760 Mass. Reg. 59.02
40R Zoning. A zoning overlay adopted by a Municipality pursuant to M.G.L. c. 40R that conforms to Smart Growth Zoning or Starter Home Zoning requirements.
40R Zoning Application. An application for a preliminary determination of eligibility of 40R Zoning submitted by a Municipality to DHCD pursuant to 760 CMR 59.03(1).
Accessory Dwelling Unit. A dwelling unit of 600 square feet or less on the same lot as a Starter Home. An Accessory Dwelling Unit shall not qualify as a Future Zoned Unit or an Incentive Unit, but shall qualify as a Bonus Unit.
Additional Municipal Standards. A Municipal environmental or health ordinance, bylaw or regulation that exceeds applicable requirements of state law or regulation.
Adjacent Area. An area that:
(a) is physically contiguous to an Eligible Location qualifying as a Highly Suitable Location under 760 CMR 59.04(1)(a)1. through 3.;
(b) extends to a distance no more than ½ mile from an Eligible Location, except that if only a portion of a parcel of land lies within such a distance, the entire parcel may be included in the Adjacent Area; and
(c) provides Pedestrian Access to a qualifying Eligible Location.
To qualify as an Adjacent Area, the area must be currently served by Infrastructure or planned to be served within five years of the 40R Zoning Application by Planned Infrastructure. With respect to Starter Home Zoning Districts only, the Infrastructure or Planned Infrastructure required in an Adjacent Area need not include public sewer(s) or private wastewater treatment plant(s).
Affordable and Affordability. A housing unit will be considered Affordable if:
(a) It is subject to an affordable housing restriction as defined in M.G.L. c. 184, § 31, with a term of no less than 30 years which meets the standards set out in 760 CMR 56.02: Use Restriction and guidance issued by DHCD for eligibility for the Subsidized Housing Inventory;
(b) For a rental unit, the tenant is required to be an individual or household whose annual income is less than or equal to 80% of the Area Median Income and the monthly rent plus a reasonable allowance for applicable utilities is less than or equal to 30% of 1/12 of the Area Median Income; and
(c) For a homeownership unit, the purchaser is required to be an individual or household whose annual income is less than or equal to 80% of the Area Median Income and the maximum sale price at initial sale and resale is less than or equal to the maximum purchase price limit which meets the standards set out in guidance issued by DHCD.
Approved District. A District for which 40R Zoning has been adopted by a Municipality and for which a Letter of Approval has been issued by DHCD, in accordance with M.G.L. c. 40R and 760 CMR 59.00, subject to any Letter of Noncompliance or Certificate of Revocation in effect pursuant to 760 CMR 59.07(3).
Area Median Income. The area-wide median income as determined by HUD, adjusted for household size and using HUD's rules for attribution of income to assets.
Area of Concentrated Development.
(a) An area:
1. That includes a city or town center; contiguous, previously developed portions of an existing commercial district that are substantial in the context of the Municipality; or a rural village district; the boundaries of which are clearly identified and submitted on a corresponding map;
2. That, except in the case of an existing rural village district as set forth in 760 CMR 59.02: Area of Concentrated Development (b) is currently served or scheduled to be served (as shown by sufficient documentation) within five years of the 40R Zoning Application by public sewer(s) and/or private sewage treatment plant(s) (applicable to Smart Growth Zoning Districts only);
3. Of which at least 50% of the total land area is either Substantially Developed Land or Underutilized Land; and
4. Of which the primary current use (or, in the case of Underutilized Land, the primary current zoning) of land and/or buildings is commercial (including retail, office, or industrial businesses) or mixed-use. Land designated as a commercial center under M.G.L. c. 40, § 60 qualifies as an Area of Concentrated Development.
(b) Notwithstanding anything to the contrary in Area of Concentrated Development , in areas that are not sewered or scheduled to be sewered, an existing rural village district will still qualify as an Area of Concentrated Development if:
1. it includes the Municipality's principal road intersection or other civic center point of the Municipality approved by DHCD and is characterized by the most Substantially Developed portions of the surrounding village area plus any land that would otherwise qualify as Substantially Developed Land or Underutilized Land within up to ½ mile distance of such principal road intersection or other approved civic center point;
2. it contains two or more of a town hall, post office, public library, public school, or public safety facility, or it contains an existing village retail district; and
3. at least 50% of the total land area within the existing rural village district is either Substantially Developed Land or Underutilized Land. See760 CMR 59.04(1)(a)2.
