Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 59.00 - Smart growth zoning districts and starter home zoning districts › Section 59.02 - Definitions

Current through Register 1525, July 5, 2024
40R Zoning
. A zoning overlay adopted by a
				Municipality pursuant to M.G.L. c. 40R that conforms to Smart Growth Zoning or
				Starter Home Zoning requirements.
40R Zoning Application
. An application for
				a preliminary determination of eligibility of 40R Zoning submitted by a Municipality
				to DHCD pursuant to
				760 CMR
				59.03(1).
Accessory Dwelling Unit
. A dwelling unit of
				600 square feet or less on the same lot as a Starter Home. An Accessory Dwelling
				Unit shall not qualify as a Future Zoned Unit or an Incentive Unit, but shall
				qualify as a Bonus Unit.
Additional Municipal Standards
. A Municipal
				environmental or health ordinance, bylaw or regulation that exceeds applicable
				requirements of state law or regulation.
Adjacent Area
. An area that:
(a) is physically contiguous to an Eligible Location qualifying as a
				Highly Suitable Location under
				760 CMR
				59.04(1)(a)1. through 3.;
(b) extends to a distance no more than ½ mile from an
				Eligible Location, except that if only a portion of a parcel of land lies within
				such a distance, the entire parcel may be included in the Adjacent Area; and
(c) provides Pedestrian Access to a qualifying Eligible
				Location.
To qualify as an Adjacent Area, the area must be currently served by
				Infrastructure or planned to be served within five years of the 40R Zoning
				Application by Planned Infrastructure. With respect to Starter Home Zoning Districts
				only, the Infrastructure or Planned Infrastructure required in an Adjacent Area need
				not include public sewer(s) or private wastewater treatment plant(s).
Affordable and Affordability
. A housing
				unit will be considered Affordable if:
(a) It is subject to an affordable housing restriction as defined in
				M.G.L. c. 184, § 31, with a term of no less than 30 years which meets the
				standards set out in
				760 CMR
				56.02:
Use Restriction
and guidance issued by DHCD for eligibility for the Subsidized Housing
				Inventory;
(b) For a rental unit, the tenant is required to be an individual or
				household whose annual income is less than or equal to 80% of the Area Median Income
				and the monthly rent plus a reasonable allowance for applicable utilities is less
				than or equal to 30% of 
				1/12 of the Area
				Median Income; and
(c) For a homeownership unit, the purchaser is required to be an
				individual or household whose annual income is less than or equal to 80% of the Area
				Median Income and the maximum sale price at initial sale and resale is less than or
				equal to the maximum purchase price limit which meets the standards set out in
				guidance issued by DHCD.
Approved District
. A District for which 40R
				Zoning has been adopted by a Municipality and for which a Letter of Approval has
				been issued by DHCD, in accordance with M.G.L. c. 40R and
				760 CMR 59.00, subject to any
				Letter of Noncompliance or Certificate of Revocation in effect pursuant to
				760
				CMR 59.07(3).
Area Median Income
. The area-wide median
				income as determined by HUD, adjusted for household size and using HUD's rules for
				attribution of income to assets.
Area of Concentrated Development
.
(a) An area:
1. That includes a city or town center; contiguous, previously
				developed portions of an existing commercial district that are substantial in the
				context of the Municipality; or a rural village district; the boundaries of which
				are clearly identified and submitted on a corresponding map;
2. That, except in the case of an existing rural village district as
				set forth in 760 CMR 59.02:
Area of Concentrated
				Development
(b) is currently served or scheduled to be served (as shown
				by sufficient documentation) within five years of the 40R Zoning Application by
				public sewer(s) and/or private sewage treatment plant(s) (applicable to Smart Growth
				Zoning Districts only);
3. Of which at least 50% of the total land area is either
				Substantially Developed Land or Underutilized Land; and
4. Of which the primary current use (or, in the case of
				Underutilized Land, the primary current zoning) of land and/or buildings is
				commercial (including retail, office, or industrial businesses) or mixed-use. Land
				designated as a commercial center under M.G.L. c. 40, § 60 qualifies as an Area
				of Concentrated Development.
(b) Notwithstanding anything to the contrary in
Area of
				Concentrated Development
, in areas that are not sewered or scheduled
				to be sewered, an existing rural village district will still qualify as an Area of
				Concentrated Development if:
1. it includes the Municipality's principal road intersection or
				other civic center point of the Municipality approved by DHCD and is characterized
				by the most Substantially Developed portions of the surrounding village area plus
				any land that would otherwise qualify as Substantially Developed Land or
				Underutilized Land within up to ½ mile distance of such principal road
				intersection or other approved civic center point;
2. it contains two or more of a town hall, post office, public
				library, public school, or public safety facility, or it contains an existing
				village retail district; and
3. at least 50% of the total land area within the existing rural
				village district is either Substantially Developed Land or Underutilized Land.
