Massachusetts · statute · Mass. Gen. Laws ch. 40R · 14 active provisions
Section 1. It is the purpose of this chapter to encourage smart growth and increased housing production in Massachusetts. Smart growth is a principle of land development that emphasizes mixing land uses, increases the availability of affordable housing by creating a range of housing opportunities in neighborhoods, take…
Section 2. As used in this chapter, the following words shall have the following meanings: ''Affordable housing'', housing affordable to and occupied by individuals and families whose annual income is equal to or less than 80 per cent of the areawide median income as determined by the United States Department of Housin…
Section 3. In its zoning ordinance or by-law, a city or town may adopt a smart growth zoning district in an eligible location and may include adjacent areas that are served by existing infrastructure and utilities, and that have safe pedestrian access to at least 1 destination of frequent pedestrian use, such as school…
Section 4. (a) Upon application by a city or town, the department shall make a preliminary determination, before the city or town votes on a proposed smart growth zoning ordinance or bylaw, whether the district would be eligible for the financial incentives and the priorities for state expenditures set forth in section…
Section 5. The chief executive of a city or town desiring to adopt a smart growth zoning district ordinance or by-law shall submit the necessary materials to the department for a preliminary determination of eligibility for approval. The information in the application shall: (a) identify and describe the boundaries of…
Section 6. (a) A proposed smart growth zoning district shall satisfy the following minimum requirements: (1) Each proposed district shall be located in an eligible location. (2) The zoning for each proposed smart growth zoning district shall provide for residential use to permit a mix of housing for families, individua…
Section 7. (a) On or before October 1 of each year after the year of approval of a district by the department, the department shall send a smart growth zoning district certificate of compliance to each city or town with an approved district. In order to receive such a certificate, the city or town shall verify within t…
Section 8. A city or town shall submit to the department, concurrently with the city or town's application for a letter of eligibility, either an existing comprehensive housing plan, an existing housing production plan, or a housing production summary. The plan or summary shall include an estimate of the projected numb…
Section 9. Each city or town with an approved smart growth zoning district shall be entitled to payments pursuant to this section. (a) The commonwealth shall pay from the trust fund or other funds from appropriations or other money authorized by the general court a zoning incentive payment, according to the following s…
Section 10. A city or town may adopt, in accordance with the regulations of the department, design standards applicable to projects undergoing review by the plan approval authority, to ensure that the physical character of development within the smart growth zoning district is complementary to adjacent buildings and st…
Section 11. (a) A city or town may incorporate provisions within the smart growth zoning district ordinance or by-law that prescribe contents of an application for approval of a project. The ordinance or by-law may require the applicant to pay for reasonable consulting fees to provide peer review of the applications fo…
Section 12. The department shall be responsible for the administration, review, and reporting on the smart growth zoning district program as provided in this chapter. The department shall undertake or cause to be undertaken an annual review and the preparation of a report on the programs set forth in this chapter and m…
Section 13. A city or town may apply to the department for approval of an existing zoning district as a smart growth zoning district if it meets the requirements for such a district, including the affordability requirements and the density requirements. The application shall be the same as for a new smart growth zoning…
Section 14. (a) If, within 3 years, no construction of an approved project has been started within the smart growth zoning district, the department shall require the cities and towns to repay to the department all monies paid to the city or town under this chapter for said smart growth zoning district. Said 3 years sha…