Section 59.03 - Contents of 40R Zoning Applications to DHCD(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; and5. 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; and2. 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; and3. 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; orc. 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).(2)Application for Expedited Review for Certain Starter Home Zoning Districts. (a)Eligibility. To qualify for the expedited eligibility determination process, a proposed Starter Home Zoning District must meet the following requirements: 1. The Starter Home Zoning must conform substantially to the DHCD Starter Home Zoning template and be submitted with the 40R Application with all changes from the template indicated.2. The Starter Home Zoning District shall allow for no more than 30 Starter Homes in the District.3. The Starter Home Zoning District shall require that each Starter Home in the District contain at least three bedrooms.4. The Starter Home Zoning District shall utilize Low Impact Development Techniques best practices for development. DHCD may issue guidance from time to time identifying the standards that will apply.5. The Starter Home Zoning District shall utilize best practices for roadway and subdivision design. DHCD may issue guidance from time to time identifying the standards that will apply.6. Unless the 40R Application is accompanied by Developer Certificate of Feasibility:a. Design Standards shall address no more than the size and location of garages/ carports, decks or other non-living area structures associated with a Starter Home or Accessory Dwelling Unit, as applicable, and the basic roof style; andb. No Additional Municipal Standards shall apply to development under the Starter Home Zoning. (b)Procedure for Review. Within 15 days of DHCD's receipt of a Municipality's 40R Application under 760 CMR 59.03(2), DHCD will notify the Municipality in writing or by electronic communication if any required element of its 40R Application is missing or incomplete. Such notification shall constitute a denial of the 40R Application unless the missing or incomplete elements are addressed within 30 days after the notification, or other reasonable time period established at DHCD's discretion. DHCD will issue a preliminary determination of eligibility pursuant to 760 CMR 59.05(2) on the later to occur of:1. 60 days from the date on which DHCD received a Municipality's 40R Application; or2. 45 days from DHCD's receipt of the last missing or incomplete element of the application.(3)Review of Existing District. A Municipality may apply to DHCD for approval of an existing zoning district adopted pursuant to M.G.L. c. 40A prior to its application as a District under M.G.L. c. 40R and 760 CMR 59.00. The application shall be the same as for a newly proposed District, and the existing zoning district must meet the approval requirements set forth in 760 CMR 59.04(1). Following DHCD's issuance of a Letter of Eligibility or Letter of Conditional Eligibility under 760 CMR 59.05(2), and a Municipality's satisfaction of all conditions in such a Letter of Conditional Eligibility pursuant to 760 CMR 59.05(4), the Municipality will become entitled to Bonus Payments under 760 CMR 59.06(2), but it will not be eligible for a Zoning Incentive Payment under 760 CMR 59.06(1).(4)Coordinated Review Procedures. DHCD may cooperate with other agencies in developing procedures by which the review of an application for a proposed District under M.G.L. c. 40R and 760 CMR 59.00 may be coordinated with the review of a proposed commercial center under M.G.L. c. 40, § 60, and/or the review of a proposed development district under M.G.L. c. 40Q.Amended by Mass Register Issue 1355, eff. 12/29/2017.