Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v
Section 66.04 - Designation of Housing Development (HD) Zones

Universal Citation: 760 MA Code of Regs 760.66

Current through Register 1531, September 27, 2024

Following local approval pursuant to 760 CMR 66.03(3), the Municipality shall make an application to the Department for designation of the HD Zone. In addition to the requirements and standards of M.G.L. c. 40V, § 2 and certification by the Town or City Clerk of the grant of Local Approval pursuant to 760 CMR 66.03(3), each application shall contain the following materials.

(1) HD Zone.

(a) A statement identifying a name for the proposed HD Zone.

(b) The rationale for the proposed HD Zone including:
1. A statement describing the reasons for defining the boundaries of the HD Zone in the manner that is proposed; and

2. Independent and verifiable documentation that demonstrates the need for multi-unit Market Rate Residential Units in the HD Zone.

(c) Maps depicting existing conditions of the proposed HD Zone and the immediate surrounding area, including:
1. Boundaries of the HD Zone and any significant distinct features that help define the nature and scope of the HD Zone;

2. Locus within the Municipality;

3. Existing property lines and foot-print of buildings;

4. Existing use of each parcel;

5. Existing zoning of each parcel; and

6. If the HD Zone is to include areas in more than one Municipality these areas shall be contiguous and the description shall delineate the entire HD Zone together with the municipal boundaries.

(2) HD Zone Plan.

(a) Objectives of the HD Zone Plan. The HD Zone Plan shall include a statement describing how implementation of the HD Zone Plan will increase residential growth, expand diversity of housing stock, support economic development, and promote neighborhood stabilization in the HD Zone.

(b) Information on who will be undertaking the described development activities, to the extent such information is known to the Municipality.

(c) Maps depicting proposed development activities including:
1. Proposed development and redevelopment activities, public and private, including the identification of potential HD Projects, if known;

2. Proposed changes to property lines and foot-prints of existing buildings;

3. Proposed uses of each parcel, including identification of land in mixed uses and land in public use;

4. Proposed zoning changes related to use; and

5. Identification of all existing and proposed HD Zones within the Municipality.

(d) A tabular analysis comparing existing zoning requirements to proposed zoning requirements.

(e) HD Projects. A statement that the proposed HD Projects are eligible to receive a Preliminary Certification pursuant to 760 CMR 66.05(2).

(f) Market Rate Residential Units. Units will be considered Market Rate Residential Units if they are priced consistently with prevailing rents or sale prices in the municipality as determined based on criteria established by the department.

(g) Schedule and Duration. A schedule for implementation of the HD Zone Plan containing a description of anticipated events during the first five year period of the HD Zone Plan, and a statement identifying the duration of the HD Zone Plan. The duration of a HD Zone Plan may not be less than five years nor more than 20 years from the date of the Department's approval of the HD Zone Plan.

(h) Compliance with Fair Housing Obligations. A statement of how the Municipality will advance its affirmative fair housing obligations in the HD Zone.

(i) Consistency with Local Plans. To the extent applicable, a narrative explanation of how the HD Plan is consistent with other municipal or regional plans and initiatives relating to planning and development, including master plans, urban renewal plans, Gateway City initiatives, Business Improvement Districts, Urban Center Housing Tax Increment Financing Plans and Housing Production Plans.

(j) Any other reasonable information required by the Department.

(3) Time and Effect of Department Approval.

(a) If the Department determines that a proposed HD Zone and HD Zone Plan meet the requirements of M.G.L. c. 40V and 760 CMR 66.00, it shall approve the HD Zone and the HD Zone Plan. The Department's approval of a HD Zone and HD Zone Plan shall become effective only upon the recording of the Department's notice of approval with the appropriate registry of deeds and/or land court registry. Recording shall be undertaken by and at the expense of the Municipality or the Sponsor. Evidence that the HD Zone and HD Plan have been recorded shall be submitted to DHCD within ten days of recording.

(b) Upon approval, the HD Zone, and HD Zone Plan shall be final and cannot be amended except as provided at 760 CMR 66.08.

(c) If the Department determines that the application for designation of a HD Zone is not complete, it shall provide the Municipality with opportunity to supplement its application.

(d) If the Department determines that the proposed HD Zone or the HD Zone Plan do not meet the requirements of M.G.L. c. 40V and 760 CMR 66.00, it shall provide the Municipality written notice of such determination including the reasons for the determination.

(e) Suspension or Revocation of Approval. The following shall be grounds for the Department to suspend or revoke its approval of a HD Zone or a HD Tax Increment Exemption Agreement:
1. The Department determines that the Municipality's application for approval contained material misrepresentations; or

2. The Department determines that the Municipality has failed to adhere to material elements of its application for approval including, but not limited to, the description of public activities, the implementation schedule, and compliance with affirmative fair housing obligations.

(4) Multiple Participating Municipalities. When a HD Zone includes areas in more than one Municipality, Department actions pursuant to 760 CMR 66.04 shall apply to the HD Zone and the HD Zone Plan in its entirety.

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