As-of-right. Housing development allowed under the Underlying Zoning or 40R Zoning without recourse to a special permit, variance, zoning amendment, discretionary waiver, or other form of zoning relief. Units that require Plan Review shall be considered As-of-right, subject to review and approval by DHCD of any Municipal 40R regulations, guidelines, forms of application materials, or other requirements applicable to review of Projects by the Plan Approval Authority under 760 CMR 59.00.
Authorization of Payment. A written authorization by DHCD that a Municipality is entitled to a Bonus Payment, according to the procedure set forth in 760 CMR 59.06(2).
Bonus Payment. A one-time payment made to a Municipality for each Bonus Unit within an Approved District for which a building permit has been issued, including either a Density Bonus Payment or Production Bonus Payment. See760 CMR 59.06(2).
Bonus Unit. A housing unit developed as part of a Project within a District, either through new construction, the substantial rehabilitation of an existing residential building, or the conversion to residential use of an existing building, in excess of the number of Existing Zoned Units for the same parcel. Units proposed or developed under a comprehensive permit pursuant to M.G.L. c. 40B for which the project eligibility letter was issued to the developer prior to the Municipality's 40R Zoning Application to DHCD shall not qualify as Bonus Units if the development that is the subject of the comprehensive permit comprises all or substantially all of the Developable Land within the proposed 40R District. Otherwise, units developed within a District under a Comprehensive Permit issued pursuant to M.G.L. c. 40B after the submission of a 40R Zoning Application, in excess of the number of Existing Zoned Units for the same parcel, shall qualify as Bonus Units.
Capital Funds. Monies required by law to be used for capital expenditures including, without limitation, for acquisition, rehabilitation and construction of real and personal property, including items such as environmental remediation, park improvements, drainage and irrigation projects, and deferred maintenance projects. A determination of what constitutes capital expenditures is subject to any regulations and guidance issued by DOR. DHCD may issue additional guidance to assist Municipalities, but in the event of any conflict between DHCD's guidance and DOR's regulations or guidance, DOR's regulations or guidance, as applicable, will govern.
Certificate of Compliance. A certificate issued by DHCD to a Municipality upon DHCD's review and approval of an annual update submitted in accordance with 760 CMR 59.07(1). See760 CMR 59.07(2).
Certificate of Revocation. A certificate issued by DHCD to a Municipality if, after an adjudicatory hearing, DHCD determines that the Municipality is in substantial non-compliance with M.G.L. c. 40R and 760 CMR 59.07(2). See760 CMR 59.07(3).
Cluster Development. Development in which the buildings and associated roadways or parking are clustered together into one or more groups separated from adjacent property and/or other groups within the development by intervening Dedicated Open Space usable for passive or active recreational activities.
Cluster Zoning. Zoning in which:
(a) development density is determined for an entire specified area, rather than on a per-lot basis; and
(b) dimensional requirements such as lot area, frontage, setbacks of structures from lot lines and/or other structures and minimum lot area per dwelling unit are reduced for individual lots to allow concentration of construction on part of the land through Cluster Development, and which requires permanent conservation of Dedicated Open Space usable for passive or active recreational activities, including without limitation, Future Open Space, as provided in DHCD guidance.
Comprehensive Housing Plan. A document, prepared by a Municipality for review by DHCD, providing an assessment of the housing needs within the Municipality, and describing specific strategies, including but not limited to those contained in the 40R Zoning, to address these needs and ensure that the applicable approval standards of 760 CMR 59.04(1)(g), (i), (j) and (k) are satisfied. The Comprehensive Housing Plan shall identify the numbers of Existing Zoned Units, estimated Future Zoned Units, and estimated Incentive Units within the proposed District. A Comprehensive Housing Plan may be a community development plan, master plan, area specific plan, or equivalent Municipally prepared document that is supplemented as necessaryto satisfy these requirements, as well as the requirements of 760 CMR 59.03(1)(h)1. regarding the proposed 40R Zoning.