See
760 CMR
				59.04(1)(a)2.
As-of-right
. Housing development allowed
				under the Underlying Zoning or 40R Zoning without recourse to a special permit,
				variance, zoning amendment, discretionary waiver, or other form of zoning relief.
				Units that require Plan Review shall be considered As-of-right, subject to review
				and approval by DHCD of any Municipal 40R regulations, guidelines, forms of
				application materials, or other requirements applicable to review of Projects by the
				Plan Approval Authority under
				760 CMR 59.00.
Authorization of Payment
. A written
				authorization by DHCD that a Municipality is entitled to a Bonus Payment, according
				to the procedure set forth in
				760 CMR
				59.06(2).
Bonus Payment
. A one-time payment made to a
				Municipality for each Bonus Unit within an Approved District for which a building
				permit has been issued, including either a Density Bonus Payment or Production Bonus
				Payment.
See
760 CMR
				59.06(2).
Bonus Unit
. A housing unit developed as
				part of a Project within a District, either through new construction, the
				substantial rehabilitation of an existing residential building, or the conversion to
				residential use of an existing building, in excess of the number of Existing Zoned
				Units for the same parcel. Units proposed or developed under a comprehensive permit
				pursuant to M.G.L. c. 40B for which the project eligibility letter was issued to the
				developer prior to the Municipality's 40R Zoning Application to DHCD shall not
				qualify as Bonus Units if the development that is the subject of the comprehensive
				permit comprises all or substantially all of the Developable Land within the
				proposed 40R District. Otherwise, units developed within a District under a
				Comprehensive Permit issued pursuant to M.G.L. c. 40B after the submission of a 40R
				Zoning Application, in excess of the number of Existing Zoned Units for the same
				parcel, shall qualify as Bonus Units.
Capital Funds
. Monies required by law to be
				used for capital expenditures including, without limitation, for acquisition,
				rehabilitation and construction of real and personal property, including items such
				as environmental remediation, park improvements, drainage and irrigation projects,
				and deferred maintenance projects. A determination of what constitutes capital
				expenditures is subject to any regulations and guidance issued by DOR. DHCD may
				issue additional guidance to assist Municipalities, but in the event of any conflict
				between DHCD's guidance and DOR's regulations or guidance, DOR's regulations or
				guidance, as applicable, will govern.
Certificate of Compliance
. A certificate
				issued by DHCD to a Municipality upon DHCD's review and approval of an annual update
				submitted in accordance with
				760
				CMR 59.07(1).
See
760
				CMR 59.07(2).
Certificate of Revocation
. A certificate
				issued by DHCD to a Municipality if, after an adjudicatory hearing, DHCD determines
				that the Municipality is in substantial non-compliance with M.G.L. c. 40R and
				760
				CMR 59.07(2).
See
760
				CMR 59.07(3).
Cluster Development
. Development in which
				the buildings and associated roadways or parking are clustered together into one or
				more groups separated from adjacent property and/or other groups within the
				development by intervening Dedicated Open Space usable for passive or active
				recreational activities.
Cluster Zoning
. Zoning in which:
(a) development density is determined for an entire specified area,
				rather than on a per-lot basis; and
(b) dimensional requirements such as lot area, frontage, setbacks of
				structures from lot lines and/or other structures and minimum lot area per dwelling
				unit are reduced for individual lots to allow concentration of construction on part
				of the land through Cluster Development, and which requires permanent conservation
				of Dedicated Open Space usable for passive or active recreational activities,
				including without limitation, Future Open Space, as provided in DHCD
				guidance.
Comprehensive Housing Plan
. A document,
				prepared by a Municipality for review by DHCD, providing an assessment of the
				housing needs within the Municipality, and describing specific strategies, including
				but not limited to those contained in the 40R Zoning, to address these needs and
				ensure that the applicable approval standards of
				760 CMR
				59.04(1)(g), (i), (j) and (k) are
				satisfied. The Comprehensive Housing Plan shall identify the numbers of Existing
				Zoned Units, estimated Future Zoned Units, and estimated Incentive Units within the
				proposed District. A Comprehensive Housing Plan may be a community development plan,
				master plan, area specific plan, or equivalent Municipally prepared document that is
				supplemented as necessaryto satisfy these requirements, as well as the requirements
				of
				760 CMR
				59.03(1)(h)1. regarding the
				proposed 40R Zoning.
