(1)
Application for Preliminary Determination of Eligibility for 40R
Zoning. The chief executive of a Municipality or duly authorized
designee desiring to adopt 40R Zoning for a proposed District shall submit to DHCD
the following application materials, and such other materials as may be required by
guidance or forms issued by DHCD, for its preliminary determination of eligibility
under
760 CMR
59.05(2):
(a) An application in the form prescribed by
DHCD.
(b) A copy of the proposed 40R
Zoning, 40R Zoning map and Design Standards (if not contained in the 40R Zoning) for
the District.
(c) One or more plans or
maps that collectively are sufficient to show:
1.
The location of the proposed District and any sub-Districts, and the relevant
features (e.g., associated Area of Concentrated Development) to
enable DHCD to determine whether it qualifies as a Highly Suitable
Location;
2. The areas within the
proposed District that qualify as Developable Land including Underutilized Land (if
any), and areas excluded from Developable Land pursuant to
760 CMR
59.02: Developable Land, with the total acreage of
each area;
3. On a parcel-by-parcel
basis, as applicable, the existing residential units and existing As-of-right
residential densities within the proposed District;
4. Proposed As-of-right densities in any
sub-District as well as documentation of any concurrently proposed 40R developments;
and
5. If development of the proposed
District will require the creation of new roadways, a concept plan showing how
residential density would be achieved with the inclusion of roadways meeting
applicable Municipal standards.
(d) A 40R density data spreadsheet on a form
provided by DHCD.
(e) Any Municipal and
developer certifications required pursuant to 760 CMR 59.03(1)(j) and 760 CMR
59.03(1)(k), as applicable.
(f) For a
proposed Starter Home Zoning District, a statement whether any Additional Municipal
Standards will apply to development under the Starter Home Zoning.
(g) A copy, including both text and map(s), of the
Underlying Zoning for the District.
(h)
A demonstration of the Municipality's housing history and strategy by means of:
1. A Comprehensive Housing Plan adopted by the
Municipality within the past five years (or a longer period if the Municipality
submitted updates to such Comprehensive Housing Plan in accordance with DHCD
guidance); a Housing Production Plan previously adopted by the Municipality and
still in effect; or a Housing Production Summary; and
2. For Smart Growth Zoning Districts only, a
description of other residential development opportunities for infill housing and
the residential re-use of existing buildings and underutilized buildings;
and
3. An assessment of Municipal
housing needs for households in protected classes identified in state and federal
law, addressing how housing choice for such households will be served. The
Municipality shall submit a statement that it will comply with the requirements for
affirmative fair housing marketing of any Affordable or Income-Restricted units, as
applicable, pursuant to
760 CMR
59.04(1)(j).
(i) Documentation that the Municipality
has complied with the public notice and hearing requirements of
760 CMR
59.05(1). A Municipality may
submit with its application any letters of support issued by the planning board,
board of health, conservation commission, or other interested parties.
(j) Sufficient information, certified by a
Municipal engineer, or public works, board of health or conservation commission
official or other person with similar expertise, to demonstrate that the impacts of
the build-out of the Future Zoned Units within the District are consistent with
Smart Growth and will not overburden Infrastructure (which for the purposes of 760
CMR 59.03(1)(j) shall also include improvements to public Dedicated Open Space and
public recreational facilities) as it exists or may be practicably upgraded to
provide adequate accommodation of the demands of the District's existing and future
residents and uses. Such material shall describe any such Planned Infrastructure
upgrades, including 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, taking into consideration the anticipated build-out schedule or timeline)
and the identity of the entities responsible for completing the improvements.
If, at the time of the 40R Zoning Application, the Municipality does
not have information to demonstrate that the impacts of the build-out of the Future
Zoned Units within the District will not overburden Infrastructure as described in
760 CMR 59.03(1)(j), it may request a Letter of Conditional Approval, subject to its
subsequent compliance with 760 CMR 59.03(1)(j) as provided in
760 CMR
59.05(4).
