Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 12.00 - Urban renewal regulations
Section 12.02 - Urban Renewal Plans

Universal Citation: 760 MA Code of Regs 760.12

Current through Register 1531, September 27, 2024

The Department of Housing and Community Development (Department) is charged with the responsibility for the review and decision on an application for approval of an Urban Renewal Plan. If the Department makes the findings set out in M.G.L. c. 121B, § 48, it shall approve the Plan.

Each application shall contain the following:

(1) An executive summary, outlining the urban renewal agency's reasons for developing the Plan, what it hopes to accomplish and how it will accomplish it.

(2) Characteristics. Plans or maps (the Department will accept assessor's maps or other similar types of maps) of the project area and the immediately surrounding area, showing:

(a) Boundaries of the project area;

(b) Existing property lines and the footprint of buildings, existing and proposed;

(c) Existing uses, and the current zoning;

(d) Proposed land uses, public improvements and other activities;

(e) All thoroughfares, public rights of way and easements, existing and proposed;

(f) Parcels to be acquired;

(g) Lots to be created for disposition;

(h) Buildings to be demolished;

(i) Buildings to be rehabilitated;

(j) Buildings to be constructed.

(3) Eligibility. Data and other descriptive material which demonstrates that the project area is a blighted open area, a decadent area, and/or a substandard area within the definitions set out in M.G.L. c. 121B, § 1. The data and other descriptive material shall also show:

(a) Where clearance is proposed, a showing that buildings are functionally obsolete, structurally substandard or not reasonably capable of being rehabilitated for productive use, and a showing that the extent of clearance proposed is justified and necessary, with particular attention paid to justifying the acquisition of individual parcels of basically sound property;

(b) Where spot clearance is proposed, a showing that the clearance is necessary in order to achieve the objectives of the Plan;

(c) Where rehabilitation is proposed, a showing that:
1.it is economically feasible to rehabilitate the properties in the project area;

2.the existing street and land use pattern can be adapted to the objectives of the Plan; and

3.the area has desirable qualities and other evidence of vitality establishing a likelihood that rehabilitation activities will restore the area over the long-term.

(d) The Urban Renewal Plan is based upon a local survey and conforms to any existing planning documents covering the urban renewal area as a whole including, but not limited to, a comprehensive plan for the locality.

(4) Objectives. A statement of the objectives of the Plan including:

(a) Specification and explanation of all proposed redevelopment (in any project area the reuse of which will be predominantly residential, an objective shall be the provision of housing units for low or moderate income persons);

(b) A detailed estimate of how many jobs will be retained, how many created, and how many eliminated as a result of the proposed renewal and redevelopment; and

(c) The specific provisions which exist or which will be established to control densities, land coverage, land uses, setbacks, offstreet parking and loading and building height and bulk, and design guidelines, if appropriate.

(5) Acquisitions. The Plan must specify which parcels are to be acquired and justify why those parcels need to be acquired to achieve the objectives of the Plan, and which parcels need not be acquired.

(6) Relocation. A relocation plan conforming to all applicable requirements appearing in federal law, M.G.L. c. 79A, and the regulations and guidelines thereunder.

(7) Site Preparation. Specification of all proposed site preparation, including land protection and measures to address environmental, topographic, subsoil or flood problems. Any special site preparation or land protection problems shall be identified.

(8) Public Improvements. Specification of any public improvements, a description of their general design and an explanation of how the improvements will help achieve the objectives of the Plan.

(9) Disposition. The Plan must specify the disposition proposed for each parcel and identity of any known redeveloper.

(10) Redeveloper's Obligation. Specification of the obligations which have been imposed or will be imposed upon redevelopers for construction of improvements within a reasonable time and in conformity with the Plan. If specific or general commitments for redevelopment exist, specification of the commitments in all pertinent detail, including copies of any contracts, plans, or proposals.

(11) Time Frame. Describe proposed time lines for completing redevelopment. All Urban Renewal Plans must have a specified end date.

(12) Financial Plan. A project proforma/budget which shall include cost estimates for:

(a) Site preparation;

(b) All proposed public improvements;

(c) Relocation expenses;

(d) Planning, legal, financing and administrative costs;

(e) Acquisitions (which can be based on assessor's data);

(f) An estimate of the amount and source(s) of project revenues.

(13) Citizen Participation. A report on citizen participation describing citizen participation in the planning process and a plan for continuing citizen participation during the project execution. Showing meaningful citizen participation is necessary for approval of the Plan.

(14) Requisite Municipal Approvals. Evidence of a public hearing and the requisite municipal approvals specified in M.G.L. c. 121B, § 48, and an opinion of counsel to the urban renewal agency certifying that the proposed Urban Renewal Plan was adopted in accordance with M.G.L. c. 121B, § 48 and is in compliance with applicable laws.

(15) Massachusetts Environmental Policy Act (MEPA). The Plan must indicate:

(a) if review of the Plan under MEPA and implementing regulations is complete; and

(b) if review of any known redevelopment project under MEPA and implementing regulations is complete and/or MEPA has issued a Phase 1 waiver with respect to such project(s). If so, include copies of the MEPA approvals in the Urban Renewal Plan. If not, DHCD's approval will be issued conditional upon completion of MEPA review.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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