Dedicated Open Space
. Land dedicated in
				perpetuity to protect one or more of the following: land for existing and future
				well fields, aquifers, and recharge areas; watershed land; agricultural land;
				grasslands; fields; forest land; fresh and salt water marshes and other wetlands;
				ocean, river, stream, lake and pond frontage; beaches, dunes, and other coastal
				lands; lands to protect scenic vistas; land for wildlife or nature preserves; land
				for active or passive recreational use; parklands, plazas, playgrounds, and
				reservations; and cemeteries. Dedicated Open Space may be in public, private, or
				non-profit ownership. Any land subject to protection under Article 97 of the
				Massachusetts Constitution shall be deemed Dedicated Open Space for the purposes of
				760 CMR 59.00. In any case where
				such Dedicated Open Space is not conveyed to the Municipality, a restriction
				enforceable by the Municipality shall be recorded providing that such land be
				preserved as Dedicated Open Space pursuant to a conservation restriction as defined
				in M.G.L. c. 184, § 31.
Density Bonus Payment
. A one-time payment
				made to a Municipality for each Bonus Unit within a Smart Growth Zoning District for
				which a building permit has been issued.
See
760 CMR
				59.06(2).
DEP
. The Massachusetts Department of
				Environmental Protection.
Design Standards
. Provisions of, or
				regulations adopted pursuant to, 40R Zoning, which are made applicable to Projects
				within the District that are subject to Plan Review by the Plan Approval Authority.
See
760 CMR
				59.04(1)(f).
Developable Land
. All land within a
				District that can be feasibly developed into residential or Mixed-use Development
				Projects. Developable Land shall not include:
(a) Substantially Developed Land;
(b) Dedicated Open Space;
(c) Future Open Space;
(d) The rights-of-way of existing public streets, ways, and transit
				lines and, in a Starter Home Zoning District, new public and private roadways that
				would be necessary to meet minimum applicable requirements under Municipal law
				including the proposed 40R Zoning and, to the extent applicable within the proposed
				District, Municipal subdivision control requirements;
(e) Land currently in use for governmental functions (except to the
				extent that such land qualifies as Underutilized Land); or
(f) Areas exceeding ½ acre of contiguous land that
				are:
1. protected wetland resources (including buffer zones) under
				federal or state laws plus any additional areas that are protected wetlands
				resources (including buffer zones) under applicable Additional Municipal Standards,
				if any, but not federal or state laws;
2. rare species habitat designated under federal or state law,
				unless granted an exception consistent with requirements established by the
				Massachusetts Executive Office of Energy and Environmental Affairs and the
				Department of Fish and Game that all or part of such areas can accommodate
				development consistent with the proposed 40R Zoning;
3. characterized by steep slopes with an average gradient of at
				least 15%; or
4. subject to any other Municipal ordinance, by-law, or regulation
				that would prevent the development of residential or Mixed-use Development Projects
				at the As-of-right residential densities set forth in the 40R Zoning.
(g) Areas of state-owned land that contain Prime Farmland
				Soils.
Developer Certificate of Feasibility
.
				Certification by a developer with Site Control, or by an architect, engineer or
				other professional with appropriate expertise certifying on behalf of such
				developer, that:
(a) any Additional Municipal Standards applicable to development
				under the Starter Home Zoning do not Render Development Infeasible; and/or
(b) any Design Standards do not Unreasonably Impair development
				within the District.
DHCD
. The Massachusetts Department of
				Housing and Community Development.
District
. An overlay district within a
				Municipality that is subject to 40R Zoning. A District may be superimposed over one
				or more zoning districts (as defined by the Underlying Zoning) in an Eligible
				Location. Within a District, the 40R Zoning shall allow residential Projects
				As-of-right, and it may also permit Mixed-use Development Projects As-of-right.
				Within the boundaries of a District, a developer may elect either to develop a
				Project in accordance with the requirements of the 40R Zoning, or to undertake
				development in accordance with requirements of the Underlying Zoning.
DOR
. The Massachusetts Department of
				Revenue.
Eligible Location
. An area within a Highly
				Suitable Location that qualifies under the criteria set forth in
				760 CMR
				59.04(1)(a). If a portion of a
				parcel of land falls within an Eligible Location, then all of such parcel, to the
				extent of its legal boundaries, may also be deemed an Eligible Location in the
				discretion of DHCD.
Existing Underutilized Facilities
.
