Public
reporting burden for this
collection of information is estimated to average 3 hours. This
includes the time for collecting,
reviewing,
and reporting the data. The information will be used for encourage
applicants to pursue and promote efforts to remove
regulatory
barriers to affordable housing.
Response to this request for information is required in order to
receive the benefits to be
derived.
This agency may not collect this information, and you are not
required to complete this form unless it displays a currently
valid
OMB control number.
Questionnaire for HUD’s Initiative on
Removal of Regulatory Barriers
Part A. Local Jurisdictions. Counties
Exercising Land Use and Building Regulatory Authority and Other
Applicants Applying for Projects Located in such Jurisdictions or
Counties
[Collectively,
Jurisdiction]
1
2
Does your jurisdiction's comprehensive
plan (or in the case of a tribe or TDHE, a local Indian Housing
Plan) include a “housing element? A local comprehensive
plan means the adopted official statement of a legislative body
of a local government that sets forth (in words, maps,
illustrations, and/or tables) goals, policies, and guidelines
intended to direct the present and future physical, social, and
economic development that occurs within its planning jurisdiction
and that includes a unified physical plan for the public
development of land and water. If your jurisdiction does not have
a local comprehensive plan with a “housing element,”
please enter no. If no, skip to question # 4.
No
Yes
If your jurisdiction has a
comprehensive plan with a housing element, does the plan provide
estimates of current and anticipated housing needs, taking into
account the anticipated growth of the region, for existing and
future residents, including low, moderate and middle income
families, for at least the next five years?
No
Yes
Does your zoning ordinance
and map, development and subdivision regulations or other land
use controls conform to the jurisdiction's comprehensive plan
regarding housing needs by providing: a) sufficient land use and
density categories (multifamily housing, duplexes, small lot
homes and other similar elements); and, b) sufficient land zoned
or mapped “as of right” in these categories, that can
permit the building of affordable housing addressing the needs
identified in the plan? (For purposes of this notice,
"as-of-right," as applied to zoning, means uses and
development standards that are determined in advance and
specifically authorized by the zoning ordinance. The ordinance
is largely self-enforcing because little or no discretion occurs
in its administration.). If the jurisdiction has chosen not to
have either zoning, or other development controls that have
varying standards based upon districts or zones, the applicant
may also enter yes.
No
Yes
Does your jurisdiction’s
zoning ordinance set minimum building size requirements that
exceed the local housing or health code or is otherwise not based
upon explicit health standards?
Yes
No
If your jurisdiction has
development impact fees, are the fees specified and calculated
under local or state statutory criteria? If no, skip to question
#7. Alternatively, if your jurisdiction does not have impact
fees, you may enter yes.
No
Yes
If yes to question #5, does
the statute provide criteria that sets standards for the
allowable type of capital investments that have a direct
relationship between the fee and the development (nexus), and a
method for fee calculation?
No
Yes
If your jurisdiction has
impact or other significant fees, does the jurisdiction provide
waivers of these fees for affordable housing?
No
Yes
Has your jurisdiction adopted
specific building code language regarding housing rehabilitation
that encourages such rehabilitation through gradated regulatory
requirements applicable as different levels of work are performed
in existing buildings? Such code language increases regulatory
requirements (the additional improvements required as a matter of
regulatory policy) in proportion to the extent of rehabilitation
that an owner/developer chooses to do on a voluntary basis. For
further information see HUD publication: “Smart Codes in
Your Community: A Guide to Building Rehabilitation Codes”
(www.huduser.org/publications/destech/smartcodes.html)
No
Yes
Does your jurisdiction use a recent version (i.e. published
within the last 5 years or, if no recent version has been
published, the last version published) of one of the nationally
recognized model building codes (i.e. the International Code
Council (ICC), the Building Officials and Code Administrators
International (BOCA), the Southern Building Code Congress
International (SBCI), the International Conference of Building
Officials (ICBO), the National Fire Protection Association
(NFPA)) without significant technical amendment or modification.
In the case of a tribe or TDHE, has a recent version of one of
the model building codes as described above been adopted or,
alternatively, has the tribe or TDHE adopted a building code that
is substantially equivalent to one or more of the recognized
model building codes?
Alternatively, if a
significant technical amendment has been made to the above model
codes, can the jurisdiction supply supporting data that the
amendments do not negatively impact affordability.
No
Yes
Does your jurisdiction’s
zoning ordinance or land use regulations permit manufactured
(HUD-Code) housing “as of right” in all residential
districts and zoning classifications in which similar site-built
housing is permitted, subject to design, density, building size,
foundation requirements, and other similar requirements
applicable to other housing that will be deemed realty,
irrespective of the method of production?
No
Yes
Within the past five years,
has a jurisdiction official (i.e., chief executive, mayor, county
chairman, city manager, administrator, or a tribally recognized
official, etc.), the local legislative body, or planning
commission, directly, or in partnership with major private or
public stakeholders, convened or funded comprehensive studies,
commissions, or hearings, or has the jurisdiction established a
formal ongoing process, to review the rules, regulations,
development standards, and processes of the jurisdiction to
assess their impact on the supply of affordable housing?
No
Yes
Within the past five years,
has the jurisdiction initiated major regulatory reforms either as
a result of the above study or as a result of information
identified in the barrier component of the jurisdiction’s
“HUD Consolidated Plan?” If yes, attach a brief list
of these major regulatory reforms.
No
Yes
Within the past five years
has your jurisdiction modified infrastructure standards and/or
authorized the use of new infrastructure technologies (e.g.
water, sewer, street width) to significantly reduce the cost of
housing?