Dedicated Open Space. Land dedicated in perpetuity to protect one or more of the following: land for existing and future well fields, aquifers, and recharge areas; watershed land; agricultural land; grasslands; fields; forest land; fresh and salt water marshes and other wetlands; ocean, river, stream, lake and pond frontage; beaches, dunes, and other coastal lands; lands to protect scenic vistas; land for wildlife or nature preserves; land for active or passive recreational use; parklands, plazas, playgrounds, and reservations; and cemeteries. Dedicated Open Space may be in public, private, or non-profit ownership. Any land subject to protection under Article 97 of the Massachusetts Constitution shall be deemed Dedicated Open Space for the purposes of 760 CMR 59.00. In any case where such Dedicated Open Space is not conveyed to the Municipality, a restriction enforceable by the Municipality shall be recorded providing that such land be preserved as Dedicated Open Space pursuant to a conservation restriction as defined in M.G.L. c. 184, § 31.
Density Bonus Payment. A one-time payment made to a Municipality for each Bonus Unit within a Smart Growth Zoning District for which a building permit has been issued. See760 CMR 59.06(2).
DEP. The Massachusetts Department of Environmental Protection.
Design Standards. Provisions of, or regulations adopted pursuant to, 40R Zoning, which are made applicable to Projects within the District that are subject to Plan Review by the Plan Approval Authority. See760 CMR 59.04(1)(f).
Developable Land. All land within a District that can be feasibly developed into residential or Mixed-use Development Projects. Developable Land shall not include:
(a) Substantially Developed Land;
(b) Dedicated Open Space;
(c) Future Open Space;
(d) The rights-of-way of existing public streets, ways, and transit lines and, in a Starter Home Zoning District, new public and private roadways that would be necessary to meet minimum applicable requirements under Municipal law including the proposed 40R Zoning and, to the extent applicable within the proposed District, Municipal subdivision control requirements;
(e) Land currently in use for governmental functions (except to the extent that such land qualifies as Underutilized Land); or
(f) Areas exceeding ½ acre of contiguous land that are:
1. protected wetland resources (including buffer zones) under federal or state laws plus any additional areas that are protected wetlands resources (including buffer zones) under applicable Additional Municipal Standards, if any, but not federal or state laws;
2. rare species habitat designated under federal or state law, unless granted an exception consistent with requirements established by the Massachusetts Executive Office of Energy and Environmental Affairs and the Department of Fish and Game that all or part of such areas can accommodate development consistent with the proposed 40R Zoning;
3. characterized by steep slopes with an average gradient of at least 15%; or
4. subject to any other Municipal ordinance, by-law, or regulation that would prevent the development of residential or Mixed-use Development Projects at the As-of-right residential densities set forth in the 40R Zoning.
(g) Areas of state-owned land that contain Prime Farmland Soils.
Developer Certificate of Feasibility. Certification by a developer with Site Control, or by an architect, engineer or other professional with appropriate expertise certifying on behalf of such developer, that:
(a) any Additional Municipal Standards applicable to development under the Starter Home Zoning do not Render Development Infeasible; and/or
(b) any Design Standards do not Unreasonably Impair development within the District.
DHCD. The Massachusetts Department of Housing and Community Development.
District. An overlay district within a Municipality that is subject to 40R Zoning. A District may be superimposed over one or more zoning districts (as defined by the Underlying Zoning) in an Eligible Location. Within a District, the 40R Zoning shall allow residential Projects As-of-right, and it may also permit Mixed-use Development Projects As-of-right. Within the boundaries of a District, a developer may elect either to develop a Project in accordance with the requirements of the 40R Zoning, or to undertake development in accordance with requirements of the Underlying Zoning.
DOR. The Massachusetts Department of Revenue.
Eligible Location. An area within a Highly Suitable Location that qualifies under the criteria set forth in 760 CMR 59.04(1)(a). If a portion of a parcel of land falls within an Eligible Location, then all of such parcel, to the extent of its legal boundaries, may also be deemed an Eligible Location in the discretion of DHCD.