				Facilities within or serving a District that have substantial potential for
				redevelopment in accordance with Smart Growth principles, including:
(a) Existing buildings, structures and Infrastructure that:
1. would provide greater potential use than the existing use if
				rehabilitated or repurposed as or in support of a residential or mixed-use
				development in a 40R Zoning District;
2. have become of diminished use and/or benefit to the community;
				and
3. relative to other development opportunities in the Municipality,
				offer substantially greater opportunities for rehabilitation and/or repurposing for
				or in support of residential use.
(b) Previously developed, non-agricultural land substantially
				characterized by existing impervious or disturbed surfaces such as parking lots,
				sand and gravel operations, and/or the foundations or remains of structures that
				have deteriorated or been demolished.
Existing Zoned Units
. For a given parcel or
				area of Developable Land within a District, the maximum number of housing units that
				could feasibly be developed As-of-right under the Underlying Zoning through new
				development, the substantial rehabilitation of existing residential buildings, or
				the conversion to residential use of existing buildings. Units that are proposed or
				developable within the geographic area of a District under a comprehensive permit
				pursuant to M.G.L. c. 40B for which the project eligibility letter was issued to the
				developer prior to the Municipality's 40R Zoning Application shall be included as
				Existing Zoned Units if:
(a) the comprehensive permit is issued prior to the date of the
				Municipality's 40R Zoning Application; or
(b) the subject land makes up all or substantially all of the
				Developable Land within the proposed 40R District. For purposes of determining the
				Zoning Incentive Payment and the Bonus Payment:
1. absent any application of the 40R Zoning to Substantially
				Developed areas, the Existing Zoned Units within any District or Project site shall
				be determined upon the basis of the allowable As-of-right residential density per
				acre shown on the plan submitted under
				760 CMR
				59.03(1)(c), multiplied by the
				acreage of Developable Land area; and
2. Existing Zoned Units shall include any existing occupied housing
				units within a District regardless of whether they could be developed As-of-right
				under currently applicable Underlying Zoning (for example, lawfully nonconforming
				existing occupied housing units).
Future Open Space
. Areas within a District
				which a Municipality may designate or require to be designated to be set aside in
				the future as Dedicated Open Space through the use of a conservation restriction as
				defined in M.G.L. c. 184, § 31 or other qualifying means. Such Future Open
				Space may be subject to requirements under the 40R Zoning for Projects to set aside
				a fixed percentage of the site area as Dedicated Open Space, and, for Districts
				other than Starter Home Zoning Districts eligible pursuant to
				760 CMR
				59.04(1)(a)3., allowing such
				Projects to deduct he Dedicated Open Space when calculating housing densities.
				Notwithstanding the foregoing, the total Future Open Space may not exceed 10% of
				what would otherwise be the Developable Land area if the Developable Land would be
				less than 50 acres; it may not exceed 20% of what would otherwise be the Developable
				Land area if the Developable Land area would be 50 acres or more; and it shall be
				consistent with the current Municipal Dedicated Open Space plan.
Future Zoned Units
. For a given parcel or
				area of Developable Land within a District, the maximum number of housing units that
				could be developed As-of-right under the 40R Zoning through new development, the
				substantial rehabilitation of existing residential buildings, or the conversion to
				residential use of existing buildings, except that an Accessory Dwelling Unit shall
				not qualify as a Future Zoned Unit.
Highly Suitable Location
. A location that,
				as determined by DHCD based on satisfactory documentation provided by the
				Municipality, is consistent with the statutory goals for Smart Growth, including the
				production of Starter Homes, set forth in M.G.L. c. 40R, § 1 and
				760 CMR 59.00.
(a) To qualify as a Highly Suitable Location, an area must, at a
				minimum, be one of the following:
1. within a Substantial Transit Access Area;
2. within an Area of Concentrated Development;
3. for Starter Homes, an area zoned for residential use that is not
				otherwise eligible to be a Highly Suitable Location, only if all or a portion of the
				Starter Home Zoning District has Pedestrian Access within a distance of no more than
				¾ mile to a Pedestrian Destination and the Starter Home Zoning incorporates
				Cluster Zoning so as to permit Cluster Development, and requires all development
				under the Starter Home Zoning to utilize Low Impact Development Techniques and to
				include features that encourage walking within Starter Home Projects; or
4. a location, not otherwise eligible to be a Highly Suitable
				Location, where residential or Mixed-use Development would nonetheless promote Smart
				Growth, as demonstrated by the Municipality through documentation satisfactory to
				DHCD, demonstrating the degree to which:
a. the location is near a rapid transit or commuter rail station or
				bus or ferry station terminal, though not within a Substantial Transit Access
				Area;
b. the location has Pedestrian Access within a distance of ¾
				mile to a Pedestrian Destination;
c. proposed zoning in the location and existing zoning near the
				location will encourage compact, land-use-efficient design, and Mixed-use
				Development;
d. infill and redevelopment of previously-developed areas with
				Infrastructure are likely to occur that will help to preserve open space, farmland,
				natural beauty, and critical environmental areas elsewhere in the Municipality;
				and
e. prior identification as an appropriate locus for higher-density
				housing or higher-density Mixed-use Development in an adopted regional or state
				plan.
