Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 62.00 - Commercial Area Transit Node Housing Program
Section 62.02 - Definitions

Area Median Income. Income, adjusted for family size, and for the pertinent region, as determined by the United States Department of Housing and Urban Development (HUD).

CATNHP Guidelines. Guidelines issued by the Department setting out, clarifying and further explaining 760 CMR 62.00, program policy and procedure, as amended, supplemented or replaced. The CATNHP Guidelines shall apply to all CATNHP financing programs subject to 760 CMR 62.07 and 62.08.

CATNHP Legislation. Collectively, the CATNHP I Legislation, the CATNHP II Legislation, the CATNHP III Legislation, and the CATNHP IV Legislation, or, where the context so requires, the specific legislation applicable, respectively, to CATNHP I, CATNHP II, CATNHP III, CATNHP IV financial support, as appropriate.

Commercial Component. The portion of a Mixed Use Development that is commercial or retail.

Department. The Department of Housing and Community Development (DHCD).

Eligible Project/Activity (Project). The development of residential housing units located within Neighborhood Commercial Areas or Transit-oriented Development located Proximate to Public Transit Nodes.

For-profit Organization. An entity, including a corporation, partnership or trust organized under the laws of the Commonwealth or another state. To qualify as a For-profit Organization for purposes of CATNHP, no member, shareholder, director, officer or employee of the corporation or its board of directors can profit, in any way, from the CATNHP financial support or from the Project. The For-profit Organization must also demonstrate to the satisfaction of the Department, its capability of managing all of its responsibilities to the Eligible Project.

Low or Moderate Income Person or Family. An individual or family whose adjusted income is less than 80% of the Area Median Income.

Mixed Use Development. A development that includes both residential housing units and commercial or retail space, including projects which have residential units above commercial space.

Municipality. A city or town of the Commonwealth of Massachusetts.

Neighborhood Commercial Areas. Areas characterized by a predominance of commercial land uses, a high daytime or business population or a high concentration of daytime traffic and parking, including areas designated as main street areas, as specified in the CATNHP Guidelines.

Nonprofit Corporation. A corporation organized under M.G.L. c. 180, which may also be required by DHCD to be a 501(c)(3) organization under the Internal Revenue Code at the time of application or financing closing. To qualify as a Nonprofit Corporation for purposes of CATNHP, no member, shareholder, officer or employee of the corporation or its board of directors can profit, in any way, from the CATHNP financial support or from the Project. The Nonprofit Corporation must also demonstrate, to the satisfaction of the Department, the capability of managing all of its responsibilities to the Project.

Project Sponsor. A Municipality, a Nonprofit Corporation or a For-profit Organization that meets the requirements of 760 CMR 62.00.

Proximate to Public Transit Nodes. An area within .25 (¼) miles of a Public Transit Node that constitutes an eligible location pursuant to the Executive Office of Transportation's regulations at 701 CMR 6.03: Definitions. An Eligible Location shall have adequate access to the Public Transit Node or will have adequate access resulting from the proposed Project.

Public Transit Node. An existing transit station or planned public transit station, including a commuter rail station, subway station, ferry terminal, bus station or bus rapid transit station. A Public Transit Node shall include, without limitation, parking areas proximate to the existing or planned transit station, entrance gates and ticket dispensers.

Transit-oriented Development. One or more planned, proposed, or existing housing developments around a Public Transit Node characterized by a predominance of the following: higher density, a mix of uses, pedestrian-oriented design, facilities for non-motorized transportation such as bicycle transportation, parking ratios that reflect access to transit, and direct and convenient access to a Public Transit Node.

UCH-TIF Plan. A plan for an urban center housing tax increment financing (UCH-TIF) program for an Urban Center Housing Zone that meets the requirements set out in 760 CMR 58.06: The UCH-TIF Plan.

Urban Center Housing Zone. A commercial center in a Municipality or Municipalities for which a UCH-TIF Plan has been adopted and approved by the Municipality or Municipalities and which is approved by the Department in accordance with 760 CMR 58.11: Assignment of Option, Right of First Refusal. In the case of a UCH-TIF Plan adopted by more than one Municipality, the areas designated as Urban Center Housing Zones shall be contiguous areas of those Municipalities.