Affordable Housing in Chittenden County: The Necessity of Regional Housing Coordination Justin Dextradeur, Research Associate. University of Vermont Community Outreach & Partnership Center (COPC) Executive Summary: While Chittenden County constitutes the state’s primary engine for economic growth – with Burlington regularly topping national lists of livable and desirable cities – disturbing trends in the region’s housing market have made it difficult for many working families to find decent, affordable places to live. The study, Out of Reach 2001: America’s Growing Wage-Rent Disparity, compiled by the National Low Income Housing Coalition, found that across the Burlington Metropolitan Statistical Area (MSA), full-time employment with an hourly income of $15.15 is needed just to afford the $788 per month Fair Market Rent for a two-bedroom apartment. This so called ‘Housing Wage’, calculated using HUD’s 2001 FMR values, is over two times Vermont’s current $6.25 minimum wage. With a large share of new jobs paying well below this level, many working families are driven into substandard housing or must spend far more than 30% of their income on housing. Long waiting lists and lingering prejudice against publicly-subsidized tenants force others to leave their communities, take up residence with their friends and family, or seek homeless services. Reflecting an increased demand in outlying areas, last year Vermont’s non-metro areas had the nation’s third largest increase in the Housing Wage (7.11%), with non-metro Franklin County recording the sixth highest regional increase (25.97%). The current crisis of housing affordability has two distinct aspects- an absolute shortage of housing that impacts affordability at all levels and an inadequate distribution of affordable housing among the region’s municipalities. The absolute shortage of housing is readily apparent, with vacancy rates hovering around 1% and market studies projecting even greater future shortfalls. Housing is considered affordable when households with incomes at or below the county (or MSA) median income pay no more than 30% of their income on housing costs. For renters this includes rent plus utilities and for homeowners, it includes mortgage, taxes and insurance. Currently, two-thirds of all subsidized-rent apartments are located in Burlington and Winooski, which together comprise only one-third of the county’s population. To improve access to affordable housing across the region and expand job opportunities for lower-income residents, new development cannot be allowed to intensify the current pattern. Fortunately, there is growing support for downtown development, planning grants, density bonuses, and other state and local policies that promote affordable housing. However, a comprehensive effort to address both aspects of the affordability crisis requires a strong commitment by each community. As such, an effective program of regional housing coordination will require voluntary participation by member communities, with incentives for implementation flowing from joint policy commitments and reinforced by supportive allocation of state resources. This type of cooperative self-regulation, known as a regional housing compact, constitutes an agreement among neighboring towns to meet common housing targets or adopt coordinated zoning ordinances. The concept has demonstrated measurable success in other states, and has been endorsed in past Chittenden County Regional Plans. A particularly replicable model can be found in the Regional Housing Policy adopted by the communities of Connecticut’s Capitol Region. In addition to presenting data on the distribution of housing costs and summarizing the existing regulatory framework, this report will outline the need for a coordinated housing policy in this region and advocate for provisions likely to contribute to its success. 1 The Problem of Affordable Housing in Chittenden County: Rapid population growth and declining household size has created a severe shortage of housing in Chittenden County, far outstripping the pace of new residential construction. As this shortage becomes more acute, low and moderate income residents are having an especially difficult time obtaining decent housing at an affordable price. Soaring property values in the county’s suburban and rural towns continue to erode the private market’s supply of affordable housing. Meanwhile, publicly subsidized affordable housing projects are directed mostly to traditional urban centers and a handful of older, inner-ring suburbs – concentrating low income families in a just few neighborhoods. In other New England states, this familiar pattern of economic exclusion has led to deteriorating cities and sprawling suburbs- while intensifying many associated social problems. While this vicious cycle of urban abandonment and economic exclusion may take 20-30 years to reach disastrous proportions, its destructive social consequences can be felt immediately. Chittenden County’s current decline in rental conditions could have the same long-term effect as numerous other triggers of urban flight in other U.S. cities. The terrible irony of this failed development strategy is realized only years later when the suburbs have run together and destroyed their original appeal as rural sanctuaries with convenient commutes. Another round of urban abandonment entails even further outward migration of jobs and upscale housing, creating another ring of disposable communities. It is well understood that both sprawl and economic segregation are manifestations of the same land use problem. The following issues have been identified as key contributors to Chittenden County’s affordable housing crisis: The Housing Requirements of Economic Growth: The growth of the regional economy, coupled a predominance of low-density housing development and justifiable agricultural and environmental constraints on the land supply, has led to a shortage of housing at every price. As this trend continues, employers will have to contend with the escalating cost of living faced by prospective workers living in Chittenden County. This puts an unnecessary damper on our economic expansion while driving many small businesses and life-long residents from the region. Alternatively, if housing development is increased at the expense of strong ‘growth center’ planning, the integrity of the landscape and access to recreational opportunities will be diminished. Since these amenities represent Chittenden County’s primary competitive advantage, such haphazard development also puts the entire economy at risk. To contain housing costs while preserving landscape amenities, higher density mixed-income development must take place in growth centers across the county. The Growing Jobs/Housing Imbalance: With the especially rapid growth of low-wage jobs in the larger suburbs, low-income workers living in urban neighborhoods have less access to both the region’s available jobs and informal social networks which transmit employment information and opportunities. In the absence of a comprehensive public transportation system, those who manage to find work outside city centers are forced to purchase and maintain cars- making their urban housing even less affordable. This jobs-housing imbalance is just one consequence of the broader pattern of economic exclusion, which serves to deepen problems of unemployment, poverty, and homelessness. A recent study of this phenomenon, Spatial Mismatch: The Location of Low-Wage Jobs and Affordable Housing in Chittenden County, is available upon request from the UVM Community Outreach and Partnership Center (copc@zoo.uvm.edu). 