(b) Factors DHCD may consider in determining whether a location that
				does not qualify under
				760 CMR
				59.04(1)(a)  as being either
				within a Substantial Transit Access Area or an Area of Concentrated Development is
				nonetheless a Highly Suitable Location for a District include, without limitation,
				the extent to which the area is characterized by:
1. Infrastructure, including access to public facilities for storm
				water and wastewater transport, treatment and disposal and public water
				supply;
2. Multi-modal Access;
3. Existing Underutilized Facilities; or
4. a location within or immediately adjacent to a Priority
				Development Area.
(c) An area will not qualify as a Highly Suitable Location if more
				than 50% of the proposed District contains Prime Farmland Soils on state-owned land.
				If more than 50% of a proposed District has Prime Farmland Soils that are not
				state-owned, DHCD may take into account the availability of other potential Highly
				Suitable Locations in the Municipality, and may request additional information from
				the Municipality, to determine whether the proposed District qualifies as a Highly
				Suitable Location.
(d) DHCD may from time to time issue guidance as to other factors
				that are relevant to the determination of whether a location is Highly
				Suitable.
Historic District
. A district in a
				Municipality characterized by the historic and or architectural significance of
				buildings, structures, and sites, and in which exterior changes to and the
				construction of buildings and structures are subject to regulations adopted by the
				Municipality pursuant to M.G.L. c. 40C or other state law. Within any such Historic
				District, the provisions and requirements of the Municipal Historic District
				regulations may apply to existing and proposed buildings. A District may include all
				or part of one or more existing Historic Districts, and it may be coterminous or
				non-coterminous with the Historic District. A Municipality may establish or enlarge
				an Historic District within an Approved District, but whether such Historic District
				renders the District non-compliant with the provisions of M.G.L. c. 40R and
				760 CMR 59.00 shall be subject to
				DHCD review in accordance with
				760 CMR
				59.05(5). DHCD's review of such a
				new or enlarged Historic District shall be limited to compliance with M.G.L. c. 40R
				and
				760 CMR 59.00.
See
also 760 CMR 59.02:
Substantially Developed
				Land
.
Housing Production Plan
. An affordable
				housing plan adopted by a Municipality and approved by DHCD in accordance with
				760
				CMR 56.03(4).
Housing Production Summary
. A detailed
				summary, consistent with guidance and/or templates issued by DHCD regarding format
				and content, of the Municipality's:
(a) affordable housing production history;
(b) housing needs and housing demand assessment;
(c) analysis of development constraints and capacity;
(d) current housing goals and strategy for achieving those goals;
				and
(e) proposed locations for affordable housing production.
HUD
. The United States Department of
				Housing and Urban Development.
Incentive Units
. For a given parcel or area
				of Developable Land within a District, the number of Future Zoned Units, less the
				number of Existing Zoned Units for the same parcel or area of land, except that an
				Accessory Dwelling Unit shall not qualify as an Incentive Unit.
Income-restricted and Income-restriction
. A
				housing unit will be considered Income-restricted if:
(a) It is subject to an affordable housing restriction as defined in
				M.G.L. c. 184, § 31, with a term of no less than 30 years, and which meets the
				standards set out in
				760 CMR
				56.02:
Use Restriction
and guidance issued by DHCD;
(b) For a rental unit, the tenant is required to be an individual or
				household whose annual income is less than or equal to 100% of the Area Median
				Income and the monthly rent plus a reasonable allowance for applicable utilities is
				less than or equal to 30% of 
				1/12 of the Area
				Median Income; and
(c) For a homeownership unit, the purchaser is required to be an
				individual or family whose annual income is less than or equal to 100% of the Area
				Median Income and the maximum sale price at initial sale or resale is equal to or
				less than the maximum purchase price limit which meets the standards set out in
				guidance issued by DHCD.
