Commonwealth of Massachusetts

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1 Cmmnwealth f Massachusetts Jint Cmmittee n Municipalities and Reginal Gvernment Cmprehensive Land Use Refrm and Partnership Act Descriptin f Sectins May 18, 2010 Overview f the bill: The bill prpses changes t three existing sectins f Massachusetts General Law and creates ne new chapter. Offers clarity and updating f Chapter 40A (The Zning Act), Sectin 81D f Chapter 41(the master plan) and prtins f Chapter 41 (The Subdivisin Cntrl Law). Creates a new statute in the Massachusetts General Laws, Chapter 40U, that ffers additinal pwers,practices, and preferences t cmmunities that pt-in t certain additinal perfrmance standards cnsistent with the state s sustainable develpment principles Specific Prvisins Fr All Cmmunities. Sectin 1. The Zning Act (Chapter 40A) The bill rerganizes and cnslidates Chapter 40A (the Zning Act) ging frm 17 t 11 sectins. Like tpics are gruped fr easier access. Presentatin is in utline frmat with the use f reader-friendly headings. The bill leaves significant prtins f the state s zning laws intact, while als prviding substantive zning updates t all cmmunities. Amng these changes are: Cnstructin and Purpses. The bill adds new language t clarify the cnstructin and purpses f zning in Massachusetts. The bill clearly reiterates the hme rule pwers f cities and twns -- while recgnizing the legislature s rle in limiting the exercise f hme rule authrity in rder t prmte verriding state interests. The bill recgnizes that legitimate prperty rights and cnstitutinal principles shuld nt be vilated by lcal land use regulatins. Cnsistency. The bill requires that zning rdinances and by-laws nt be incnsistent with an adpted master plan under c. 41, 81D. A seven year grace perid is available t cmply, and a city r twn withut a plan may instead adpt an existing reginal plan. Mansinizatin. Eliminates the prhibitin n the regulatin f maximum interir area f a single family dwelling Exclusinary practices. A bar n exclusinary zning practices has been added. Vesting. The cmplete zning freeze fr subdivisin plans has been mdified t als include building and special permits, and standardized s all three apprvals are treated similarly. Thus, a develpment prject prpsed in a building permit, special permit, r definitive 1

2 subdivisin plan duly applied fr prir t the date f adptin f a zning change will be gverned by the zning then in effect fr a perid f 2, 3, r 8 years, respectively. A minr subdivisin will be treated as a definitive subdivisin plan under this sectin, but with a 3 year zning prtectin perid. Adptin f zning bylaws. The tw-thirds super majrity vte remains the default t adpt r amend zning rdinances r by-laws, but a lesser majrity vte nw may be prescribed in a zning rdinance r by-law. Such a reductin in vte majrity must itself be adpted by a tw-thirds vte f the lcal legislative bdy, and the change shall nt becme effective until 6 mnths have elapsed after the vte. Special Permits. The required vte majrity necessary t apprve a special permit nw may be reduced by rdinance r by-law. The effective duratin f a special permit is set at n shrter than three years (which matches the perid f vested rights fr a special permit described abve). Finally, a prcess fr the extensin f a special permit is established. Site Plan Review. A new sub-sectin places this cmmn zning apprval within the Zning Act fr the first time, affirming that site plan review is a prcess fr uses allwed by-right, distinct frm discretinary uses subject t a special permit. A time limit f 95 days is set fr the review, subject t mutually-agreed-upn extensins. Public hearings are ptinal. A site plan shall be apprved if it meets the three stated criteria, althugh reasnable cnditins and limitatins may be impsed. An apprved site plan shall have an effective duratin f n shrter than tw years. Cnsultant fees t assist the bard in its review may be assessed f an applicant. A site plan, when required in cnjunctin with a discretinary review, such as special permit, shall be integrated int the prcessing f the applicatin fr the special permit and nt made the subject f a separate prceeding. Variances. The criteria fr granting variances under the ld statute were s narrwly drawn that a lawful variance was difficult t grant in Massachusetts. Cnsequently, sme cmmunities that adhered t the statute granted few if any variances, while thers, ignring the statute ut f perceived necessity, granted many variances accrding t n set standards. This subsectin seeks t find a middle grund by setting reasnable criteria fr variances while still maintaining a cmmunity s discretin t cnditin r deny a variance. The effective life f a variance is extended frm ne t tw years befre it lapses if nt used, and the permissible extensin increases frm six mnths t ne year. Standard Prcedures. Standard prcedures fr zning applicatins, hearings, and decisins were rganized and clarified frm varius sectins f the ld c. 40A. Unless therwise indicated elsewhere in the Zning Act these are the default prcedures t be fllwed. Inclusinary Zning. The bill prvides parameters fr zning measures that require the creatin f affrdable husing in develpment prjects. It encmpasses the wide array f such techniques used currently in the state. Subject t granting authrity apprval, ff-site units, land dedicatin, r funds may als be prvided in lieu f n-site dwelling units. Dedicated accunts may be set up fr this purpse. Any dwelling units created under this statute must be price-restricted fr n less than 30 years. Inclusinary zning rdinances r by-laws may require all r a prtin f the units created be eligible fr inclusin n the cmmunity s Subsidized Husing Inventry. Develpment impact fee. The bill establishes that develpment impact fees are permissible if in accrdance with this subsectin, which is based upn a number f in-state and ut-fstate mdels. Cmmunities fllwing the requirements f this subsectin will have defensible impact fee rdnances r by-laws that are less prne t being verturned. Public capital facilities fr which impact fees may be assessed are listed. Municipal expenses ineligible fr the applicatin f impact fees, such as maintenance r salaries, are als listed. 2