Existing Underutilized Facilities. Facilities within or serving a District that have substantial potential for redevelopment in accordance with Smart Growth principles, including:
(a) Existing buildings, structures and Infrastructure that:
1. would provide greater potential use than the existing use if rehabilitated or repurposed as or in support of a residential or mixed-use development in a 40R Zoning District;
2. have become of diminished use and/or benefit to the community; and
3. relative to other development opportunities in the Municipality, offer substantially greater opportunities for rehabilitation and/or repurposing for or in support of residential use.
(b) Previously developed, non-agricultural land substantially characterized by existing impervious or disturbed surfaces such as parking lots, sand and gravel operations, and/or the foundations or remains of structures that have deteriorated or been demolished.
Existing Zoned Units. For a given parcel or area of Developable Land within a District, the maximum number of housing units that could feasibly be developed As-of-right under the Underlying Zoning through new development, the substantial rehabilitation of existing residential buildings, or the conversion to residential use of existing buildings. Units that are proposed or developable within the geographic area of a District under a comprehensive permit pursuant to M.G.L. c. 40B for which the project eligibility letter was issued to the developer prior to the Municipality's 40R Zoning Application shall be included as Existing Zoned Units if:
(a) the comprehensive permit is issued prior to the date of the Municipality's 40R Zoning Application; or
(b) the subject land makes up all or substantially all of the Developable Land within the proposed 40R District. For purposes of determining the Zoning Incentive Payment and the Bonus Payment:
1. absent any application of the 40R Zoning to Substantially Developed areas, the Existing Zoned Units within any District or Project site shall be determined upon the basis of the allowable As-of-right residential density per acre shown on the plan submitted under 760 CMR 59.03(1)(c), multiplied by the acreage of Developable Land area; and
2. Existing Zoned Units shall include any existing occupied housing units within a District regardless of whether they could be developed As-of-right under currently applicable Underlying Zoning (for example, lawfully nonconforming existing occupied housing units).
Future Open Space. Areas within a District which a Municipality may designate or require to be designated to be set aside in the future as Dedicated Open Space through the use of a conservation restriction as defined in M.G.L. c. 184, § 31 or other qualifying means. Such Future Open Space may be subject to requirements under the 40R Zoning for Projects to set aside a fixed percentage of the site area as Dedicated Open Space, and, for Districts other than Starter Home Zoning Districts eligible pursuant to 760 CMR 59.04(1)(a)3., allowing such Projects to deduct he Dedicated Open Space when calculating housing densities. Notwithstanding the foregoing, the total Future Open Space may not exceed 10% of what would otherwise be the Developable Land area if the Developable Land would be less than 50 acres; it may not exceed 20% of what would otherwise be the Developable Land area if the Developable Land area would be 50 acres or more; and it shall be consistent with the current Municipal Dedicated Open Space plan.
Future Zoned Units. For a given parcel or area of Developable Land within a District, the maximum number of housing units that could be developed As-of-right under the 40R Zoning through new development, the substantial rehabilitation of existing residential buildings, or the conversion to residential use of existing buildings, except that an Accessory Dwelling Unit shall not qualify as a Future Zoned Unit.
Highly Suitable Location. A location that, as determined by DHCD based on satisfactory documentation provided by the Municipality, is consistent with the statutory goals for Smart Growth, including the production of Starter Homes, set forth in M.G.L. c. 40R, § 1 and 760 CMR 59.00.
(a) To qualify as a Highly Suitable Location, an area must, at a minimum, be one of the following:
1. within a Substantial Transit Access Area;
2. within an Area of Concentrated Development;
3. for Starter Homes, an area zoned for residential use that is not otherwise eligible to be a Highly Suitable Location, only if all or a portion of the Starter Home Zoning District has Pedestrian Access within a distance of no more than ¾ mile to a Pedestrian Destination and the Starter Home Zoning incorporates Cluster Zoning so as to permit Cluster Development, and requires all development under the Starter Home Zoning to utilize Low Impact Development Techniques and to include features that encourage walking within Starter Home Projects; or
4. a location, not otherwise eligible to be a Highly Suitable Location, where residential or Mixed-use Development would nonetheless promote Smart Growth, as demonstrated by the Municipality through documentation satisfactory to DHCD, demonstrating the degree to which:
a. the location is near a rapid transit or commuter rail station or bus or ferry station terminal, though not within a Substantial Transit Access Area;
b. the location has Pedestrian Access within a distance of ¾ mile to a Pedestrian Destination;
c. proposed zoning in the location and existing zoning near the location will encourage compact, land-use-efficient design, and Mixed-use Development;
d. infill and redevelopment of previously-developed areas with Infrastructure are likely to occur that will help to preserve open space, farmland, natural beauty, and critical environmental areas elsewhere in the Municipality; and
e. prior identification as an appropriate locus for higher-density housing or higher-density Mixed-use Development in an adopted regional or state plan.