2 The Over-Concentration of Social Services: Urban municipalities which play host to a disproportionate share of affordable housing must also accommodate the demand for associated social services. This existing concentration of service providers is often used to justify the rejection of affordable housing in more exclusive communities, but it has been shown to be counterproductive in resolving the root causes of social problems. The special housing services required by aging Vermonters must also be distributed across the county so that elderly residents can remain a vital part of their communities. Closing the Door on Diversity in the Suburbs: The regional distribution of housing affordability is exacerbated by the common perception among residents of affluent suburban communities that their property values and neighborhood character will suffer with the addition of affordable housing. Once economic diversity has been lost, this resistance to low-income housing impedes the construction of diverse housing types. Low-density suburban and rural neighborhoods generally fear the property value impacts of any higher-density development – especially affordable housing. This widespread preference for large house lots serves only to accelerate land consumption in outlying areas- intensifying the region’s housing shortage, traffic congestion, and the cost of public services. Marginal Housing on the Urban Fringe: Manufactured housing, which constitutes much of the existing stock of rural affordable housing, often fails to meet basic safety and health standards and will require substantial re-investment in order to achieve income diversity. While this existing stock of rural affordable housing fills an important need, it presents similar accessibility problems as the city center for most low-income residents- with agricultural workers being one notable exception. While predominantly rural communities should seek to maintain and expand income diversity, the County’s most pressing need is for the fast-growing suburbs to create housing opportunities for workers of all incomes. The Pressure of Students and Second Homes: Chittenden County’s unique appeal has driven growth in both second home properties and enrollment at local colleges. The recent economic expansion has led to a surge in income for the wealthiest segment of our population, increasing the market for vacation or retirement homes in private rural settings. In addition, the emerging opportunities for telecommuting will allow higher-income residents of other states to relocate here for all or part of the year. Meanwhile, the widespread demand for low-quality rental housing by area college students has had a detrimental effect on urban housing affordability, directly displacing some of the County’s most needy residents and contributing to a surging homeless population. The Existing Housing Policy Framework: Under Vermont’s planning statute, every town is expected to create and approve a ‘comprehensive plan’ (commonly known as a master plan or town plan) to guide their community’s growth in accordance with required statutory planning purposes- which include ensuring “the availability of safe and affordable housing for all Vermonters”(Title 24, Ch. 117). Specifically, each Vermont community is directed to 1) encourage housing that “meets the needs of a diversity of social and income groups… particularly for those citizens of low and moderate income”, 2) the housing should be “safe, sanitary, located conveniently to employment and commercial centers, and coordinated with the provision of necessary public facilities and utilities”, 3) “Sites for multi-family and manufactured housing should be readily available in 3 locations similar to those generally used for single-family conventional dwellings”, and 4) to allow “accessory apartments within or attached to single family residences which provide affordable housing in close proximity to cost-effective care and supervision for relatives or disabled or elderly persons”(Sec. 4302(c)). Burlington Municipal Development Plan clearly articulates the purpose of such a town plan: “A community’s [plan] must be both visionary and strategic. The Master Plan outlines goals and objectives for the future and is the principle policy guide directing land use policy and decisionmaking. It defines the policies, programs, and specific actions necessary to obtain these objectives… A Master Plan is prepared every 5 years in accordance with state statute and has standing in statewide regulatory proceedings including Act 250. All City plans and programs which affect land use and development, including the Zoning Ordinance, Subdivision Regulations, Impact Fees and Capital Improvement Plan, must be in conformance with the policies and directives found in the Municipal Development Plan.” As such, the town plan is a robust vehicle for local political action- requiring the subsequent adjustment of many substantive land use policies. While most towns recognize their statutory responsibility to provide for a share of the region’s growth in their comprehensive plans, they have failed to define what their “fair share” is in terms of discrete targets for affordable housing units. They offer near universal “encouragement” for affordable housing development, but the quantifiable outcome of such encouragement is rarely specified and the exclusive provisions of local zoning ordinances remain unchanged. While State statute requires every town to conduct an inventory and analysis of current housing trends that “shall consider the probable social and economic consequences of the proposed plan,” the lack of a clear procedure to ensure compliance has allowed towns to skirt their responsibility to address the issue in a meaningful way (Sec. 4382(c)). State-mandated Regional Plans often advocate strongly for affordable housing needs, but their power to influence town policy is purposefully limited to ensure that planning decisions are kept accountable to local voters. Nonetheless, the responsibility to gather the necessary data and conduct “studies of the existing and projected housing needs by amount, type and location for all economic groups within each town and the region” falls to the regional commission (Sec. 4348a(a)(9)). The Chittenden County regional plan is an established vehicle for county-wide prioritization of land use issues and provides a broad vision and some general guidelines for local housing policy. In the absence of strong consensus among the eighteen member communities, the regional plan has yet to provide the kind of detailed targets and implementation steps required to address the distribution of affordable housing. To overcome the limitations of the current framework, an effective program of regional housing coordination should be based on voluntary participation by member communities, with incentives for implimentation flowing from local policy commitments and reinforced by supportive allocation of state resources and incentives. Regional Planning Commissions (RPCs) technically have the authority to reject town plans which fail to meet the statutory requirements, but for understandable political reasons they rarely take this confrontational approach. Instead, Chittenden County’s Regional Planning Commission (CCRPC) should assist the towns of the region in negotiating a common policy document that lays out measurable affordable housing goals for each town and a toolbox of suggested implementation steps that could be taken to achieve them. Termed a ‘regional housing 4 compact’, such a document would supplement the regional plan and eventually be incorporated by reference into each town’s comprehensive plan – carrying some measure of legal weight and requiring the implementation of new policies under flexible conditions. Vermont’s legal framework for planning, including Act 250 hearings, could help enforce such a compact only to the extent that member towns voluntarily adopt additional regulation. Depending on the design of the compact, its provisions could take effect on a town-by-town basis, or they could only be triggered when adopted by a certain number of towns. The Prospect of a Regional Solution It is important to recognize that in other states regional housing coordination has been mandated by both state officials and supreme courts, in many cases over the strenuous objection of impacted municipalities. Additional state support for improved planning and affordable housing construction will be essential to any effort to improve our current housing crisis here in Chittenden County. However, a voluntarily fair-share compact among the region’s municipalities offers some distinct advantages over the more rigid top-down approaches attempted in other states. Most importantly, it allows towns to