(k) For Starter Home Zoning Districts only:
1. copies of any Additional Municipal Standards
that will apply to development under the Starter Home Zoning, together with one of
the following:
a. A Developer Certificate of
Feasibility with respect to Additional Municipal Standards;
b. Documentation demonstrating that such
Additional Municipal Standards do not Render Development Infeasible, certified by a
Municipal official, civil engineer or other individual with appropriate expertise to
evaluate and opine as to the feasibility of such development; or
c. Documentation substantiating the circumstances
the Municipality asserts warrant the imposition of Additional Municipal Standards on
development under the Starter Home Zoning in the proposed District, which shall be
certified by a Municipal engineer or by a public works, board of health or
conservation commission official with relevant expertise, unless otherwise
substantiated in accordance with guidance issued by DHCD.
2. If required pursuant to 760 CMR 59.03(2)(a)6.,
a Developer Certificate of Feasibility with respect to Design
Standards.
(l) Additional
materials, including narrative and exhibits as required, upon the form of
application or in the format determined by DHCD, demonstrating that the proposed
District satisfies the approval requirements of
760 CMR
59.04(1).
(m) If applicable, the Municipality's request for
an area waiver under
760 CMR 59.04(2)
or (with respect to Smart Growth Districts only)
density reduction under
760 CMR
59.04(3).
(2)
Application for Expedited Review
for Certain Starter Home Zoning Districts.
(a)
Eligibility. To
qualify for the expedited eligibility determination process, a proposed Starter Home
Zoning District must meet the following requirements:
1. The Starter Home Zoning must conform
substantially to the DHCD Starter Home Zoning template and be submitted with the 40R
Application with all changes from the template indicated.
2. The Starter Home Zoning District shall allow
for no more than 30 Starter Homes in the District.
3. The Starter Home Zoning District shall require
that each Starter Home in the District contain at least three bedrooms.
4. The Starter Home Zoning District shall utilize
Low Impact Development Techniques best practices for development. DHCD may issue
guidance from time to time identifying the standards that will apply.
5. The Starter Home Zoning District shall utilize
best practices for roadway and subdivision design. DHCD may issue guidance from time
to time identifying the standards that will apply.
6. Unless the 40R Application is accompanied by
Developer Certificate of Feasibility:
a. Design
Standards shall address no more than the size and location of garages/ carports,
decks or other non-living area structures associated with a Starter Home or
Accessory Dwelling Unit, as applicable, and the basic roof style; and
b. No Additional Municipal Standards shall apply
to development under the Starter Home Zoning.
(b)
Procedure for Review.
Within 15 days of DHCD's receipt of a Municipality's 40R Application under 760 CMR
59.03(2), DHCD will notify the Municipality in writing or by electronic
communication if any required element of its 40R Application is missing or
incomplete. Such notification shall constitute a denial of the 40R Application
unless the missing or incomplete elements are addressed within 30 days after the
notification, or other reasonable time period established at DHCD's discretion. DHCD
will issue a preliminary determination of eligibility pursuant to
760 CMR
59.05(2) on the later to occur
of:
1. 60 days from the date on which DHCD received
a Municipality's 40R Application; or
2.
45 days from DHCD's receipt of the last missing or incomplete element of the
application.
(3)
Review of Existing District. A Municipality may apply to
DHCD for approval of an existing zoning district adopted pursuant to M.G.L. c. 40A
prior to its application as a District under M.G.L. c. 40R and
760 CMR 59.00. The application
shall be the same as for a newly proposed District, and the existing zoning district
must meet the approval requirements set forth in
760 CMR
59.04(1). Following DHCD's
issuance of a Letter of Eligibility or Letter of Conditional Eligibility under
760 CMR
59.05(2), and a Municipality's
satisfaction of all conditions in such a Letter of Conditional Eligibility pursuant
to
760 CMR
59.05(4), the Municipality will
become entitled to Bonus Payments under
760 CMR
59.06(2), but it will not be
eligible for a Zoning Incentive Payment under
760 CMR
59.06(1).
(4)
Coordinated Review
Procedures. DHCD may cooperate with other agencies in developing
procedures by which the review of an application for a proposed District under
M.G.L. c. 40R and
760 CMR 59.00 may be coordinated
with the review of a proposed commercial center under M.G.L. c. 40, § 60,
and/or the review of a proposed development district under M.G.L. c. 40Q.