Infrastructure
. The basic facilities,
				services, and installations needed for the functioning of the area of the
				Municipality within which the District is to be located, including: Pedestrian
				Access and vehicular access; public and private facilities for storm water and
				wastewater transport, treatment and disposal; and water and power supply lines. For
				purposes of a Starter Home Zoning District only, Infrastructure shall not be
				required to include public sewer and/or public water supply.
Letter of Approval
. A letter issued by DHCD
				to a Municipality upon the adoption of its 40R Zoning for a District, confirming
				final approval of an entire District under M.G.L. c. 40R and
				760 CMR 59.00.
See
760 CMR
				59.05(4).
Letter of Conditional Approval
. A letter
				issued by DHCD to a Municipality upon the adoption of its 40R Zoning for a District,
				that approves the District designation but withholds authorization of all or part of
				the Zoning Incentive Payment in accordance with
				760 CMR
				59.05(4)(d)  because the
				Municipality has not met all of the criteria for payment of the Zoning Incentive
				Payment for the entire District under
				760 CMR
				59.04(1), including, for example,
				Infrastructure or Planned Infrastructure requirements under
				760 CMR
				59.03(1)(j)  and
				59.04(1)(k)
				 and all requirements to be considered an Eligible
				Location pursuant to
				760 CMR
				59.04(1)(a). The identified
				conditions may pertain to all or part of the District.
See
760 CMR
				59.05(4)(d).
Letter of Conditional Eligibility
. A letter
				issued by DHCD to a Municipality, finding that a proposed District would meet the
				approval requirements set forth in
				760 CMR 59.04(1)
				 if certain identified conditions were satisfied,
				including, for example, Infrastructure or Planned Infrastructure requirements under
				760 CMR
				59.03(1)(j)  and
				59.04(1)(k)
				 or a provision in Starter Home Zoning specifying
				that Additional Municipal Standards shall not apply under the Starter Home Zoning
				District.
See
760 CMR
				59.05(2).
Letter of Denial
. A letter issued by DHCD
				to a Municipality, finding that a proposed District would not meet the approval
				requirements set forth in
				760 CMR
				59.04(1), and informing the
				Municipality of the deficiencies in its 40R Zoning Application.
See
760 CMR
				59.05(2).
Letter of Eligibility
. A letter issued by
				DHCD to a Municipality, finding that a proposed District would meet the approval
				requirements set forth in
				760 CMR
				59.04(1).
See
760 CMR
				59.05(2).
Letter of Noncompliance
. A letter from DHCD
				finding that a Municipality has failed to demonstrate compliance with M.G.L. c. 40R
				and
				760 CMR 59.00.
See
760
				CMR 59.07(3).
Low Impact Development Techniques
.
				Development techniques suitable to a particular site that protect the natural
				features of the site, including, without limitation:
(a) natural resource oriented site design;
(b) appropriately scaled and decentralized stormwater management
				techniques that limit the rate of off-site storm water runoff (both peak and
				non-peak flows) to levels substantially similar to natural hydrology (or, in the
				case of a redevelopment site, that reduce such flows from pre-existing conditions),
				through means including, bioretention/rain gardens, infiltration/permeable
				pavements, stormwater planters, vegetated swales, vegetated buffers, cisterns, rain
				barrels, and green roofs; and
(c) appropriately scaled roads.
MassGIS
. The Massachusetts Office of
				Geographic Information.
Mixed-use Development
. A Project
				containing:
(a) for Smart Growth Zoning Districts, a mix of Multi-family
				Residential, two- and three-family residential, or single-family residential uses,
				together with commercial, institutional, industrial, or other non-residential uses;
				or
(b) for Starter Home Zoning Districts, a mix of any Starter Home
				units with commercial, institutional, industrial, or other non-residential uses; in
				which the applicable residential densities set forth in
				760 CMR
				59.04(1)(d)3. and
				760 CMR
				59.04(1)(d)4., respectively,
				apply proportionally to the residential portion of the Mixed-use Development Project
				in accordance with
				760 CMR
				59.04(1)(d)1.
Multi-family Residential Use
. Apartment or
				condominium units in individual buildings each of which contains or will contain
				more than three such units, provided that the 40R Zoning may treat attached dwelling
				units on separate lots as single-family residential use.
See
760 CMR
				59.04(1)(d).
Multi-modal Access
. Access by two or more
				alternative modes of transport, of which one means of access is non-motorized. Such
				modes may include:
(a) direct Pedestrian Access over a distance of no more than
				½ mile to public transit serving a Pedestrian Destination with a minimum of
				hourly frequency during peak periods; or
(b) use of a sidewalk, shared-use path, marked bicycle lane or cycle
				track providing, or connecting to, safe, practical and continuous non-motorized
				access to a Pedestrian Destination.