design an equitable long-term policy solution that achieves incremental progress without causing unnecessary divisiveness and political backlash. The creation of a Chittenden County Regional Planning Commission task force to study regional housing issues, coupled with renewed efforts to form a regional Council of Governments, signals a growing focus on this pressing issue. In the short run, a compact’s true power may lie in the measurements of housing opportunity that could be used to develop local housing targets. By standardizing acceptable measures of affordable housing distribution and formally linking them to targeted outcomes, a compact would represent a strong statement of intent. It would help focus local attention and increase public awareness of the current shortage, fostering an understanding that the provision of diverse housing is in the interests of each community. Since the basic understandings of a regional compact are already present in many local comprehensive plans, a politically feasible compact would require only incremental progress toward distributional equity. To sustain the production of diverse housing opportunities over the long term, however, the commitment to regional coordination must become well established in local policy and public perception. Repeated public opinion surveys indicate that widespread concern and support for an issue does not ensure that individuals will make positive contributions through their own housing and voting choices. Consider for example the dramatic gap between attitudes and action on the related issue of sprawl- where an overwhelming majority of Chittenden County residents desire both an alternative to sprawl and the very homes which drive the phenomenon (VT Forum on Sprawl, 2000). While there are encouraging signs that urban sites are becoming more desirable, the housing market will continue to operate at cross purposes to long-term public welfare until there is a much larger shift in both residential and regulatory preferences. This is an especially critical question because sprawl is often fueled by a desire to avoid the perceived civic disruptions (crime, noise, etc.) that many mistakenly associate with economic diversity. While a voluntary regional compact appears to be the most politically acceptable path to achieving income diversity in the course of anticipated growth, it must be accompanied by 5 concrete changes in local land use regulations if current trends are to actually be reversed on the ground. The establishment of higher-density growth centers and preservation of important open land is already helping to shift the market in a more sustainable direction. However, the equitable provision of affordable housing will require the implementation of additional incentives such as inclusionary zoning with density bonuses, transfer of development rights, and abatement of various state property taxes – all in a way that remains revenue-neutral to the host communities. It is important to remember that countless public subsidies contributed to the exclusivity of growth in the suburbs, and it should not come as a surprise that some combination of mandates and incentives will be required to redress the inequitable distribution of affordable housing. However, it would be foolish to think that another unfunded mandate on local government would increase the chances of widespread adoption. Clearly, the problem of regional distribution of affordable housing cannot be adequately addressed without the firm commitment of key member towns. Thus, it is essential that there be a phase-in period sufficient to maintain local commitment to a fair share compact as the proportion of lower-income units increases. A successful compact would likely address the issue of open space conservation in tandem with affordable housing regulation in order to achieve a broad enough consensus for substantial zoning reforms. It must certainly give communities the time and resources needed to adequately plan out the future of their finite land base, while immediately spurring the construction of affordable housing in those municipalities where it is needed most. The application of community visualization software to present alternative development patterns would greatly assist in facilitating the necessary public participation. This being said, a number of gradualist approaches appear to be taking root through the on-going local planning process. The creation of specific density bonuses for affordable, elderly, and special needs housing and the waiver of permitting and/or impact fees may be paving the way for full-fledged inclusionary zoning provisions as suburban towns realize the benefits of balanced high-density growth, such as reduced traffic congestion and enhanced preservation of open space. The following section presents a summary and comparison of housing regulations in the various towns and cities of Chittenden County. Review of Housing Policies in Chittenden County Towns: Newly developed comparative tables (see attached) present summaries of the key local policies impacting the provision of affordable housing: 1) commitments to affordable housing in each town’s comprehensive plan, 2) implementation of these affordable housing provisions through zoning regulations and incentives, 3) the specific development standards known as ‘dimensional requirements’. The purpose of the three tables was to distill local policies related to housing affordability into a format that enabled direct, point-for-point comparison – while at the same time preserving the specificity of the source documents and thus the objectivity of the resource. To that end, the table entries are linked to supporting notes that cite the relevant text of each source document. The towns of Chittenden County are listed in declining order of population size in each table and, due to its small size, Buel’s Gore has been excluded from the analysis. The findings presented in Table 1 are based on document analysis of Chittenden County Town Plans, with the date of the most recent plan available for review listed alongside each town’s name. The first key finding is that seven of the eighteen towns in the County do not explicitly 6 recognize the region’s current shortage of affordable housing or its inequitable distribution among towns in their local plans. In addition, ten municipalities failed to include an appropriate definition of ‘affordability.’ The standard definitions used by the U.S. Dept. of Housing and Urban Development (HUD) and the Vermont Housing and Conservation Board (VHCB) include three basic elements which were used to evaluate the town plans. First, housing is affordable when households with incomes at or below the county median (or MSA) median income pay no more than 30% of their gross income on housing costs. For renters this includes rent plus utilities and for homeowners, this includes mortgage, taxes and insurance. Second, the thresholds used to define various income classes must be based on the regional, not local, median income. Third, income sub-groups designated as moderate, low, very-low, and extremely-low should be defined by 100 percent to 81 percent of median income, 80 percent to 51 percent, 50 percent to 31 percent, and 30 percent or below, respectively. A town plan’s definition was deemed appropriate if it correctly incorporated the first two criteria and used roughly comparable income sub-groups. When it came to simply recognizing the local responsibility to provide a ‘fair-share’ of the region’s housing needs, 12 of the 18 towns raised the issue in their plans. However, only Burlington, Colchester, Essex, and Essex Junction, went the next step to quantify what they believed to be a ‘fair-share’ for their respective community – often citing the need for a regional process to derive these local targets. On a positive note, every town in the county cited affordable housing in a Formal Goal or Objective, and they all contained verbal support of enhanced zoning bylaws to implement their housing goals. However, only 13 of the 18 used obligatory language to compel the implementation of zoning reforms intended to assist in the production of affordable housing. Additionally, 12 of the 18 proposed