Reasonable Surplus Property Municipal Regulations

St. 2024, c. 150, § 122 provides that a Municipality is permitted, but not required, to impose reasonable regulations on Residential Development of Surplus Real Property. Regulations are reasonable where they are Surplus Property Municipal Regulations and are consistent with 760 CMR 77.04 and 760 CMR 77.05. Surplus Property Municipal Regulations shall be deemed unreasonable if, in combination with the enforcement of minimum Federal and State Health and Safety Laws, they result in the prohibition of Dwelling Units required to be permitted by the Surplus Parcel's Effective Density that could otherwise be constructed in compliance with minimum Federal and State Health and Safety Laws. Residential Development Types. Surplus Property Municipal Regulations shall not explicitly or effectively prohibit, or require, any particular bedroom count or Residential Development Type. This provision is meant to encourage a diversity of Dwelling Unit types and sizes and to provide for Residential Development that is suitable for a diverse population, including households with children and individuals with disabilities. (3) Building, Health, Safety, Utility, General Welfare, and Environmental Laws. (a) Nothing contained within these regulations is intended to supersede or conflict with any federal law which may be applicable to Residential Development on Surplus Real Property. (b) The Massachusetts state building code, 780 CMR, and all Massachusetts health, safety, utility, general welfare, and environmental laws, codes, and regulations shall apply to all Residential Development on Surplus Real Property, including but not limited to, 527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code, M.G.L. c. 111, § 189A: Massachusetts Lead Law, 310 CMR 15.000: The State Environmental Code, M.G.L. c. 131, § 40: The Wetlands Protection Act, 310 CMR 10.00: Wetlands Protection Act Regulations, M.G.L. c. 40, §§ 81K through 81GG: The Subdivision Control Law, and Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage, and Stormwater Management Standards, provided that: 1. Municipalities may not impose more than the minimum requirements established by, or impose regulations and programs in a manner that exceeds the minimum obligations required by, any Federal and State Health and Safety Law, unless the Developer is required by the Conveyance, or voluntarily agrees in a Development Agreement, to comply with such additional requirements; 2. Municipalities may not prohibit a Developer from using a method of compliance with Federal and State Health and Safety Laws that complies with state and federal law; 3. Municipal enforcement of minimum Federal and State Health and Safety Laws may not be exercised in a way that would directly or indirectly prevent or make physically or financially infeasible the development of the total number of Dwelling Units allowed by the Surplus Real Property's minimum Effective Density where the Developer proposes a method for compliance that satisfies state and federal law; 4. Unless otherwise provided for pursuant to the Conveyance, the municipal opt-in specialized stretch energy code developed pursuant to M.G.L. c. 25A, § 6 shall be considered the minimum required by state law if the Municipality has opted in; and 5. Any additional local or regional requirement shall not apply to Residential Development on Surplus Real Property, unless the Developer is required by the Conveyance, or voluntarily agrees in a Development Agreement, to comply with such additional requirements. For purposes of this subdivision, such local or regional requirements include building, health, safety, utility, general welfare, or environmental law, code, ordinance, by-law, rule, or regulation, including, but not limited to, requirements imposed by local or regional government, planning commission, or other entity. (4) Site Plan Review. (a) A Municipal Regulation that imposes Site Plan Review on a Lot of Surplus Real Property shall only regulate: (i) aspects of a Residential Development that relate directly to the public's safety, health, and welfare, and (ii) any Surplus Property Municipal Regulations, provided, however, that Site Plan Review may regulate additional aspects of the Residential Development if they are provided for by: (1) the Developer voluntarily, (2) a Reuse Restriction, (3) a Land Disposition Agreement, or (4) a Development Agreement. Such aspects of Residential Development which may not be provided for in Surplus Property Municipal Regulations include, but are not limited to, parking requirements, affordable housing requirements, and allowable Residential Development Types. (b) Site Plan Review shall not unreasonably delay Residential Development, nor impose conditions that directly or indirectly prevent or make the development of the total number of Dwelling Units allowed by the Lot's minimum Effective Density physically or financially infeasible. Site Plan Review approval as applied to Surplus Real Property shall be issued no later than 90 days from the filing of a complete application unless a different time is agreed to by the applicant and the Municipality. (c) Site Plan Review criteria that apply to Surplus Real Property shall be written, clear, and objective and shall not provide discretionary review or authority to deny approval of any Residential Development.