Municipality
. Any Massachusetts city or
				town, including without limitation the City of Boston.
Pedestrian Access
. Safe, practical and
				continuous access for walking by means of a sidewalk, path, or a roadway with a
				design speed of 20 miles per hour or less.
Pedestrian Destination
. A location that
				pedestrians frequently use, such as an elementary or high school; a college or
				university; a hospital; a Municipal office building, public library, post office,
				public safety facility, or other civic facility; a general or neighborhood
				commercial or business area with substantial employment, retail or entertainment
				activity; an active recreational facility open to the public; public transit or a
				bus stop along a route serving an Eligible Location or Adjacent Area at a minimum of
				hourly frequency during peak periods.
Plan Approval Authority or Approving
				Authority
. A unit of Municipal government designated by the
				Municipality to review projects and issue approvals under M.G.L. c. 40R, § 11.
See
760 CMR
				59.04(1)(f).
Plan Review
. The standards and procedures
				by which a proposed Project within a District is made subject to review by the Plan
				Approval Authority under the provisions of the 40R Zoning, in accordance with M.G.L.
				c. 40R, § 11 and
				760 CMR 59.00.
See
760 CMR
				59.04(1)(f).
Planned Infrastructure
. Infrastructure for
				which certification by a Municipal engineer or public works, board of health or
				conservation commission official or other person with similar expertise pursuant to
				760 CMR
				59.03(1)(j)  has been submitted
				to establish 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), the identity of the entities responsible for completing the improvements, and
				that the District will not be overburdened by the build-out of the Future Zoned
				Units within the District as the Infrastructure exists or may be practicably
				upgraded.
Prime Farmland Soils
. Land with soils
				identified in data released by MassGIS that has been in active agricultural use
				within the past five years that have not been granted an exception consistent with
				requirements established by the Executive Office of Environmental Affairs and the
				Department of Agricultural Resources.
Priority Development Area
. A location that
				is all or part of an area designated as a "priority development area" or equivalent
				in the most current regional plan(s) adopted by the district or planning commission
				or regional planning and economic development commission established pursuant to
				M.G.L. c. 40B, § 4 or § 12, for the district or region in which the
				Municipality is located.
Production Bonus Payment
. A one-time
				payment to a Municipality for each Bonus Unit within a Starter Home Zoning District
				for which a building permit has been issued.
Project
. A residential development or
				Mixed-use Development undertaken within a District pursuant to the approval of a
				Plan Approval Authority in accordance with the requirements of the 40R Zoning.
				Within the boundaries of a District a developer may elect either to develop a
				Project in accordance with the requirements of the 40R Zoning, or to undertake
				development in accordance with the requirements of the Underlying Zoning.
Render Development Infeasible
. To prevent
				or make physically or economically impracticable the development of residential or
				Mixed-use Development Projects at the As-of-right residential density set forth in
				the Starter Home Zoning.
Site Control
. Fee ownership of, a long-term
				leasehold interest in, or a right to develop one or more sites that, in the
				aggregate, comprise at least 50% of the Developable Land Area of a proposed Starter
				Home Zoning District. Site Control shall be demonstrated, as to each such site, by
				means of one or more of the following: a recorded deed; a lease with a term of at
				least 30 years, as to which a notice of lease has been recorded; or an executed,
				legally enforceable purchase agreement or option to purchase.
Smart Growth
. A principle of land
				development that furthers, on balance, the following goals set forth in M.G.L. c.
				40R, § 1 and
				760 CMR 59.00:
(a) Increasing the availability of Affordable housing by creating a
				range of housing opportunities in neighborhoods;
(b) Emphasizing mixing land uses;
(c) Taking advantage of compact design;
(d) Fostering distinctive and attractive communities;
(e) Preserving open space, farmland, natural beauty and critical
				environmental areas;
(f) Strengthening existing communities;
(g) Providing a variety of transportation choices;
(h) Making development decisions predictable, fair and cost
				effective; and
(i) Encouraging community and stakeholder collaboration in
				development decisions.
Smart Growth Zoning
. The Municipal zoning
				overlay requirements adopted or changed by amendment by the Municipality pursuant to
				M.G.L. c. 40R, in accordance with the procedures for zoning adoption and amendment
				set forth in M.G.L. c. 40A for communities other than the City of Boston, or by
				other applicable law in the case of the City of Boston, and approved by DHCD which
				provide for the development of Smart Growth Projects pursuant to M.G.L. c. 40R and
				760 CMR 59.00 and in accordance
				with DHCD guidance.