additional study related to affordable housing be conducted following the adoption of their plans. Table 2 presents a more direct comparison of the actual policies enacted in local zoning ordinances. Currently only Burlington has adopted an inclusionary zoning ordinance, but the communities of Williston and Charlotte have proposed future adoption of such a policy should their existing regulations fail to perform adequately. While some communities have utilized public land or financing on a per-project basis, only Burlington raises funds through a one cent property tax for an affordable housing trust fund. Similarly, some towns grant preferential property tax status on affordable housing projects (but have done so sporadically), while Burlington, Williston and Shelburne provide permit and/or impact fee waivers to perpetually affordable projects (with such a policy proposed in South Burlington, Essex, Milton, Hinesburg and Charlotte). Of the 13 towns which currently utilize a public wastewater treatment facility, two (Shelburne and Williston) give priority allocation of their limited treatment infrastructure to affordable housing projects (with Essex, Hinesburg, Richmond, and St. George proposing such preferential allocation sometime in the future). Taking this incentive one step further, only Shelburne currently reserves some of its infrastructure capacity to affordable housing units each year (with similar measures proposed in Williston and Richmond). Last, but certainly not least, the 12 towns with some form of density bonus for affordable or high-density housing are categorized by the size and eligibility restrictions of their density bonus. Of the twelve, only Colchester and Burlington provided for a greater than 25% bonus (100-400% and 100-355%, respectively) and three towns (Winooski, Richmond, and Underhill) had not yet enacted targeted density bonus provisions. Only two towns (Williston and Jericho) had enacted a Transfer of Development 7 rights ordinance to link a downtown density bonus with the conservation of open space in rural areas (with Colchester, South Burlington, Milton, and Essex Jct. proposing similar zoning). The purpose of Table 3 (available upon request) was to organize the current residential design standards contained within each town’s zoning ordinances into a comparable format. The most basic of these dimensional requirements is the maximum density (measured in units per acre) that can be built within each residential zoning district. This maximum net residential density is reported prior to the application of any density bonuses and has been illustrated in a map of the maximum housing density for each local zoning district in the county that permits greater than single-family residential uses. By consistently organizing the zoning data in a table, this linkage to a geographic information system (GIS) can also be used to create maps of the other dimensional requirements. The maximum density map, and its significance for housing affordability, is presented in the following section. The most fundamental long range goal for Chittenden County towns should be to raise the maximum zoning densities in their designated growth centers and implement inclusionary requirements for new construction. More than anything else, the combination of these two policy changes will enable towns to provide for the efficient use of their remaining land base and meet their foreseeable housing needs. Should they fail to do so, the current exclusionary patterns will surely intensify and towns will incur major long-term expenses associated with sprawling low-density housing development. Robert Burchell and David Listokin of Rutgers University have determined that even modest increases in density could reduce total capital costs by 25 to 60 percent for roads and 15 to 40 percent for water and sewer lines. Clearly, there are some areas where geographic and infrastructure considerations conspire to limit a town’s ability to host additional affordable housing construction in the short-term. While these factors may prevent towns from immediately reaching the targets of a regional housing compact, they would provide a reasonable justification for additional assistance and added flexibility through deferred or alternative compliance mechanisms. Quantifying Chittenden County’s Affordable Housing Needs Pending the release of detailed data from the 2000 Census, the most comprehensive study of affordable housing needs in Chittenden County can be found in Housing in Northwest Vermont: A Review of Demand and Supply of Housing in the Six County Region, a report prepared by Economic and Policy Resources, Inc. and Thomas Kavet Consulting for the Vermont Housing and Conservation Board. While the report’s study area included six northwest Vermont counties, it was also able to roughly estimate the housing demand and projected shortfall in Chittenden County. Since “nearly one-half of the projected housing demand and, by implication, housing need was generated by economic activity and population growth in Chittenden County, slightly under one-half of the anticipated demand and need for housing will likely occur in Chittenden County… Since rental units tend to be concentrated in urban areas, it is likely that Chittenden County – which includes the region’s significant metro area – could be expected to account for an even greater percentage of the need for renter units than the owner share.” Among the study’s key findings, the following illustrate the urgency of developing an adequate policy response within Chittenden County: 8 Overall Demand Growth and Projected Shortfall: “The northwest region currently has an estimated need for 7,400 additional housing units, given reports of currently low vacancy rates in the region – especially in the region’s metro area. This estimated shortage of units indicates that roughly 5,300 units of owner housing and 2,100 units of renter housing are needed in the region to help assure a more rational functioning housing market even before the housing requirements associated with the projected economic and population growth over the next decade… Even if market construction and the efforts of affordable housing groups are able to deliver roughly 1,750 units per year to the regional housing inventory over the next decade, there will be an unmet need or gap of more than 10,000 housing units in the region by 2010.” Influence of Services and Trade Job Growth on Affordable Housing Needs: “The long-term economic forecast also indicates that over half of the region’s new employment opportunities – or 22,800 jobs – will be created in the service sector, and another 8,000 jobs will be created in trade – a category of jobs where wages are low and housing assistance needs tend to be high. Although some of these jobs are high-paying, the majority of jobs in the Services and Trade are among the lowest-paying in the regional economy. That means that nearly one in two new jobs to be created in the region over the next decade will be in job categories where affordable housing needs tend to be high. Therefore, a key economic performance question for the six county region for the future is how and where the people who are likely to fill these generally lower-paying jobs will find affordable housing.” Demand Growth for Affordable Owner-Occupied Housing: “More than one half of the projected growth in owner households over the next decade will occur in income categories which generally require housing assistance. The longterm demand projections indicate that owner households are projected to increase by just over 17,500 households over the 2000-2010 time-period – a level that is over 10 percent higher than the growth in the number of owner households during the 1990s. Of the owner households, roughly 3,500 households are projected to be in the less than 50 percent of median income categories, 2,850 households are projected to be in the 51 percent to 80 percent of median income class, roughly 1,700 more are projected to be in the 81 percent to 100 percent of median income class, and roughly 1,800 more are projected to be in the 101 percent to 120 percent of median household income categories – the categories generally