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 59.03 - Contents of 40R Zoning Applications to DHCD

Current through Register 1525, July 5, 2024
(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).