(b) Factors DHCD may consider in determining whether a location that does not qualify under 760 CMR 59.04(1)(a) as being either within a Substantial Transit Access Area or an Area of Concentrated Development is nonetheless a Highly Suitable Location for a District include, without limitation, the extent to which the area is characterized by:
1. Infrastructure, including access to public facilities for storm water and wastewater transport, treatment and disposal and public water supply;
2. Multi-modal Access;
3. Existing Underutilized Facilities; or
4. a location within or immediately adjacent to a Priority Development Area.
(c) An area will not qualify as a Highly Suitable Location if more than 50% of the proposed District contains Prime Farmland Soils on state-owned land. If more than 50% of a proposed District has Prime Farmland Soils that are not state-owned, DHCD may take into account the availability of other potential Highly Suitable Locations in the Municipality, and may request additional information from the Municipality, to determine whether the proposed District qualifies as a Highly Suitable Location.
(d) DHCD may from time to time issue guidance as to other factors that are relevant to the determination of whether a location is Highly Suitable.
Historic District. A district in a Municipality characterized by the historic and or architectural significance of buildings, structures, and sites, and in which exterior changes to and the construction of buildings and structures are subject to regulations adopted by the Municipality pursuant to M.G.L. c. 40C or other state law. Within any such Historic District, the provisions and requirements of the Municipal Historic District regulations may apply to existing and proposed buildings. A District may include all or part of one or more existing Historic Districts, and it may be coterminous or non-coterminous with the Historic District. A Municipality may establish or enlarge an Historic District within an Approved District, but whether such Historic District renders the District non-compliant with the provisions of M.G.L. c. 40R and 760 CMR 59.00 shall be subject to DHCD review in accordance with 760 CMR 59.05(5). DHCD's review of such a new or enlarged Historic District shall be limited to compliance with M.G.L. c. 40R and 760 CMR 59.00. See also 760 CMR 59.02: Substantially Developed Land.
Housing Production Plan. An affordable housing plan adopted by a Municipality and approved by DHCD in accordance with 760 CMR 56.03(4).
Housing Production Summary. A detailed summary, consistent with guidance and/or templates issued by DHCD regarding format and content, of the Municipality's:
(a) affordable housing production history;
(b) housing needs and housing demand assessment;
(c) analysis of development constraints and capacity;
(d) current housing goals and strategy for achieving those goals; and
(e) proposed locations for affordable housing production.
HUD. The United States Department of Housing and Urban Development.
Incentive Units. For a given parcel or area of Developable Land within a District, the number of Future Zoned Units, less the number of Existing Zoned Units for the same parcel or area of land, except that an Accessory Dwelling Unit shall not qualify as an Incentive Unit.
Income-restricted and Income-restriction. A housing unit will be considered Income-restricted if:
(a) It is subject to an affordable housing restriction as defined in M.G.L. c. 184, § 31, with a term of no less than 30 years, and which meets the standards set out in 760 CMR 56.02: Use Restriction and guidance issued by DHCD;
(b) For a rental unit, the tenant is required to be an individual or household whose annual income is less than or equal to 100% of the Area Median Income and the monthly rent plus a reasonable allowance for applicable utilities is less than or equal to 30% of 1/12 of the Area Median Income; and
(c) For a homeownership unit, the purchaser is required to be an individual or family whose annual income is less than or equal to 100% of the Area Median Income and the maximum sale price at initial sale or resale is equal to or less than the maximum purchase price limit which meets the standards set out in guidance issued by DHCD.
