, as amended, which adjusts gross incomes based on extraordinary expenses and imputation of assets to income. De minimis exceptions to the income limits may be made by the Director of Community Development. 38.43.160. - Subsidy recapture for lower-priced homes. To ensure that the community investment in affordable housing is perpetuated and that beneficiaries of affordable housing programs do not receive a windfall financial benefit, the city requires repayment of subsidies as follows: A. Requirement for repayment of cash subsidy. The buyer of a lower-priced home that received cash support in the form of funds from the affordable housing fund or other funding through the city, including but not limited to down payment assistance, impact fee payment, or other funding shall be required to repay the subsidy, at zero percent interest, when if the dwelling or propertyunit is sold, transferred, refinanced with equity converted to cash out within 5 years of the date of purchase or when the initial buyer who qualified for the subsidy has failed to abide by the requirements of this article. The subsidy will be recorded as a lien against the property at the Gallatin County Clerk and Recorders office. B. Requirement for repayment of non-cash subsidy. Because most or all lower- priced homes will be sold at a discount from market value, defined as the difference between the appraised value and the maximum allowed price of a lower-priced home at the time of the initial sale to a qualified buyer, the city commission finds that it gives a subsidy with cash value to the initial buyer which may be recaptured under certain circumstances. Therefore, upon resale or transfer of a lower-priced home, the city aims to further its housing affordability goals by recapturing the principal amount of the subsidy by use of a lien in favor of the city in that amount, which will be due and payable to the city, at zero percent interest, when if the home is sold or transferred within 5 years of the date of purchase or when the initial buyer who qualified for the affordable home has failed to abide by the terms of this article. The appraisal used to calculate the amount of subsidy may be the appraisal obtained by the buyer's mortgage lender or, if that is not available, a professional appraisal provided by the purchaser. C. Use of repayments to the city. The city shall only use repayments of the lien amounts to fund: 1. Down payment assistance for buyers of new or existing homes in Bozeman with household incomes at or below 80 percent of AMI;dwelling units created as a result of this ordinance. Commented [B5]: A household income below 100 percent AMI, as verified and certified by the city; such certification must have been provided no more than one year prior to the closing date of the purchase. Income verification will be performed using HUD's online income certification tool or a similar method that meets Code of Federal Regulations (CFR) 24 Part 5, as amended, which adjusts gross incomes based on extraordinary expenses and imputation of assets to income. De minimis exceptions to the income limits may be made by the Director of Community Development. 38.43.101 v2 10/30/17 Page 21 of 23 2. Affordable rental opportunities for residents of Bozeman with incomes at or homeownership opportunities for residents of Bozeman with income at or below 80 percent of AMI. 38.43.170. - Administration. A. Director of community development authority. The director of community development or an agent designated by the city commission shall have authority to promulgate and enforce all reasonable rules and regulations and take all actions necessary to the effective operation and enforcement of this article, unless such authority is expressly reserved to the city commission or another city official, including but not limited to: 1. Reviewing a developer's affordable housing plan for compliance with this article; 2. Adopting all forms and prescribing the information to be given therein; 3. Monitoring developers' compliance with this article, notifying the developer of noncompliance, and ordering compliance; 4. Imposing any and all sanctions permitted by this article; and 5. Calculating the annual pricing targets for affordable homes and causing a sales price schedule to be published. The director of community development may make de minimis exceptions to the factors considered in calculating the price targets. B. Administrative manual. The city will publish administrative rules and instructions approved by the city commission, including but not limited to instructions for completing the affordable housing plan, and valuations required by this article, and the distribution of the required number of affordable homes between the two affordable home categories and required number of bedrooms. Such distribution by affordable home category shall be based primarily upon an assessment by the city of housing needs among the income groups corresponding to each affordable home category, but shall take into account the economic impact on developments subject to the requirements of this article. C. Verification of sales prices and income certification prior to closing. The city manager Director of Community Development may create standards for documentation the city will use to verify the sale price of a home created pursuant to this article. For the initial sale of an affordable home, the seller must provide the city with a copy of the HUD-1 form prepared by an attorney or title company indicating the sales price. The final sales price on the HUD-1 form may not exceed the maximum price for a specific affordable home as described on the approved affordable housing plan. in the current price schedule pursuant to section 38.43.070 plus an allowed maximum of $3,000.00 in buyer selected 38.43.101 v2 10/30/17 Page 22 of 23 upgrades, if allowed by the first mortgage lender underwriters. In addition, the city shall require certification satisfactory to the city of homebuyer income qualification. D. Monitoring completed sales. Upon receipt of a settlement statement for an affordable home, the city will determine if the completed affordable home sale complies with the approved affordable housing plan and the requirements of this article, and if not, respond to the noncompliance as provided in section 38.43.180. 38.43.180. - Noncompliance; sanctions. A. Discovery of noncompliance. If the city determines a developer or builder subject to an affordable housing plan has failed to comply with any terms or conditions of the affordable housing plan or this article, the director of community development or authorized agent shall notify the developer or builder of the noncompliance in writing and order compliance by the most reasonable and expeditious means as determined by the city. Notification shall describe a date certain by which the developer or builder must be in full compliance (which may not be less than one week or more than one year from the date of the notice), and shall describe: (i) the exact nature of the noncompliance; and (ii) the possible sanctions for noncompliance with this notification. B. Cancellation of incentives provided. If a developer sells a home for a price not in compliance with the approved affordable housing plan or any other recorded documentation obligating developer to comply with this article, the developer must, prior to the release by the city of the dwelling from the affordable housing plan or binding agreement, pay the city the difference between the sale price and the price of the affordable home as set out in the approved affordable housing plan or provide an alternative method of compliance approved by the Director of Community Development. C. Sanctions for noncompliance. In addition to other remedies available to the city pursuant to this article, if on a date certain by which compliance has been ordered by the director of community development or authorized agent, the developer or builder remains in noncompliance, the director of community development or authorized agent shall notify the city attorney of the noncompliance and request that sanctions be imposed. The city shall have the authority to impose one or more sanctions including but not limited to the following which the city deems most effective and appropriate considering the nature of the noncompliance: 1. Withholding or revoking building permits; 2. Issuing stop-work orders; and/or 3. Withholding certificates of occupancy.