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 59.07 - Annual Updates; Certification of Compliance; Report to Legislature

Current through Register 1525, July 5, 2024
DHCD will be responsible for administration, review, and reporting
				on the 40R Zoning District Programs as provided in M.G.L. c. 40R and
				760 CMR 59.00. To enable DHCD to
				undertake an annual review and the preparation of a report on the program, and to
				ensure certification of compliance, DHCD will require each Municipality with an
				Approved District to provide information in the form of an annual update, as
				described in 760 CMR 59.07(1).
(1)
Annual Update by Municipality
. On or before July
			 31st of each year, each Municipality that either contains
			 a District that had been Approved by the end of the previous fiscal year ending on
			 June 30th, or had filed a 40R Zoning Application for a
			 proposed District within that fiscal year, shall file its annual update with DHCD,
			 in a form to be prescribed by DHCD. Unless otherwise permitted by guidance issued by
			 DHCD, the Municipality shall provide the following information in the annual update:
(a) A list of all Approved Districts and proposed
			 new Districts within the Municipality, with a tabulation for each District of the
			 total land area, the Developable Land area and the Substantially Developed Land
			 area, the number of Incentive Units, and the amount of Developable and Substantially
			 Developed Land zoned at various allowable As-of-right residential densities under
			 the applicable 40R Zoning.
(b) For
			 Projects in each Approved District, the total number of units and the number of
			 Bonus Units:
1. for which building permits had
			 been issued during the previous fiscal year;
2. completed during the previous fiscal year;
			 and
3. completed in total since the
			 District was approved, as documented by issuance of occupancy permits, with a
			 tabulation in each case of the types of such Bonus Units (Affordable,
			 Income-Restricted, market rate, accessible, and bedroom-size). The annual update
			 shall also contain a written narrative describing whether each Approved District is
			 being developed in a manner that reasonably complies with the residential density,
			 Affordability and Income-restriction standards for such District.
(c) For each Approved District, the
			 amounts of the Zoning Incentive Payment and Bonus Payments received during the prior
			 fiscal year, and for each Approved District or proposed new District, the amounts
			 and anticipated timing of any Zoning Incentive Payment and Bonus Payments
			 anticipated to be received during the current fiscal year.
(d) For each Approved District, the number and
			 category of Projects for which the Plan Review procedure was completed during the
			 previous fiscal year, including:
1. the number of
			 Projects both approved and disapproved; and
2. the total number and types of proposed total
			 units and Bonus Units in each category of Project. For each proposed Project that
			 was disapproved, the annual update shall contain sufficient documentation to
			 demonstrate that the Plan Approval Authority did not unreasonably deny its approval,
			 and that it only denied its approval in a reasonable manner consistent with M.G.L.
			 c. 40R,
			 760 CMR 59.00, the 40R Zoning and
			 the Comprehensive Housing Plan or current Housing Production Plan, or Housing
			 Production Summary, as applicable. The annual update shall also indicate the number
			 and category of Projects currently under review and the total number and types of
			 proposed total units and Bonus Units in such Projects.
(e) For the then-current and the subsequent fiscal
			 years, an estimate of:
1. the number and size
			 (both total land area and Developable Land area) of any new Districts anticipated to
			 be submitted to DHCD;
2. the potential
			 number of Incentive Units in each new District; and
3. the anticipated number of Bonus Units for which
			 building permits would be issued within those years.
(f) If no building permit has been issued for the
			 Bonus Units in an Approved District within three years of the date of the Zoning
			 Incentive Payment, or if a building permit was issued within such three-year period,
			 but no certificate of occupancy for such Bonus Unit was issued within two years
			 after issuance of the building permit, then the Municipality must submit
			 satisfactory documentation, in the form of certification by the Plan Approval
			 Authority, Municipal zoning enforcement officer, or public works official, of the
			 Start of Construction within that two-year time period of one or more Projects, or
			 of a Planned Infrastructure upgrade identified in the 40R Zoning Application or a
			 related utility relocation, or it shall be subject to revocation under 760 CMR
			 59.07(3) and the repayment of monies under
			 760 CMR
			 59.06(3)(d).
The three-year time period shall be extended by the time that a
				Project or Planned Infrastructure upgrade on which construction would otherwise have
				started within the three-year time period shall be subject to legal or
				administrative appeal or challenge, or if the proponent is actively pursuing other
				required permits or there is other good cause for the failure to Start
				Construction.
(g) At the request
			 of DHCD, the Municipality shall provide for each Approved District the number of
			 children residing in 40R Projects and attending grades K through 12 public schools
			 or charter schools, or receiving Municipal school district financial assistance to
			 attend out-of district schools, and copies of submissions to the Department of
			 Education and DOR pursuant to M.G.L. c. 40S, § 3.
(h) Data regarding income and any protected class
			 status of households occupying Affordable and Income-restricted units and of
			 households assigned Affordable and Income-restricted units during the year, provided
			 that the Municipality shall comply with M.G.L. c. 66A with respect to personal data
			 of each household and each household member.
(i) A list and copies of text and maps of any
			 adopted amendments of the 40R Zoning, any Design Standards, or the boundary of any
			 Districts or sub-districts; any amendment to or adoption of the Plan Approval
			 Authority's administrative rules; or any adoption or enlargement of a Historic
			 District within the boundary of any Districts, which the Municipality has not
			 submitted to DHCD for review pursuant to
			 760 CMR
			 59.05(5).