Infrastructure. The basic facilities, services, and installations needed for the functioning of the area of the Municipality within which the District is to be located, including: Pedestrian Access and vehicular access; public and private facilities for storm water and wastewater transport, treatment and disposal; and water and power supply lines. For purposes of a Starter Home Zoning District only, Infrastructure shall not be required to include public sewer and/or public water supply.
Letter of Approval. A letter issued by DHCD to a Municipality upon the adoption of its 40R Zoning for a District, confirming final approval of an entire District under M.G.L. c. 40R and 760 CMR 59.00. See760 CMR 59.05(4).
Letter of Conditional Approval. A letter issued by DHCD to a Municipality upon the adoption of its 40R Zoning for a District, that approves the District designation but withholds authorization of all or part of the Zoning Incentive Payment in accordance with 760 CMR 59.05(4)(d) because the Municipality has not met all of the criteria for payment of the Zoning Incentive Payment for the entire District under 760 CMR 59.04(1), including, for example, Infrastructure or Planned Infrastructure requirements under 760 CMR 59.03(1)(j) and 59.04(1)(k) and all requirements to be considered an Eligible Location pursuant to 760 CMR 59.04(1)(a). The identified conditions may pertain to all or part of the District. See760 CMR 59.05(4)(d).
Letter of Conditional Eligibility. A letter issued by DHCD to a Municipality, finding that a proposed District would meet the approval requirements set forth in 760 CMR 59.04(1) if certain identified conditions were satisfied, including, for example, Infrastructure or Planned Infrastructure requirements under 760 CMR 59.03(1)(j) and 59.04(1)(k) or a provision in Starter Home Zoning specifying that Additional Municipal Standards shall not apply under the Starter Home Zoning District. See760 CMR 59.05(2).
Letter of Denial. A letter issued by DHCD to a Municipality, finding that a proposed District would not meet the approval requirements set forth in 760 CMR 59.04(1), and informing the Municipality of the deficiencies in its 40R Zoning Application. See760 CMR 59.05(2).
Letter of Eligibility. A letter issued by DHCD to a Municipality, finding that a proposed District would meet the approval requirements set forth in 760 CMR 59.04(1). See760 CMR 59.05(2).
Letter of Noncompliance. A letter from DHCD finding that a Municipality has failed to demonstrate compliance with M.G.L. c. 40R and 760 CMR 59.00. See760 CMR 59.07(3).
Low Impact Development Techniques. Development techniques suitable to a particular site that protect the natural features of the site, including, without limitation:
(a) natural resource oriented site design;
(b) appropriately scaled and decentralized stormwater management techniques that limit the rate of off-site storm water runoff (both peak and non-peak flows) to levels substantially similar to natural hydrology (or, in the case of a redevelopment site, that reduce such flows from pre-existing conditions), through means including, bioretention/rain gardens, infiltration/permeable pavements, stormwater planters, vegetated swales, vegetated buffers, cisterns, rain barrels, and green roofs; and
(c) appropriately scaled roads.
MassGIS. The Massachusetts Office of Geographic Information.
Mixed-use Development. A Project containing:
(a) for Smart Growth Zoning Districts, a mix of Multi-family Residential, two- and three-family residential, or single-family residential uses, together with commercial, institutional, industrial, or other non-residential uses; or
(b) for Starter Home Zoning Districts, a mix of any Starter Home units with commercial, institutional, industrial, or other non-residential uses; in which the applicable residential densities set forth in 760 CMR 59.04(1)(d)3. and 760 CMR 59.04(1)(d)4., respectively, apply proportionally to the residential portion of the Mixed-use Development Project in accordance with 760 CMR 59.04(1)(d)1.
Multi-family Residential Use. Apartment or condominium units in individual buildings each of which contains or will contain more than three such units, provided that the 40R Zoning may treat attached dwelling units on separate lots as single-family residential use. See760 CMR 59.04(1)(d).
Multi-modal Access. Access by two or more alternative modes of transport, of which one means of access is non-motorized. Such modes may include:
(a) direct Pedestrian Access over a distance of no more than ½ mile to public transit serving a Pedestrian Destination with a minimum of hourly frequency during peak periods; or
(b) use of a sidewalk, shared-use path, marked bicycle lane or cycle track providing, or connecting to, safe, practical and continuous non-motorized access to a Pedestrian Destination.