No
Yes
Does your jurisdiction give
“as-of-right” density bonuses sufficient to offset
the cost of building below market units as an incentive for any
market rate residential development that includes a portion of
affordable housing? (As applied to density bonuses, "as of
right" means a density bonus granted for a fixed percentage
or number of additional market rate dwelling units in exchange
for the provision of a fixed number or percentage of affordable
dwelling units and without the use of discretion in determining
the number of additional market rate units.)
No
Yes
Has your jurisdiction
established a single, consolidated permit application process for
housing development that includes building, zoning, engineering,
environmental, and related permits? Alternatively, does your
jurisdiction conduct concurrent, not sequential, reviews for all
required permits and approvals?
No
Yes
Does your jurisdiction
provide for expedited or “fast track” permitting and
approvals for all affordable housing projects in your community?
No
Yes
Has your jurisdiction
established time limits for government review and approval or
disapproval of development permits in which failure to act, after
the application is deemed complete, by the government within the
designated time period, results in automatic approval?
No
Yes
Does your jurisdiction allow
“accessory apartments” either as: a) a special
exception or conditional use in all single-family residential
zones or, b) “as of right” in a majority of
residential districts otherwise zoned for single-family housing?
No
Yes
Does your jurisdiction have
an explicit policy that adjusts or waives existing parking
requirements for all affordable housing developments?
No
Yes
Does your jurisdiction
require affordable housing projects to undergo public review or
special hearings when the project is otherwise in full compliance
with the zoning ordinance and other development regulations?
Yes
No
Total Points:
Part B. State Agencies and Departments or Other Applicants for
Projects Located in Unincorporated Areas or Areas Otherwise Not
Covered in Part A
1
2
1 Does your state, either in its planning and zoning enabling
legislation or in any other legislation, require localities
regulating development have a comprehensive plan with a “housing
element?” If no, skip to question # 4
No
Yes
2. Does you state require that a local jurisdiction’s
comprehensive plan estimate current and anticipated housing needs,
taking into account the anticipated growth of the region, for
existing and future residents, including low, moderate, and middle
income families, for at least the next five years?
No
Yes
3. Does your state’s zoning enabling legislation require
that a local jurisdiction’s zoning ordinance have a)
sufficient land use and density categories (multifamily housing,
duplexes, small lot homes and other similar elements); and, b)
sufficient land zoned or mapped in these categories, that can
permit the building of affordable housing that addresses the needs
identified in the comprehensive plan?
No
Yes
4. Does your state have an agency or office that includes a
specific mission to determine whether local governments have
policies or procedures that are raising costs or otherwise
discouraging affordable housing?
No
Yes
5. Does your state have a legal or administrative requirement
that local governments undertake periodic self-evaluation of
regulations and processes to assess their impact upon housing
affordability address these barriers to affordability?
No
Yes
6. Does your state have a technical assistance or education
program for local jurisdictions that includes assisting them in
identifying regulatory barriers and in recommending strategies to
local governments for their removal?
No
Yes
Does your state have
specific enabling legislation for local impact fees? If no skip
to question #9.
No
Yes
If yes to the question #7,
does the state statute provide criteria that sets standards for
the allowable type of capital investments that have a direct
relationship between the fee and the development (nexus)
and a method for fee calculation?
No
Yes
Does your state provide
significant financial assistance to local governments for
housing, community development and/or transportation that
includes funding prioritization or linking funding on the basis
of local regulatory barrier removal activities?
No
Yes
Does your state have a mandatory state-wide building code that a)
does not permit local technical amendments and b) uses a recent
version (i.e. published within the last five years or, if no
recent version has been published, the last version published) of
one of the nationally recognized model building codes (i.e. the
International Code Council (ICC), the Building Officials and Code
Administrators International (BOCA), the Southern Building Code
Congress International (SBCI), the International Conference of
Building Officials (ICBO), the National Fire Protection
Association (NFPA)) without significant technical amendment or
modification?
Alternatively, if
the state has made significant technical amendment to the model
code, can the state supply supporting data that the amendments do
not negatively impact affordability?
No
Yes
Has your jurisdiction adopted
specific building code language regarding housing rehabilitation
that encourages such rehabilitation through gradated regulatory
requirements applicable as different levels of work are performed
in existing buildings? Such code language increases regulatory
requirements (the additional improvements required as a matter of
regulatory policy) in proportion to the extent of rehabilitation
that an owner/developer chooses to do on a voluntary basis. For
further information see HUD publication: “Smart Codes in
Your Community: A Guide to Building Rehabilitation Codes”
(www.huduser.org/publications/destech/smartcodes.html)
No
Yes
Within the past five years
has your state made any changes to its own processes or
requirements to streamline or consolidate the state’s own
approval processes involving permits for water or wastewater,
environmental review, or other State-administered permits or
programs involving housing development. If yes, briefly list
these changes.
No
Yes
Within the past five years,
has your state (i.e., Governor, legislature, planning department)
directly or in partnership with major private or public
stakeholders, convened or funded comprehensive studies,
commissions, or panels to review state or local rules,
regulations, development standards, and processes to assess their
impact on the supply of affordable housing?
No
Yes
Within the past five years,
has the state initiated major regulatory reforms either as a
result of the above study or as a result of information
identified in the barrier component of the states’
“Consolidated Plan submitted to HUD?” If yes,
briefly list these major regulatory reforms.
No
Yes
Has the state undertaken any
other actions regarding local jurisdiction’s regulation of
housing development including permitting, land use, building or
subdivision regulations, or other related administrative
procedures? If yes, briefly list these actions.