Minimum Effective Density

(1) Minimum Effective Density Calculation. The required minimum Effective Density for Surplus Real Property is four Dwelling Units per acre and shall be used to determine the total minimum number of Dwelling Units that a Municipality is required to permit As-of-right on the Surplus Real Property, provided that: (a) The Effective Density calculation shall include the entire Lot Area of the Surplus Real Property at the time the Conveyance is recorded, without any exclusions. For example, all open bodies of water and any public or private rights of way shall be included in the entire Lot Area; (b) Rounding Acreage. Municipalities may round down to the nearest quarter acre when determining the total Lot Area used for the Effective Density calculation; and (c) Rounding Effective Density. Effective Density may not be rounded up to achieve the required minimum Effective Density of not fewer than four Dwelling Units per acre. (2) Protected Use ADUs. The minimum Effective Density required to be permitted on Surplus Real Property shall not include Protected Use Accessory Dwelling Units developed pursuant to M.G.L. c. 40A, § 6 and 760 CMR 71.00: Protected Use Accessory Dwelling Units, and nothing herein shall be construed to prohibit the development of Protected Use ADUs in addition to the Dwelling Units required to be permitted by the Lot of Surplus Real Property's minimum Effective Density. (3) Dwelling Unit Caps. A Municipality may not directly impose a maximum or minimum density or dwelling unit cap on Residential Development on a per building or per Lot basis, unless separately provided for under the Conveyance. (4) Surplus Property Municipal Regulations shall be deemed unreasonable if they 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. (5) A Mixed-use Development shall provide for an Effective Density of not fewer than four Dwelling Units per acre and be primarily residential.