Starter Home Zoning Requirements

(1) Application for Preliminary Determination of Eligibility for Starter Home Zoning. Prior to the adoption of Starter Home Zoning for a proposed District, the chief executive of a Municipality, or duly authorized designee, shall submit a complete application and any documentation as may be required by EOHLC in its forms and guidance, demonstrating that the proposed District satisfies the approval requirements of 760 CMR 69.03(3). The Starter Home Zoning Application shall include the following: (a) A map showing the boundaries of the proposed starter home zoning district; (b) a map and narrative description of the developable land area within the proposed starter home zoning district; (c) a copy of the proposed starter home zoning district ordinance or by-law; (d) narrative and exhibits as needed, and in the form required by, EOHLC to establish the elements set forth in M.G.L. c. 40Y, § 3 and 760 CMR 69.03(3). (2) Letter of Eligibility. To issue a Letter of Eligibility under 760 CMR 69.04(1), or a Letter of Approval under 760 CMR 69.04(3), EOHLC must find that a proposed District satisfies each of the relevant requirements set forth in 760 CMR 69.03(3). EOHLC may approve, disapprove, or approve with conditions, a request for the determination of eligibility for a District. (3) Requirements. The Municipality shall establish, by form and exhibits as required by EOHLC, that a proposed District satisfies each of the following requirements. (a) Land Area of All Districts. The aggregate total land area (excluding open water bodies) of all approved or proposed Districts in the Municipality does not exceed 15% of the total land area in the Municipality, unless EOHLC has approved an area waiver. (b) Density. A District shall provide for a minimum allowable As-of-right density of no less than four Starter Homes per acre of Developable Land. 1. Unless otherwise approved by EOHLC, the boundaries of a District shall follow existing parcel lines such that no portion of a parcel shall be included in a District unless the entirety of the parcel is included in the District. Accordingly, the Developable Land area of any parcel included in the District shall be determined in relation to the gross land area of the entirety of the parcel. 2. Starter Home Zoning shall provide that at least 50% of the Starter Homes to be developed in a proposed District must contain three or more bedrooms, provided that Starter Home Accessory Dwelling Units constructed as part of a Project shall not be counted towards this requirement. Starter Home Zoning may allow for Projects where less than 50% of such Starter Homes contain three or more bedrooms, provided that Density Bonus and Zoning Incentive Payments shall not be issued until the municipality demonstrates that at least 50% of Starter Homes constructed in the District at such time contain three or more bedrooms. 3. Subject to EOHLC review and approval, the Starter Home Zoning may allow, but not require, uses and structures customarily accessory to Starter Homes and/or Mixed-use Developments As-of-right in part, or all, of the District provided that the District nevertheless meets the minimum Starter Home density of four units per acre of Developable Land. (c) Income-restricted Units. 1. The Starter Home Zoning shall provide that not less than 10% of all Starter Homes constructed within any Project of more than 12 Starter Homes shall be affordable to and occupied by individuals and families whose annual income is less than 110% of the area median income as determined by the United States Department of Housing and Urban Development. Projects may not be planned to evade this requirement and at its discretion EOHLC may treat two or more Projects as one Project for purposes of this provision. Starter Home Zoning may not provide for payments in lieu of Income-restricted units. 2. Starter Home Zoning shall require: a. That all Income-restricted units are equitably integrated and dispersed throughout the District and Project (including by unit type and construction phase) in accordance with an affirmative fair housing marketing plan and Income-restricted housing restriction approved by EOHLC or a designee approved by EOHLC; b. That an affordable housing restriction for each Project ensures that each Income-restricted unit is occupied by an eligible household paying an income-restricted rent or income-restricted purchase price during the term of the restriction; c. That Income-restriction requirements shall be assured for a period of no less than 30 years through the use of an affordable housing restriction as defined in M.G.L. c. 184, § 31. 3. Starter Home Zoning shall also include: a. Provisions to ensure that there shall be effective monitoring and enforcement of the Income-restriction requirements during the required term; and b. Provisions specifying the method by which restricted rents or purchase prices shall be computed. (d) That the Starter Home Zoning contains provisions providing that the decision of the plan approval authority shall be made, and a written notice of the decision filed with the city or town clerk, not later than 120 days after the receipt of a complete application by the city or town clerk unless such timeframe for decision is extended by written agreement between the applicant and the plan approval authority, and failure of the plan approval authority to take action within said 120 days or extended time, if applicable shall be deemed to be an approval of the plan. (e) Site Plan Review and Design Standards. 1. If the Starter Home Zoning provides for Site Plan Review of Projects within the District, the zoning shall specify: a. The composition of the Plan Approval Authority; b. The categories of Projects that will be subject to Site Plan Review; c. The procedures for such review, including the contents of an application for approval of a Project; d. The criteria upon which the Plan Approval Authority may disapprove a proposed Project, or condition its approval; e. The criteria upon which the Plan Approval Authority may grant waivers from dimensional and other restrictions (other than Income-restrictions); and f. Any Design Standards to which a Project will be subject. If the Design Standards are not contained within the Starter Home Zoning, such Design Standards must be approved by EOHLC prior to their adoption by the Plan Approval Authority and application to any Project or proposed Project. 2. The Site Plan Review provisions of the Starter Home Zoning and any separate Design Standards must be objective, clearly written, fairly and consistently applied, and allow for flexibility and creativity, consistent with the goals of M.G.L. c. 40Y, 760 CMR 69.00. The Site Plan Review provisions of the Starter Home Zoning and any separate Design Standards may only provide for denial of a proposed Project on the grounds that: a. The Project does not meet the conditions and requirements set forth in the Starter Home Zoning; b. The Project does not ensure public safety or the safety of persons living in or visiting the proposed project; c. The applicant failed to submit information and fees required by the Starter Home Zoning and necessary for an adequate and timely review of the design of the Project or potential Project impacts; or d. It is not possible to adequately mitigate extraordinary adverse Project impacts on nearby properties by means of suitable conditions. 