Residential Development on Surplus Real Property

(1) Notwithstanding any general or special law, Zoning, or general ordinance or by-law to the contrary, a Municipality shall allow and permit As-of-right Residential Development of Surplus Real Property as proposed by a Developer and may reasonably regulate such Residential Development in the following manner: (a) A Municipality may impose reasonable Surplus Property Municipal Regulations pursuant to 760 CMR 77.04, provided that such regulations do not directly or indirectly prevent or make physically or financially infeasible the development of the total number of Dwelling Units allowed by the Lot's minimum Effective Density based on the density calculation described in 760 CMR 77.05; (b) A Municipality may enforce the terms of a Development Agreement, provided that the Development Agreement does not conflict with the terms of the Conveyance. Nothing in 760 CMR 77.00 should be construed to prevent Development Agreements from addressing Municipal Regulations beyond those allowed as Surplus Property Municipal Regulations; (c) A Municipality may impose Municipal Regulations on Residential Development that are necessary to ensure the Developer's compliance with the terms of the Conveyance; and (d) Unless authorized pursuant to the Conveyance, Municipal Regulations that are inconsistent or in conflict with or exceed the scope of land-use controls described in St. 2024, c. 150, § 122 or the provisions of 760 CMR 77.00, shall be unenforceable when applied to Residential Development on Surplus Real Property. Such inconsistent and conflicting Municipal Regulations include, but are not limited to, Municipal requirements for specific Design Standards, parking, and impact fees. Municipally Imposed Use Restrictions. Unless imposed, required or allowed by the Commissioner in the Conveyance or voluntarily agreed to by the Developer in a Development Agreement, a Municipality shall not require the imposition of any occupancy or use restriction on Surplus Real Property, including but not limited to, affordability restrictions and conservation restrictions pursuant to M.G.L. c. 184, § 31. Additional Uses. A Municipality may allow, but shall not require, additional non-residential uses on Surplus Real Property, such as Mixed-use Development provided that they are primarily residential, and may provide density bonuses, Zoning relief, or additional incentives to encourage such additional uses. The incorporation of uses that are not Residential Development shall not cause the Effective Density to be reduced to fewer than four Dwelling Units per acre.