(1)
Application Materials. Applications must be submitted
in a manner and form to be determined by the Department, and shall include all
of the following information:
(a) Copy of home
rule petition and date submitted and proof of Local Approval.
Home rule petitions previously filed and associated Local
Approvals do not need to be updated or resubmitted to the general court to be
eligible for participation in the Demonstration Project.
(b) Copy of proposed by-law or ordinance for
participation in the Demonstration Project. If the city or town proposes a
by-law or ordinance that is not the model rule, the application must include an
explanation of differences and provide the applicant's rationale for any
differences.
(c) An implementation
plan, including:
1. If Local Approval of the
community's proposed by-law or ordinance has not been acquired, the community's
plan, including any associated timelines, for acquiring Local Approval of the
proposed by-law or ordinance;
2. If
Local Approval of the community's proposed by-law or ordinance has been
acquired, timeline and effective dates of the by-law or ordinance's provisions
or requirements;
3. A demonstrated
commitment to collaborate with the Department on data collection, reporting,
and outreach/training;
4.
Description of the current process within each city and town for storing
building permit data and certificates of occupancy;
5. Description of how the by-law or ordinance
will affect the use of fossil fuels for commercial and industrial Process Load
in buildings subject to the by-law or ordinance including, but not limited to,
restaurants, dry cleaners, and manufacturing uses;
6. Description of exemption or waiver process
from any requirements, if any, to be included in the by-law or
ordinance.
(d)
Documentation sufficient to demonstrate that the applicant has achieved at
least one of the three housing production eligibility thresholds set forth in
225
CMR 24.05(2).
1. Prioritized and Substitute Communities
that do not meet one of the three housing production and eligibility thresholds
set forth in
225
CMR 24.05(2) at the time of
application may submit an application but must include an explanation of its
current status and the applicant's plan to meet such criteria on or before
February 11, 2024.
2. Prioritized
and Substitute Communities that do not meet one of the housing production and
eligibility thresholds set forth in
225
CMR 24.05(2) at the time of
application must provide updates at regular intervals, to be established by the
Department, on its status and progress in meeting such criteria on or before
February 11, 2024.
(2)
Additional Materials for
Substitute Communities. In addition to the above components, an
application from a Substitute Community must include a description of the
actions it has taken or will take after the adoption of the proposed by-law or
ordinance, to encourage the production of multi-family housing. This
description should include, but is not limited to:
(a) The community's progress toward creation
of a multi-family zoning district compliant with M.G.L. c. 40A, § 3A, if
applicable.
(b) Initiatives taken
by the community to support the preservation and production of housing units,
including multi-family housing.
(c)
Substitute Communities may submit letters of support from community leaders
and/or community members.
(3)
Review Process.
The Department will review and approve applications from Prioritized
Communities on a rolling basis.
(a) The
Department shall withhold approval of an application submitted by any
Prioritized Community that does not, at the time of application, contain all
application materials listed in
225
CMR 24.04(1), until such
time as that community submits all materials listed in
225
CMR 24.04(1), or until
September 1, 2023, as provided in
225
CMR 24.04(3)(d).
(b) The Department shall issue a conditional
approval and withhold final approval of an application submitted by any
Prioritized Community that does not, at the time of application, meet the
housing production eligibility requirements set forth in
225
CMR 24.05(2), until such
time as that community demonstrates compliance with such requirements, or until
February 11, 2024, as described in
225
CMR 24.04(3)(g).
In the event the Department conditionally approves an
application on this basis, the Department will provide written notice to such
applicant, and proceed with review and approval of Prioritized Communities that
meet all applicable requirements.
(c) The Department will provide feedback on
completeness of application materials and notify applicant if any requirements
are not met, or if any clarifications are needed for approval.
(d) Prioritized Communities may update and
re-submit applications through September 1, 2023 based on Department
feedback.
(e) September 1, 2023 is
the final deadline for Prioritized Communities to submit a complete
application. If a Prioritized Community fails to submit a complete application
by September 1, 2023, the community will not be considered for participation in
the Demonstration Project.
(f)
Substitute Communities may update and re-submit applications through November
10, 2023.
(g) November 10, 2023 is
the final deadline for Substitute Communities to submit a complete
application.
(h) February 11, 2024
is the final deadline to meet all eligibility requirements listed in
225
CMR 24.05. After such date, an application of
any Prioritized or Substitute Community failing to meet the eligibility
requirements shall be designated as incomplete and shall expire and be deemed
void.
(4)
Final By-Law or Ordinance. If a Prioritized or
Substitute Community does not have Local Approval of their proposed by-law or
ordinance at the time of application, the community shall provide the
Department with a copy of the final by-law or ordinance once Local Approval is
acquired. The Department reserves the right to revoke a community's
Participating Community status if the final by-law or ordinance conflicts with
the requirements of St. 2022, c. 179, § 84.
Final by-laws or ordinances must be submitted to the Department
not later than July 1, 2024. A community may request an extension of this
deadline for good cause shown, which the Department will consider on a
case-by-case basis.