Municipality. Any Massachusetts city or town, including without limitation the City of Boston.
Pedestrian Access. Safe, practical and continuous access for walking by means of a sidewalk, path, or a roadway with a design speed of 20 miles per hour or less.
Pedestrian Destination. A location that pedestrians frequently use, such as an elementary or high school; a college or university; a hospital; a Municipal office building, public library, post office, public safety facility, or other civic facility; a general or neighborhood commercial or business area with substantial employment, retail or entertainment activity; an active recreational facility open to the public; public transit or a bus stop along a route serving an Eligible Location or Adjacent Area at a minimum of hourly frequency during peak periods.
Plan Approval Authority or Approving Authority. A unit of Municipal government designated by the Municipality to review projects and issue approvals under M.G.L. c. 40R, § 11. See760 CMR 59.04(1)(f).
Plan Review. The standards and procedures by which a proposed Project within a District is made subject to review by the Plan Approval Authority under the provisions of the 40R Zoning, in accordance with M.G.L. c. 40R, § 11 and 760 CMR 59.00. See760 CMR 59.04(1)(f).
Planned Infrastructure. Infrastructure for which certification by a Municipal engineer or public works, board of health or conservation commission official or other person with similar expertise pursuant to 760 CMR 59.03(1)(j) has been submitted to establish the timing for completion of the improvements (to be within five years of the 40R Zoning Application date, or other reasonable time period approved by DHCD), the identity of the entities responsible for completing the improvements, and that the District will not be overburdened by the build-out of the Future Zoned Units within the District as the Infrastructure exists or may be practicably upgraded.
Prime Farmland Soils. Land with soils identified in data released by MassGIS that has been in active agricultural use within the past five years that have not been granted an exception consistent with requirements established by the Executive Office of Environmental Affairs and the Department of Agricultural Resources.
Priority Development Area. A location that is all or part of an area designated as a "priority development area" or equivalent in the most current regional plan(s) adopted by the district or planning commission or regional planning and economic development commission established pursuant to M.G.L. c. 40B, § 4 or § 12, for the district or region in which the Municipality is located.
Production Bonus Payment. A one-time payment to a Municipality for each Bonus Unit within a Starter Home Zoning District for which a building permit has been issued.
Project. A residential development or Mixed-use Development undertaken within a District pursuant to the approval of a Plan Approval Authority in accordance with the requirements of the 40R Zoning. Within the boundaries of a District a developer may elect either to develop a Project in accordance with the requirements of the 40R Zoning, or to undertake development in accordance with the requirements of the Underlying Zoning.
Render Development Infeasible. To prevent or make physically or economically impracticable the development of residential or Mixed-use Development Projects at the As-of-right residential density set forth in the Starter Home Zoning.
Site Control. Fee ownership of, a long-term leasehold interest in, or a right to develop one or more sites that, in the aggregate, comprise at least 50% of the Developable Land Area of a proposed Starter Home Zoning District. Site Control shall be demonstrated, as to each such site, by means of one or more of the following: a recorded deed; a lease with a term of at least 30 years, as to which a notice of lease has been recorded; or an executed, legally enforceable purchase agreement or option to purchase.
Smart Growth. A principle of land development that furthers, on balance, the following goals set forth in M.G.L. c. 40R, § 1 and 760 CMR 59.00:
(a) Increasing the availability of Affordable housing by creating a range of housing opportunities in neighborhoods;
(b) Emphasizing mixing land uses;
(c) Taking advantage of compact design;
(d) Fostering distinctive and attractive communities;
(e) Preserving open space, farmland, natural beauty and critical environmental areas;
(f) Strengthening existing communities;
(g) Providing a variety of transportation choices;
(h) Making development decisions predictable, fair and cost effective; and
(i) Encouraging community and stakeholder collaboration in development decisions.
Smart Growth Zoning. The Municipal zoning overlay requirements adopted or changed by amendment by the Municipality pursuant to M.G.L. c. 40R, in accordance with the procedures for zoning adoption and amendment set forth in M.G.L. c. 40A for communities other than the City of Boston, or by other applicable law in the case of the City of Boston, and approved by DHCD which provide for the development of Smart Growth Projects pursuant to M.G.L. c. 40R and 760 CMR 59.00 and in accordance with DHCD guidance.