Smart Growth Zoning District
. A District
				adopted by a Municipality pursuant to its Smart Growth Zoning, that is superimposed
				over one or more zoning districts in an Eligible Location.
Start of Construction
. With respect to an
				Approved District, the commencement of construction activity, such as the pouring of
				foundations or footings, utility relocation, or the remediation of hazardous
				materials within an Approved District on a Project or on a Planned Infrastructure
				upgrade identified in the Municipality's 40R Zoning Application, provided that such
				construction is continued through to completion of a Project, in accordance with
				760
				CMR 59.07(1)(f).
Starter Home
. A single-family home not
				exceeding 1,850 square feet in heated living area, not including any associated
				Accessory Dwelling.
Starter Home Zoning
. The Municipal zoning
				overlay requirements adopted or changed by amendment by the Municipality pursuant to
				M.G.L. c. 40R, in accordance with the procedures for zoning adoption and amendment
				set forth in M.G.L. c. 40A for communities other than the City of Boston, or by
				other applicable law in the case of the City of Boston, and approved by DHCD, which
				provide for the development of Starter Homes pursuant to M.G.L. c. 40R and
				760 CMR 59.00 and in accordance
				with DHCD guidance.
Starter Home Zoning District
. A District
				consisting of not less than three contiguous acres of Developable Land area, adopted
				by a Municipality pursuant to its Starter Home Zoning, that is superimposed over one
				or more zoning districts in an Eligible Location.
Substantial Transit Access Area
. A location
				that comprises:
(a) In the case of a Smart Growth Zoning District, part or all of
				the land located within ½ mile distance of any rapid transit or commuter rail
				station, bus or ferry terminal (measured from the entry point(s) to the passenger
				platforms); and
(b) In the case of a Starter Home Zoning District, part or all of
				the land located within a one mile distance of any rapid transit or commuter rail
				station, bus or ferry terminal (measured from the entry point(s) to the passenger
				platforms).
Substantially Developed Land
. Land within a
				District that is currently used for commercial, industrial, institutional, or
				governmental use, or for residential use consistent with or exceeding the densities
				allowable under the Underlying Zoning, and which does not qualify as Underutilized
				Land. Any land located within a Historic District shall be presumed to be
				Substantially Developed, unless the Municipality can show that all or a portion of
				such land qualifies as Developable Land.
Underlying Zoning
. The Municipal zoning
				requirements adopted pursuant to M.G.L. c. 40A (or, in the case of the City of
				Boston, other applicable law) that are otherwise applicable to the geographic area
				where a District is located or proposed. The Underlying Zoning shall include all
				zoning and existing overlays applicable to such geographic area and shall not be
				limited to the base zoning layer. Solely for the purposes of calculating existing
				residential densities under
				760 CMR
				59.03(1), the Underlying Zoning
				shall be deemed to be the zoning which was in effect one year prior to the date upon
				which the 40R Zoning Application was submitted to DHCD.
Underutilized Land
. Developable Land within
				a District that would otherwise qualify as Substantially Developed Land, consistent
				with guidance issued by DHCD, but which:
(a) is characterized by improvements that have a marginal or
				significantly declining use, as measured by such factors as vacancy rates, extent of
				operation, current and projected employment levels, market demand for the current
				uses or the uses to which the existing improvements could readily be converted, low
				value of improvements in relation to land value, and low floor area ratio in
				relation to the floor area ratio that would be permitted under the applicable
				Underlying Zoning; (b) as demonstrated by existing or anticipated market conditions,
				may have reasonable potential to be developed, recycled, or converted into
				residential or Mixed-use Development consistent with Smart Growth; and
(c) for a Starter Home Zoning District, solely for purposes of
				determining whether the District consists of not less than three contiguous acres of
				Developable Land area, DHCD may also include in the calculation of Underutilized
				Land certain additional land that would otherwise qualify as Substantially Developed
				Land, where DHCD determines that there is reasonable potential for such land to be
				more intensively developed in accordance with Starter Home Zoning.
Unreasonably Impair
. To add unreasonable
				costs or unreasonably diminish the economic feasibility of proposed Projects in a
				District by means of a provision of 40R Zoning or a Design Standard.
Zoning Incentive Payment
. A one-time
				payment to a Municipality that is made after DHCD issuance of a Letter of Approval
				or Letter of Conditional Approval authorizing such payment.
See
760 CMR
				59.06(1).