3. Provided such Design Standards are otherwise consistent with M.G.L. c. 40Y and 760 CMR 69.00, a Municipality may adopt Design Standards to ensure that, to the extent desired, the physical character of Projects within the District: a. Will be generally consistent with any local housing, planned production, or other municipal plan or guidelines that address design concerns related to residential or Mixed-use Development; and b. Will provide for higher-density quality development consistent with the character of building types, streetscapes, and other community features traditionally found in densely settled areas of the Municipality or in the region of the Municipality. Design Standards may address the scale, proportions, and exterior appearance of buildings; the placement, alignment, width, and grade of streets and sidewalks; the type and location of Infrastructure; the location of building and garage entrances; off-street parking; the protection of significant natural site features; the location and design of on site Dedicated Open Spaces, landscaping, and exterior signs; and buffering in relation to adjacent properties, to be consistent with the goals of 760 CMR 69.03(3)(d)(2). 4. The Municipality must demonstrate to the satisfaction of EOHLC that its Design Standards will not Unreasonably Impair the development of Projects in the District. Design Standards must be commensurate with the size of the Project and clearly distinguish standard requirements from optional guiding principles. Design Standards must be articulated clearly and objectively so that compliance can be reasonably interpreted and measured, in a fair and consistent manner. Design Standards that fail to define standard requirements that are reasonably clear, objective, and measurable will be deemed to Unreasonably Impair the development of a Project in the District. EOHLC may disapprove or conditionally approve a District on account of Design Standards for which the requisite demonstration has not been made. 5. For purposes of the Site Plan Review of a Mixed-use Development Project, provisions of the Starter Home Zoning and the Design Standards provide that that the non-residential elements of any Mixed-use Development Project are planned and designed in an integral manner to complement the residential uses, and help foster vibrant, workable, livable, and attractive neighborhoods. 6. The Starter Home Zoning may allow the Plan Approval Authority, through the Site Plan Review process, to waive specific dimensional and other standards (other than Income-restriction requirements, unless expressly approved in writing by EOHLC and permitted under the statute) otherwise applicable to a Project, if it finds that such waiver will allow the Project to achieve the density, Income-restriction, mix of uses, or physical character allowable under the Starter Home Zoning and consistent with the Design Standards. (f) No Moratorium. Projects within the proposed District shall not be subject to limitation of the issuance of building permits for residential uses or a Municipal moratorium on the issuance of such permits. The Starter Home Zoning may permit the Site Plan Review approvals of proposed Projects to be phased for the purpose of coordinating development with the construction of Planned Infrastructure upgrades that are identified in the Starter Home Zoning Application or that are required to mitigate any extraordinary adverse Project impacts on neighboring properties. For Projects that are approved and developed in phases, the proportion of Income-restricted units shall be at least 10% of all units constructed in each phase. (g) Prohibited Occupancy Restrictions. 1. No proposed Starter Home Zoning shall impose restrictions on age or any other forms of Prohibited Occupancy Restriction upon the District as a whole or any portion thereof or project herein. 2. Proposed Starter Home Zoning shall clearly state that Prohibited Occupancy Restrictions are not permitted. (h) Permitted Use Restrictions. Starter Home Zoning may impose Permitted Use Restrictions in compliance with 760 CMR 69.02: Permitted Use Restrictions. (i) Fair Housing. Projects within the proposed District shall comply with federal, state, and Municipal fair housing laws. Income-restricted units within Projects shall be subject to an affirmative fair housing marketing plan and affordable housing restrictions that are approved by EOHLC, in accordance with EOHLC guidance. (j) Starter Home Zoning to Be All-inclusive. The development of a Project within a District shall be governed solely by the Starter Home Zoning, without any reference to the standards or procedures of the Underlying Zoning that would otherwise be applicable to developments within the same geographic area as the District. Without limitation, the Starter Home Zoning shall set out the application, plan, application fee, dimensional, use, parking, and other standards applicable to Projects within the District, including but not limited to height limits, setbacks, lot areas, lot dimensions, unit to lot ratios, floor area ratios, lot coverage ratios, open space ratios, parking ratios, parking locations, and roadway design standards. Such provisions may differ from the dimensional and other standards contained in the Underlying Zoning to allow the densities, Income-restriction, mix of uses, and physical character of Projects which are permitted As-of-right under the Starter Home Zoning. The Starter Home Zoning may allow the Plan Approval Authority, through the Site Plan Review process, to waive specific dimensional and other standards (other than Income-restriction requirements) otherwise applicable to a Project. (k) Sustainable Development Standards. Projects within the District shall be subject to Sustainable Development Standards. (l) Additional Municipal Standards. The District shall not be subject to any municipal environmental or health ordinances, by-laws or regulations that exceed applicable requirements of state law or regulation that would Render Development Infeasible, as determined by EOHLC. (m) Starter Home Accessory Dwelling Units. Starter Home Zoning shall not unreasonably restrict or require a special permit or other discretionary zoning approval for the use of land or structures for development of Starter Home Accessory Dwelling Units which shall be approved As-of-right and shall comply with the provisions of M.G.L. c. 40A §§ 1A and 3 and any applicable regulations and guidance that may be promulgated; provided that Starter Home Zoning may restrict Starter Home Accessory Dwelling Units to not more than 600 square feet of Heated Living Area regardless of the size of the Starter Home or be more permissive as allowed under 760 CMR 71.00: Protected Use Accessory Dwelling Units, and provided further that Starter Home Accessory Dwelling Units shall qualify as Protected Use ADUs under 760 CMR 71.00.