though to include those who require housing assistance.” Demand Growth for Affordable Rental Housing: 9 “Nearly three-fourths of the projected regional growth in renter households over the next decade will occur in income categories which generally require housing assistance. Renter households are projected to increase by roughly 5,600 households over the 20002010 time frame – a level that is more than 80 percent greater than the renter household growth rate during the 1990s. Of the renter households, roughly 1,700 households – or nearly 1/3rd of the household increase – are projected to be in the less than 31 percent of median income class. Roughly 925 more are projected to be in the 31 percent to 50 percent of median income class, meaning that over 50 percent of the 5,225 renter household increase over the next ten years are projected to be in the less than 50 percent of the regional median household income categories. Over 1,000 more are projected to be in the 51 percent to 80 percent of median income class. As a result, over 70 percent of the projected increase in renter households, or roughly 3,670 households over the next ten years, is expected to be in the less than 80 percent of median income categories. These are the income categories generally expected to require housing assistance.” Accounting for roughly half of the anticipated growth over the entire six-county region, Chittenden County’s projected housing unit deficit is expected to grow from the current 2,000 to over 3,300 in 2005 and just under 5,000 in 2010. However, this total shortfall of supply cannot be reliably apportioned among the various income classes, “primarily because it is difficult to systematically capture the currently living arrangements by housing unit value class or rent level category of households in various income classes which have choices. Clearly, not every household in the region chooses to rent in the category which corresponds to its highest level of affordability… This dynamic has significant implications for such an affordability analysis in income classes other than the very-low classes. It suggest that higher-income households – who have relatively more choices – may in fact be competing with and rationing out lower income households who have relatively fewer choices for lower cost housing options… As households age they also tend to accumulate wealth and may in fact be significantly less inclined to move. This important aspect of housing market dynamics across the rest of the income class categories would likely not be adequately captured by data analysis employed here.” While not ideal, these estimates of the current and future county-wide affordable housing needs represent an important benchmark that suggests the need for a regional allocation framework. For instance, a town’s proportional share by population could be calculated simply by multiplying their percentage of county population by the total number of affordable units needed in the county. However, such an estimate would only represent a long-range goal of affordable housing distributed equitably across all communities. The implementation targets of a fair-share compact would need to be refined using other demographic and geographically-based variables which influence the feasibility of housing construction. Potential approaches would be to index the fair-share targets to growth in low-paying service sector jobs or to a town’s total housing growth in order to arrive at more meaningful goals. Such implementation provisions would ensure that realistic annual housing targets are used to steadily bring the region toward its longterm goals at a manageable pace. While a successful compact must be sufficiently flexible to encourage local participation, it should still be based upon intellectually honest attempts to quantify each town’s fair-share. Quantifying the Affordability of Market-Rate Housing: 10 Given the difficult political reality of addressing the regional distribution of growth, it is especially important to obtain objective information which can facilitate constructive negotiation and mutual understanding among towns. In order to supplement existing data on the number and location of publicly-subsidized affordable ownership and rental housing, this report used local property tax assessment data to estimate the cost of market-rate owner occupied housing in each of the county’s towns. Following the tax year ending in April 2000, each available tax assessment database was exported in full and archived with the Regional Planning Commission and the University of Vermont, marking the first time this information was consolidated over the entire region. In most Chittenden County towns, this assessment database was overwritten each year as new information was entered. In such cases, retrospective analysis of housing cost and development patterns is constrained by the availability of sporadic and incomplete data exports. Similarly, the inconsistent recording of detailed housing information, such as the number, type, and configuration of housing units on each tax parcel, limits the specificity of regional analyses. Given these limitations, local property tax assessment databases still represent the most suitable data for comparing the affordability of the entire stock of housing. Figure 1 presents the median assessed value of owner-occupied properties in each Chittenden County town (with unlanded mobile homes broken out), along with the corresponding data from the 2000 Census. The underlying data, along with owner-occupied unit counts for both landed and unlanded homes is given in Appendix II. Maximum residential density under current zoning is presented in Map 1 for each of the County’s residential districts. The variation in the affordability of local housing stocks evident in Figure 1 is due to the interaction of existing housing stocks, market preferences, infrastructure availability and development costs associated with zoning and the approval process. While the available data helps create a baseline for future land use studies, much improvement to local assessment methods is needed to clarify the link between local regulations and regional housing affordability. Recognizing the importance of detailed and comparable housing data to the development of any regional compact, a county-wide effort to back-up and export local assessment data should be conducted annually by the Regional Planning Commission. In the future, local assessment data must be better referenced to digital parcel mapping to enable analysis at the level of zoning districts and neighborhoods through a Geographic Information System. This data linkage also promises to help in the visualization of regional housing patterns and build support for coordinated local policies that counter the prevailing trends of socioeconomic exclusion. By conducting future analyses at the zoning district level, the relationship between local regulations and housing prices can be made far more accessible and visually compelling. With more widespread study of local housing capacity, the amount of land required to accommodate projected levels of growth and the corresponding need for public services could also be evaluated under comprehensive regional planning scenarios. Developing this important land use planning capability will, however, require improved coordination between local planners and tax assessors – hopefully progressing towards a dynamic linkage of up-to-date property assessment data and digital parcel mapping. 