Inclusionary Program Threshold Development Size for Applicability Affordability Period Set-Aside % For Sale or Rental Targeted Income Levels Group Preferences (ie Police, Teachers) Location w/in Development (Mixed In, Scattered, Concentrated) Size of Units Building /Land Separation? Density Bonus Other Incentives Alternatives (i.e. Payments in Lieu)
Fairfax County, VA        Affordable Dwelling Unit Program  [ADU Program]    (Adopted 1990) 50 or more market rate homes (with  a density greater than 1 du/a, and serviced by water and sewer) or developments of any number if applying for rezoning or special exception. Not apply to multi-family if 4 stories or more.  15 Years For Sale, 20 Years Rental .  Fairfax  County Redevelopment and Housing Authority has exclusive right to purchase up to 1/3 of affordable units and to lease up to 1/3 of rental units in a development.    12.5% For Sale, 6.5% Rental.  (set-aside is sliding scale indexed to the use of the density bonus by the developer.  Max set-aside for SF of 12.5% is required ONLY IF max density bonus of 20% has been used.  If smaller density bonus used, requirment is reduced proportionately.  For rental Max set-aside of 6.5% is only required if Max desity bonus of 10% is used.     Both For Sale:  Priced to HH with incomes less than or equal to 70% AMI. Rental:  33% of affordable units in MF projects must be priced to HH with incomes equal to or less than 50% AMI.  Other Rental to HH with incomes equal to or less than 70% AMI Dispersal encouraged but not required.  Will allow greater issuance of building permits for market rate (90%) IF dispersal. Location of affordable units must be on approved development mplan.  Phasing Requirement:  Permits must be issued for ALL affordable units before permits for 75% of MR have been issued.    No Separtation of building and land.  Deed Restriction. Covenants applicable to the affordable units must be recorded prior the recordation of the final subdivision plat.     10-20% Flexible Development Standards.  One innovative feature is the "great house credit"-gives developers and additional amount that can be spent on construction of affordable home IF improve the the exterior compatibility between the largest and most exclusive homes and the affordable homes in the development Fee In Lieu and Land Donation in "extreme cases"
Montgomery County, MD  Moderately Priced Dwelling Unit Program [MPDU Program] (Adopted 1974) 35 Units or More (w/ a density greater than 1 du/a) (Note:  This was recently lowered from 50 units).  Projects of less than 34 units do not have to meet this requirement IF a density bonus of 20% would impact environmental standards or not be compatible with the neighborhood.  As of April 1, 2005, control period is 30 years.  Previously, 10 Years For Sale, 20 Years Rental.          Program reserves the right to purchase 40% of the affordable homes in a development prior to the initial sale or rental.  Also, program can purchase the affordable homes on the first sale after the control period has ended.  Considering extending the control period 12.5-15% (exact set-aside is determined by  the amount of density bonus used in the development.  Ex. 12.5% if no density bonus; 15% if 22% density bonus) Both Priced to HH with incomes at less than or equal to 65% AMI May by regulation establish a buyer/renter selection system which considers HH size, County residency, employment in the County, and length of time certifed for a MPDU.  Give 90 day priority marketing period.  Dispersal encouraged, not required. Will allow higher sales price for units that are designed like the market rate units IF these units are dispersed.  MPDU Agrement including the location, number, type and construction schedule  of affordable units required to be submitted prior to issuance of Building Permit.     Phasing Requirement:MPDUs are built along with or before other dwelling units, no or few market rate units are built before MPDUs  Single-Family must have 2 or more bedrooms; Rental # of one bedrooms can not exceed market-rate efficiency and one-bedroom units ratios. Single-Family range from 1,000 to 1,200 SF. Townhouse 1,000-1,300 SF. Rental 850 SF.    No. Deed Restriction.  MPDU Agreement (entered into prior to buidling permit issuance) requires that the applicant provides a statement in the sales contract or lease that a covenant runs with the land for each MPDU unit sold or rented requiring affordability for control period. Up to 22% (is available by right) Fee Waivers, Flexible Design Fee in Lieu, Land Donation, and Units (signifcantly greater number required) Built Off-site in "extreme cases"
Davidson, NC          (Adopted 2001)  8 units or more.  7 units or less can contribute to housing fund.  30 Years 12.5% all developments EXCEPT farmhouse cluster, low-impact subdivision, and conservation easement subdivision.  Both 30% of affordable units must be priced to HH equal to or less than 50% AMI; Remainder priced for HH equal to or less than 80% AMI None mentioned. Dispersal encouraged, not required. No Phasing Requirments.  Note:  To date in approved developments, market units have been constructed and NO affordable units have been.   No Specific Design Standards. No.  Deed Restriction or Binding Contract to State or Federal Agency or Town Housing Agency OR Convey developed lots to Town Housing Agency.  No mention of when these must be executed.  None None Fee In Lieu in "extreme cases"
Chapel Hill Draft Ordinance                      (Consultant Mark White, January 2001) 5 units or more [not clearly stated].  4 units or less have option of: including 1 affordable unit; dedicating an off-site unit, dedicating land, providing a payment in lieu. (Section 3.10.2(b))    No Affordability Period Mentioned Not Specified.  Left  Template to be completed  which varied % by total # of units proposed in development (less than 5, 5-50, 51 or more) and to be distributed  between very-low income, low-income, and moderate income.  (Section 3.10.2(a)) Both,          But if Rental, Town must have ownership interest.  For Sale:  Affordable to a household earning the HUD low-income limit, with no unit exceeding a price affordable to a HH earning 10% points more than HUD low-income limit for Chapel Hill MSA.                             Rental:  Affordable to HH earning 10% less than HUD low-income limit for the Chapel Hill MSA, with no unit renting at a rate which exceeds 10% more than HUD low-income limit for area.    None mentioned. Dispersal not specifically mentioned. Prior to issuance of Building Permits, developer must enter into agreement which specifies the number, type, location, approximate size, and projected level of affordability of Affordable Dwelling Unit.  Phasing Requirement:  Affordable units must be constructed concurrently with or prior to market rate units. (3.10.6(a))    No Specific Design Standards. Maintained and restricted as Affordable Units through: contractual arrangements, restrictive covenants, resale and rental restrictions.  No building permits issued until such agreements are executed.  (3.10.1(e) and 3.10.6 (c)) None None Payment in Lieu (option for 4 units or less only); Off-site Units (developments w/4 units or less OR as allowed by Town Manager if on-site is infeasible or greater benefits can be shown. Can be done by land donation, dedication of existing units, payment in lieu.