Procedure for Approval, Review, Amendment, and Repeal

(1) Preliminary Determination of Eligibility by EOHLC. Upon receipt of a Starter Home Zoning Application by a Municipality, EOHLC will make a preliminary determination, before the Municipality votes on its proposed Starter Home Zoning, whether the application satisfies the approval requirements set forth in 760 CMR 69.03(3). (a) EOHLC shall review the complete 40Y Application to determine whether the Starter Home Zoning Application is complete and satisfies the approval requirements as set forth in 760 CMR 69.03(3). EOHLC will issue its decision upon an application within 45 days of its receipt of a complete 40Y Application. This time-period may be extended at EOHLC’s discretion if the 40Y Application is incomplete or further information is needed. EOHLC shall provide the Municipality with notice of any further required information and deadline extension. If EOHLC does not act upon a complete and approvable application within the 45-day period, subject to any extension deadlines, the application for a preliminary determination of eligibility shall be deemed approved, but the Municipality must comply with the remaining requirements of 760 CMR 69.04 to receive final Starter Home Zoning approval. (b) EOHLC may, in its discretion, treat a proposed District within proximity of another Approved District as an amendment to that existing Approved District. (c) EOHLC will communicate its determination on a Starter Home Zoning Application to the Municipality by issuing one of the following: 1. A Letter of Eligibility, approving the application, which may contain conditions, including but not limited to conditions that may need to be satisfied before the municipality is eligible for all or a portion of the Zoning Incentive Payment for which it may otherwise become eligible for upon issuance of a Letter of Approval; or 2. A Letter of Denial. (d) In the event of issuance of a Letter of Denial, a Municipality may re-apply for approval after addressing any deficiencies in a prior application, provided that such reapplication shall be treated as a new Starter Home Zoning Application. (2) Municipal Adoption of Starter Home Zoning. Following receipt of EOHLC's preliminary determination of eligibility, the Municipality must formally adopt its Starter Home Zoning pursuant to M.G.L. c. 40A, § 5 and M.G.L. c. 40Y § 2(a) prior to final Starter Home Zoning approval by EOHLC. The Municipal vote to adopt the Starter Home Zoning must occur within three years of the date of the Letter of Eligibility. (3) Final Starter Home Zoning Approval by EOHLC. (a) Submission by Municipality. Upon adoption of the Starter Home Zoning, the Municipality shall submit to EOHLC proof of such adoption on a form provided by EOHLC. (b) EOHLC Review. EOHLC will issue a Letter of Approval or Letter of Denial within 30 days of receipt of the complete submission. (c) Letter of Approval. If the submission satisfies all the approval criteria set forth in 760 CMR 69.03(3), as well as all applicable conditions, in the Letter of Eligibility, EOHLC will issue a Letter of Approval which will specify the number of Incentive Units and the amount of the Zoning Incentive Payment that shall be made to the Municipality, subject to any remaining conditions. (d) Changes to Starter Home Zoning. The Municipality shall identify in its submission for final approval of its District all differences between the proposed Starter Home Zoning that had been submitted to EOHLC for review as part of EOHLC's preliminary determination of eligibility under 760 CMR 69.03(1), and the Starter Home Zoning as adopted by the Municipality, as well as any other changes to the original application. (e) Constructive Approval. In the event of a constructive approval of a final submission due to EOHLC's failure to act within the specified time-period, the Municipality may request in writing the issuance of a Letter of Approval within 30 days of the date of constructive approval, and EOHLC will issue such Letter within 21 days of its receipt of the request. (4) Amendments and Repeals. (a) Notice of Amendment or Repeal. Notice of any proposed amendment of the Starter Home Zoning, Design Standards, or the boundary of the District or any sub-districts, or any amendment or adoption of the Plan Approval Authority's administrative rules for an Approved District shall be provided in a written form, as determined by EOHLC, not less than 45 days before a vote is taken on said adoption, amendment, or repeal by the Municipality. Such notice shall state the number of starter homes that have been built within the district since its adoption and shall include an evaluation of the number of projected starter homes, if any, that will remain developable within the starter home district after the adoption of the proposed amendment. (b) Historic District. Any proposed adoption or enlargement of an Historic District within the boundary of the District, if adopted after issuance of a Zoning Incentive Payment, shall be subject to EOHLC review to determine whether the adoption or enlargement of the Historic District would cause the Approved District to fail to comply with the approval criteria set forth in 760 CMR 69.03(3). (c) Application for Review. Each request for review of a proposed adoption or amendment must be submitted in a form or format as directed by EOHLC. EOHLC will issue a Letter of Eligibility for a proposed adoption or amendment only if, and to the extent that, EOHLC finds in its discretion that the Approved District as amended will remain in compliance with the approval criteria set forth in 760 CMR 69.03(3). (d) Treatment of Proposed Amendment. An application for review of a proposed amendment to an Approved District, other than a non-substantial modification as described in 760 CMR 69.04(4)(e) shall be treated as a new Starter Home Zoning Application. (e) Non-substantial Modifications. EOHLC may, upon written request of the Municipality, review and approve a non-substantial modification to the Starter Home Zoning, Design Standards, Municipal Historic District regulations, or a District or sub district boundary. The Municipality shall, in its request, certify to EOHLC that the proposed modification will not have the effect of increasing or decreasing the area of an Approved District or the number of Incentive Units or Bonus Units, adopting or enlarging an Historic District or substantially modifying the requirements applicable in an Historic District within the Approved District, or Unreasonably Impairing the development of Projects within the Approved District. (f) Municipal Repeal. A Municipality may at any time repeal the Starter Home Zoning for an Approved District, pursuant to the following review procedure. The Municipality shall provide 45 days prior written notice to EOHLC that such repeal has been proposed for action by the Municipal legislative body under applicable law, and it shall provide subsequent written notice to EOHLC if such Municipal repeal action is taken. Such prior written notice shall include a recalculation of the number of Incentive Units still developable within the District if the Starter Home Zoning is repealed.