11 Figure 1: Median Home Value/Price in Chittenden County Median Equalized Assessed Value Census 2000 Median Home Price $250,000 $225,000 $200,000 $175,000 $150,000 $125,000 $100,000 $75,000 $50,000 $25,000 $0 n to n ng r rli ste gto Bu che rlin l Bu Co t h u So ex s Es n t. ilto Jc M ex i s k Es oos e in rn W lbu e n Sh sto illi W icho rg r u Je esb d n n Hi mo ch tte Ri rlo l a il Ch erh d rd Un tfo n es gto W tin n Hu on ge lt r Bo Geo . St Map 1: Chittenden County, Vermont Maximum Residential Density By Zoning District 40 - 60 UNITS PER ACRE 20 - 25 UNITS PER ACRE 5 - 10 UNITS PER ACRE 2 - 4.4 UNITS PER ACRE 1.1 AC/UNIT - 1 UNIT/AC 3 - 2 ACRES PER UNIT 6 - 5 ACRES PER UNIT 25 - 10 ACRES PER UNIT NO SPECIFIED DENSITY RESOURCE PROTECTION DISTRICTS N W E S Maximum Residential Density by Zoning District 12 Regional Housing Policy in Other States: California municipalities are required by State planning law to accommodate their respective "fair share" of regional housing growth, and must not use their general plans and zoning ordinances to overtly discourage housing production. California also has a state law that specifically requires towns to provide 25% density bonuses to housing developments that meet public goals such as downtown revitalization, affordable or low income housing, infill, or transitoriented development (VT Forum on Sprawl, 2001). While such density-based incentives can go a long way to making certain projects financially feasible, some jurisdictions continue to use discretionary review procedures and aggressive growth management techniques to intentionally limit affordable housing construction. The prioritization of state- and regionally-allocated funding for infrastructure and housing assistance are also used to influence such local decisions, but are unlikely to have a strong impact on affordable housing provision if the targeted communities are not already heavily reliant on these funds. Where communities have willingly adopted their own affirmative zoning reforms, however, these mechanisms have worked in tandem with local regulation to stimulate significant housing production. Regional Councils of Governments — over 450 of them across the nation — are multi-purpose, multi-jurisdictional, public organizations that are frequently responsible for both coordinating and influencing local housing policy. Typically created to address important regional issues or administer federal and state programs, regional councils bring together representatives of local government to foster cooperation, planning and service delivery. They have a variety of names, ranging from councils of governments to planning commissions to development districts, and their responsibilities and activities are equally as diverse. The National Association of Regional Councils (NARC) is the membership organization dedicated to fostering such regional capacity and can provide referral services to share the experience of more established groups (http://www.narc.org/about.html). In recent years, a growing number of metropolitan areas have turned to regional frameworks to address worsening problems associated with the segregation of income and affordable housing. Discussions to create a council of governments in Chittenden County are on-going, but would likely center around coordination of public and emergency services and could take years to implement. In the region surrounding Hartford, Connecticut, incremental progress toward housing diversity has been fostered through the adoption of a Regional Housing Policy by member towns of the Capitol Region Council of Governments (CRCOG). This universal policy statement required the approval of a two-thirds majority of member towns by select board vote or through town meeting, which it achieved easily in 1997 with only three abstentions and one formal rejection out of a total of 29 member towns. The widespread acceptance of this fair share compact was due to its reliance on dialogue among the various local government officials, consensus building, monitoring and flexibility in implementation. The clarity of purpose expressed in its guiding principles, coupled with concrete strategies and a wide range of implementation options makes this policy particularly transferable, if not especially binding. The full text of the CRCOG Regional Housing Policy is presented in Appendix I. While the specific challenges addressed by this model differ substantially from those faced by Chittenden County, its flexibility and incremental implementation suggest the viability of its basic format and method of adoption. 13 A quite different fair share approach arose under the New Jersey Supreme Court’s Mt. Laurel decisions. Essentially a forceful rejection of local exclusionary zoning, these cases upheld suits filed by the NAACP on behalf of low-income minority residents who were victimized by growing income segregation. Despite its significant success in compelling affordable housing construction in formerly exclusive communities, there have been great difficulties in implementation of this system. The litigious nature of the supervised local approval process has resulted in extensive delays and bitter struggles which do little to bring the affected communities together around the common goal of income diversity. There are yet other fair share models based on market incentives and state and regional preferential funding schemes coupled with a range of housing allocation targets. Signed early in 2000 by then Massachusetts Governor, Paul Cellucci, Executive Order 418 is one of the best examples of such a coordinated system of housing incentives designed to balance economic development, transportation, infrastructure improvements and open space preservation. The executive order has two distinct components, a housing certification process and community development planning grants. Communities which are certified as having enhanced their stock of affordable housing each year are given priority when applying for various state programs administered by the Transportation and Construction, Environmental Affairs, Economic Development, and Housing and Community Development Departments. Technical assistance grants of up to $30,000 are also made available to assist towns in developing their Community Development Plans, which must “include how the community will develop housing that is affordable to families and individuals across a broad range of income.”(DHCD, 2000) Supportive National and Local Studies: While always controversial in practice, the need for proactive affordable housing policies is widely recognized by both academic and professional planning organizations. The official position of the professional planning community, as expressed in the American Planning Association Policy Guide, is strongly supportive of the goals and policy recommendations of a regional fair-share housing compact. In it, the APA encourages states and localities to “inventory existing public and assisted housing stocks” and “after considering their affordable housing needs and market conditions, develop action plans for the targeting of policy, regulatory, and financial initiatives addressing this issue in their jurisdictions.” Among the strategies it endorses, the following could be advanced through a regional housing compact: Property tax deferral or abatement for units serving low-income households. Inclusionary zoning requirements mandating the production of affordable housing as part of market rate development. Encouragement of alternative living units such as accessory apartments, ‘granny flats’, and single room occupancy apartments. Commitment of local or state financial resources or other resources (such as publicly controlled sites) to foster the production or retention of affordable housing opportunities.” 