Smart Growth Zoning District. A District adopted by a Municipality pursuant to its Smart Growth Zoning, that is superimposed over one or more zoning districts in an Eligible Location.
Start of Construction. With respect to an Approved District, the commencement of construction activity, such as the pouring of foundations or footings, utility relocation, or the remediation of hazardous materials within an Approved District on a Project or on a Planned Infrastructure upgrade identified in the Municipality's 40R Zoning Application, provided that such construction is continued through to completion of a Project, in accordance with 760 CMR 59.07(1)(f).
Starter Home. A single-family home not exceeding 1,850 square feet in heated living area, not including any associated Accessory Dwelling.
Starter Home Zoning. The Municipal zoning overlay requirements adopted or changed by amendment by the Municipality pursuant to M.G.L. c. 40R, in accordance with the procedures for zoning adoption and amendment set forth in M.G.L. c. 40A for communities other than the City of Boston, or by other applicable law in the case of the City of Boston, and approved by DHCD, which provide for the development of Starter Homes pursuant to M.G.L. c. 40R and 760 CMR 59.00 and in accordance with DHCD guidance.
Starter Home Zoning District. A District consisting of not less than three contiguous acres of Developable Land area, adopted by a Municipality pursuant to its Starter Home Zoning, that is superimposed over one or more zoning districts in an Eligible Location.
Substantial Transit Access Area. A location that comprises:
(a) In the case of a Smart Growth Zoning District, part or all of the land located within ½ mile distance of any rapid transit or commuter rail station, bus or ferry terminal (measured from the entry point(s) to the passenger platforms); and
(b) In the case of a Starter Home Zoning District, part or all of the land located within a one mile distance of any rapid transit or commuter rail station, bus or ferry terminal (measured from the entry point(s) to the passenger platforms).
Substantially Developed Land. Land within a District that is currently used for commercial, industrial, institutional, or governmental use, or for residential use consistent with or exceeding the densities allowable under the Underlying Zoning, and which does not qualify as Underutilized Land. Any land located within a Historic District shall be presumed to be Substantially Developed, unless the Municipality can show that all or a portion of such land qualifies as Developable Land.
Underlying Zoning. The Municipal zoning requirements adopted pursuant to M.G.L. c. 40A (or, in the case of the City of Boston, other applicable law) that are otherwise applicable to the geographic area where a District is located or proposed. The Underlying Zoning shall include all zoning and existing overlays applicable to such geographic area and shall not be limited to the base zoning layer. Solely for the purposes of calculating existing residential densities under 760 CMR 59.03(1), the Underlying Zoning shall be deemed to be the zoning which was in effect one year prior to the date upon which the 40R Zoning Application was submitted to DHCD.
Underutilized Land. Developable Land within a District that would otherwise qualify as Substantially Developed Land, consistent with guidance issued by DHCD, but which:
(a) is characterized by improvements that have a marginal or significantly declining use, as measured by such factors as vacancy rates, extent of operation, current and projected employment levels, market demand for the current uses or the uses to which the existing improvements could readily be converted, low value of improvements in relation to land value, and low floor area ratio in relation to the floor area ratio that would be permitted under the applicable Underlying Zoning; (b) as demonstrated by existing or anticipated market conditions, may have reasonable potential to be developed, recycled, or converted into residential or Mixed-use Development consistent with Smart Growth; and
(c) for a Starter Home Zoning District, solely for purposes of determining whether the District consists of not less than three contiguous acres of Developable Land area, DHCD may also include in the calculation of Underutilized Land certain additional land that would otherwise qualify as Substantially Developed Land, where DHCD determines that there is reasonable potential for such land to be more intensively developed in accordance with Starter Home Zoning.
Unreasonably Impair. To add unreasonable costs or unreasonably diminish the economic feasibility of proposed Projects in a District by means of a provision of 40R Zoning or a Design Standard.
Zoning Incentive Payment. A one-time payment to a Municipality that is made after DHCD issuance of a Letter of Approval or Letter of Conditional Approval authorizing such payment. See760 CMR 59.06(1).
760 CMR 59.02