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

Current through Register 1525, July 5, 2024
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.