14 Encouragement of public/private partnerships and the leveraging of public resources with funding and resources from the private sector. Examining subdivision design standards, zoning ordinances, and other regulatory or development controls for potential barriers to the production of assisted housing, and where indicated, develop specific design standards and regulations to encourage development of assisted housing, without compromising essential health and safety requirements. Source: The Supply of Public and Subsidized Housing. Official Policy Guide Ratified by the APA Board of Directors. Charleston, South Carolina, October 5, 1991 http://www.planning.org/govt/house.htm In its 2000 study, Moving Beyond Sprawl: The Challenge for Metropolitan Atlanta, the Brookings Institution Center on Urban and Metropolitan Policy is unambiguous in its call for new policies to combat regional polarization: “Working in concert, regional leaders should balance the local housing market through zoning changes, subsidies, school reforms, and tax incentives so that all families both middle class and low-income have more choice about where they live and how to be closer to jobs… At the same time, the region needs to stimulate the production and preservation of affordable housing for working families in suburban communities.” Closer to home, the March, 1990 Report of the Essex/Essex Junction Affordable Housing Task Force also came to the same conclusion: “Affordable housing does not occur by itself. If it did there would be no need for this report… First it is critical that there be some strong local vehicle in the community with the express purpose of facilitating the construction of new affordable housing. Secondly, new affordable housing will only be created through cooperative efforts on the part of the municipalities and the developers and the builders who create the housing. The second is unlikely to occur without the first.” In terms of a policy response, the report recommended “that municipal plans and regulations be drafted to include strong emphasis on the need to continuously provide affordable housing, and support the necessary zoning provisions to encourage such housing. The availability of housing at prices commensurate with incomes is an important component of the vitality and well being of our community and region. It is imperative that the Essex Community actively work to ensure such housing opportunities are made available.” Furthermore: “If any greater public involvement is required, if a special density increase is granted, or if a special sewer allocation is provided, assurances for long term affordability must be required.” Additional Implementation Issues: Local government efforts to remedy the under-provision of affordable housing may also be bolstered by the unprecedented and growing level of public support for land use planning practices that typify ‘smart growth’. While the growing media attention and general awareness of housing issues make a regional compact more likely, its success will require sustained public support for higher-density development and affordable housing in each member town. Such support will be essential in empowering the non-profit development sector to construct higherdensity housing in the growth centers where it is most desperately needed. However, successful 15 implementation will also depend on the ability of advocates to portray affordable housing and income diversity as necessary public goods which must be required of private developers as well. While it is difficult to gauge the private housing market’s response to policies seeking a more even disbursal of affordable housing, the enhanced ability to construct higher-density housing would undoubtedly create many more opportunities for private housing development than currently exist. Without increased density in designated growth centers, the current market will certainly fail to meet the region’s projected demand, while consuming open space in Chittenden County’s suburban and rural towns. In the long term, strategic behavior by developers and community-minded consumers will likely expand the private market for profitable high-density downtown construction, enabling the inclusion of affordable, market-rate housing. While such long-range shifts in market behavior would undoubtedly help resolve Chittenden County’s affordable housing problems, the scope of the current housing shortage and the entrenchment of distributional inequity demands direct public and non-profit involvement. The municipalities of Chittenden County have a long way to go in defining their collective rights and responsibilities, but as members of the same economically-dependent region it ultimately behooves us all to ensure that affordable housing is not unreasonably segregated in urban areas. In light of the obvious short-term conflict of interests, there will undoubtedly be periodic landowner resistance and a strong possibility of legal challenges. However, the notion of property rights continues to evolve from a near-absolute right of individuals held against the land into a set of ownership expectations who’s realization must not come at the expense of shared public interests in that land. The pending Vermont Supreme Court case of Taft Corners Associates versus the Town of Williston will set important precedent on the authority of municipalities to adopt land use regulations which ensure that growth maximizes public benefits as well as developers’ profits. Since it will establish the limits of enforceability for zoning amendments following parcel subdivision, this decision could have a substantial impact on a town’s ability to achieve mixed-use and mixed-income development of their growth centers. Possible Fair-Share Compact Provisions: Inherent to any regional fair-share housing compact is official recognition of the goal of social and economic diversity within each town. Also the universality of certain basic definitions is established through the document. The following is a sample of the specific provisions which can be formalized by a compact: General Purposes The towns of Chittenden County must consider the needs of the region in planning for future housing. A fair-share housing compact should incorporate a system of measurements and policy recommendations which further the following basic objectives: Further the goals of growth management, economic diversity, and natural resource protection stated in the local and regional plans; 16 Help low-income families throughout the region obtain decent, affordable housing in areas where there are no existing concentrations of poverty, while increasing the diversity of all neighborhoods; Assist municipalities in providing their fair-share of the region’s affordable housing with targeted assistance for transportation infrastructure, wastewater treatment, school construction and conservation of open space and natural areas. Annual Monitoring The Chittenden County Regional Planning Commission should develop annual estimates of regional housing supply and demand at each major income class. Member towns of the regional compact would then attempt to provide for their share of the region’s housing needs on the basis of these annual estimates. The Regional Planning Commission should also suggest a basic methodology, but with provisions for local adjustments on the basis of the following limiting factors: 1) physical limitations to high density housing (e.g. soil quality, sewer service, etc.), 2) availability and growth of low-income jobs, 3) local poverty, unemployment and homelessness rates. Member towns may choose to consider implementing the following general guidelines or alternative compliance measures. Compliance with such criteria would be evaluated annually, with failure to meet repeated annual targets or enact alternative measures resulting in a shift in state funding preferences and regional scrutiny of local policies. If a town’s stock of existing affordable housing is greater than or equal to its proportional share based on population, it satisfies the requirements of this compact. If, in a given year, a town authorizes the construction of more than its proportional share by population of the total number of affordable housing units approved in the county, it satisfies the annual requirements of this compact. If a town commits substantial public resources (land, financing, or tax abatement) to an affordable housing project, resulting in the approval of at least (some negotiated number of) permanently affordable units, it satisfies the requirements of this compact. If the town’s assistance is valued at over (some negotiated amount), then the compact’s requirements are satisfied for an additional (negotiated number of) years. If a town lacks sufficient municipal wastewater treatment capacity to serve its designated growth center(s), it may satisfy the requirements of the compact by reserving a portion of future treatment capacity for affordable housing and implementing the necessary zoning to ensure its eventual construction. This portion should be sufficient to provide for the development of the Town’s proportional share by population of the region’s total affordable housing development over the year(s) in which this criterion is used to satisfy the compact’s requirements. 