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 59.06 - Payments and Repayments

Current through Register 1525, July 5, 2024
Each Municipality with an Approved District shall be entitled to
				payments as described in 760 CMR 59.06(1).
(1)
Zoning Incentive
			 Payments
. Upon the issuance by DHCD to the Municipality of a Letter of
			 Approval or a Letter of Conditional Approval, as applicable, the Municipality may
			 present that Letter to DHCD at any subsequent time, requesting payment of the amount
			 of Zoning Incentive Payment or partial Zoning Incentive Payment set forth in the
			 Letter of Approval or Letter of Conditional Approval. A Letter of Approval will
			 entitle a Municipality to receive a total Zoning Incentive Payment for a District in
			 accordance with the following schedule, less any previous Zoning Incentive Payments
			 received for the District. A Letter of Conditional Approval will state the partial
			 Zoning Incentive Payment to which the Municipality is entitled based on the number
			 of Incentive Units in the area of the District for which the Municipality has met
			 all conditions necessary to ensure consistency with M.G.L. c. 40R and
			 760 CMR 59.00, in accordance with
			 the following schedule:
Incentive Units
Payment
Up to 20
$10,000
21 to 100
$75,000
101 to 200
$200,000
201 to 500
$350,000
501 or more
$600,000
Letters of Approval shall remain valid indefinitely for purposes of
				Municipal collection of the Zoning Incentive Payment, subject only to a repeal
				pursuant to
				760 CMR
				59.05(5)(d), or payment
				suspension or revocation pursuant to 760 CMR 59.06 or
				59.07.
DHCD may in its discretion, for purposes of calculating the Zoning
				Incentive Payment in the Letter of Approval, treat two or more simultaneously
				Approved Districts within proximity of each other as a single District, or treat a
				newly Approved District as an amendment to a nearby existing Approved
				District.
(2)
Bonus
			 Payments
. Upon issuance of a building permit for a Bonus Unit within an
			 Approved District, the Municipality may apply to DHCD for authorization of payment
			 of a one-time Bonus Payment of $3,000 for each Bonus Unit on a Bonus Payment
			 application form designated by DHCD. Unless DHCD approves an alternative method of
			 documenting Bonus Units in an Approved District, the Municipality shall submit in
			 its application for payment:
(a) A certified copy
			 of the building permit(s) for the Project;
(b) A site plan that indicates building(s)
			 location (and, if available, address(es)) within the District;
(c) A certified copy, by the building official, of
			 the Smart Growth or Starter Home residential density plan required pursuant to
			 760 CMR
			 59.03(1)(c)4.;
(d) For a Smart Growth Zoning District that
			 contains sub-districts, a certified copy, by the building official, of the Smart
			 Growth residential density spreadsheet required pursuant to
			 760 CMR
			 59.03(1)(d);
(e) If there are Existing Zoned Units, a
			 calculation of the number of Bonus Units for the Project (
i.e
.,
			 subtracting Existing Zoned Units from the Project's total number of
			 units);
(f) A copy of the Plan Approval
			 Authority's decision approving the Project, if applicable;
(g) A copy of a recorded affordable housing
			 restriction meeting the requirements of M.G.L. c. 184, § 31;
(h) A copy of the approved affirmative fair
			 housing marketing plan applicable to the Bonus Unit(s); and
(i) A completed original of DHCD's Bonus Payment
			 application form.
DHCD will accept applications on a regular basis in accordance with
				a schedule to be determined by DHCD. DHCD's review of an application will be an
				informal, non-adjudicatory procedure. Provided that the Municipality has submitted
				all of the information required in 760 CMR 59.06(2)(a) through (i), DHCD will
				confirm its approval of an application for payment within 30 days after receipt by
				issuing a written authorization of payment to the Municipality.