17 Potential State Incentives to Assist Implementation: The most effective role for the State would probably be one of firm encouragement – leaving the actual policy development and implementation to the towns while helping the regional planning commission administer various incentives and targeted assistance. Clear and consistent state incentives to implement regional housing goals would help ensure that more affordable housing units actually get approved where they are most needed. Such an approach maintains the benefits of local participation and control while still addressing the regional disparities through such incentives as: Requirements for infrastructure assistance and prioritization of state-funded transit improvements; Priority allocation of wastewater treatment permits and/or funding; and State property tax, land transfer tax or land gains tax abatement for permanently affordable properties. Enabling the transition to a system of land value taxation through initial property tax exemptions for structures providing high-density affordable housing. The creation of property tax stabilization agreements for below-market housing would represent an expansion of existing current-use programs for below-market agricultural and forestland and would go a long way to encourage both the construction and maintenance of affordable housing. However, additional state assistance would be required to encourage adoption and keep such tax abatement revenue-neutral to participating towns. Ensuring Incremental Progress: Each year the regional planning commission would have to evaluate the fair share calculations of each member town, certify progress toward their annual targets or alternative compliance measures, and impose whatever sanctions are authorized for serious and sustained noncompliance. The advantages of these proposed compact guidelines is the flexibility for member towns to begin meeting their responsibility at the moderate and low income levels, while beginning to develop the level of social services required to host very-low income families without causing neighborhood disruption. Given enough time and population growth, income diversity could be maintained solely through local inclusionary zoning policies. Such ordinances require a small amount of permanently affordable housing be included as part of any major housing development – the cost of which is typically offset by a density bonus equal or greater to the subsidized component. While the general intent of inclusionary zoning requirements is fairly simple, the details of implementation – especially the length of restriction periods – can greatly influence their long term success. However, the effectiveness of any new inclusionary zoning ordinance is completely dependent on the total amount and individual size of new developments which would full under such a law. Thus, early adoption is critical to achieving diversity in Chittenden County’s rural and suburban towns by piggybacking on new market construction. Such reforms will only become more difficult to make if towns enact residential phasing policies to limit their annual rate of development without taking steps to promote density and affordability. 18 Since many member towns will not immediately be able to raise their production of affordable housing to meet fair-share targets, a regional compact would have to provide alternative mechanisms for compliance – such as payment into a local affordable housing trust fund or adoption of local zoning reform. Ideally, inclusionary zoning, density bonuses or other regulatory incentives for affordable housing would be enacted to compensate for repeatedly missed targets under a regional compact. Minimum standards for such alternative compliance mechanisms would have to be negotiated as part of the compact’s adoption or reauthorization. Sustained disregard for fair-share goals could be penalized with disincentives such as regional rejection of local plans and postponement of additional wastewater treatment capacity. However, the designation of model ordinances and the means to incentivize their adoption should represent the primary way to ensure implementation of a voluntary fair-share compact. Voluntary participation and flexible, incremental implementation – reinforced by supportive allocation of infrastructure and planning assistance – offers the best chance to foster the genuine cooperation needed to meet the challenges of a decentralizing regional economy. Conclusion: While there is near universal recognition that development must be considered in light of functional economic and ecological systems, sprawling growth patterns threaten to increase both the consumption of open space and the per-capita cost of public services. Alternatively, more compact and mixed-income development could accommodate the same growth while minimizing both environmental impacts and the social consequences of a segregated housing market. Recognizing that it is no longer possible to restrict development in rural areas without also raising the density of construction in designated areas, the towns of Chittenden County have struggled over the years to adopt “growth center” zoning. Unfortunately, much less attention has been paid to the distribution of housing types and income levels among the individual municipalities. Already, a spatial mismatch between the location of low-income jobs and housing is imposing a disproportionate burden on the urban municipalities where Chittenden County’s low-income population is concentrated. If future development continues to follow this trend, the resulting concentrations of poverty and wealth will only intensify regional polarization, thus driving new development further away from urban centers and reinforcing sprawl over the long term. This report recognizes both Chittenden County’s particular need for regional coordination on the issue of affordable housing and the potential difficulty of forging meaningful cooperation among its many towns. Luckily, there is not only a profound ethical justification for economic diversity versus segregation in our communities, but also a clear rational for expanded housing opportunities on economic development grounds. There is a strong and growing consensus among the urban research and professional planning disciplines that effective regional coordination of local land use policy is key to achieving both of these goals in the face of rapid growth and development. While a variety of approaches have been taken in other states to achieve an equitable distribution of regional housing growth, their experiences to date suggest that a voluntary housing compact offers a number of particularly compelling advantages over alternative policies. 19 For one, it preserves local control over specific development and project review standards while still holding towns accountable for their responsibilities to the region as an interdependent whole. Second, it reinforces the State’s role of incentive-based encouragement for local and regional planning through supportive distribution of planning and development aid and targeted infrastructure investments. Third, it avoids the pitfalls of local obstructionism and the politics of fear and division which have plagued court-mandated fair-share policies. Finally, it is designed to work with the existing regulatory institutions – applying a corrective pressure to the established practice of local zoning without dictating specific changes. By taking a flexible, performance-based approach it guarantees consistent monitoring of local progress toward regional goals as well as enabling innovation and responsiveness to local needs. While a fair share housing compact’s advantages over its possible alternatives are important to convey to residents and local leaders, it is equally important to stress a voluntary compact’s flexibility in implementation and compliance. Accountable and incremental changes in local zoning policies – guided by a voluntary regional compact – represents the best chance for a smooth, negotiated process of regional housing allocation. Without meaningful efforts to coordinate growth, the intensification our housing shortage will eventually bring even harder choices and less palatable solutions. 20