3 Affrdable husing subject t a restrictin n sale price r rent is exempt frm being assessed an impact fee. The planning and study prerequisites t the adptin f an impact fee rdinance r bylaw are detailed, as is fiscal administratin f an impact fee prgram. Dispute Reslutin. This new subsectin sets ut the prcedure fr a vluntary land use dispute reslutin prcess utilizing a neutral facilitatr t help reslve cnflicts stemming frm an applicatin fr a land use permit. Mediatin f land use appeals. A vluntary mediatin prcess is allwed which stays an appeal fr at least 180 days, and lnger if extended. Sectin 2. Master Plans (amends Chapter 41 Sectin 81D) The bill prpses significant amendments t the sectin f law that requires municipalities t plan fr their cmmunity s future. Specifically, the revised Sectin: Reiterates the existing requirement fr cmmunities t create a master plan, and states that plans shuld be updated r extended every ten years. Reduces the number f required planning elements frm nine t five as fllws: gals and plicies, husing, natural resurces and energy, land use and zning, and implementatin. Articulates six ther, ptinal elements which may be added at the cmmunity s discretin; certain f which are required in rder t adpt a develpment impact fee rdinance r bylaw r t pt-in t the prvisins f Chapter 40U (see belw). Requires a self assessment f cnsistency with an adpted reginal plan. Authrizes partnership plans described in new Sectin 40U. Requires final adptin f a master plan and cmpnent by the lcal legislative bdy by a simple majrity vte. Requires a public hearing prir t vte n the master plan. Encurages, but des nt require certificatin by the reginal planning agencies, unless the master plan includes a partnership plan, in which case certificatin is required. Sectins Subdivisin Cntrl Law (amends Chapter 41) The bill makes selected amendments t the Subdivisin Cntrl Law: Minr subdivisins. Allws, by lcal ptin, the replacement f apprval nt required ( ANR ) with a carefully crafted minr subdivisin law. Minr Lt Line Changes. Establishes a new, streamlined methd fr making minr lt line changes. Parks and Playgrunds. Allws twns t require that parks and playgrunds nt exceeding 5% f the subdivisin s area within the new neighbrhd. Cnsistency. Requires subdivisin regulatins nt be incnsistent with master plans. Radway Width. Establishes a presumptin that requirements fr radway widths f greater than 24 feet are excessive. 3

4 Appeals. Intrduces standards fr appellants f a decisin by the planning bard n subdivisin apprval. Submittal f Plans. Establishes new submittal requirements fr subdivisin plans Prvisins fr Partnership Cmmunities (Cmmunities that Opt In ) Sectin 19. Land Use Partnership Act (New Chapter 40U) The bill creates a new statute in the Massachusetts General Laws -- Chapter 40U, The Land Use Partnership Act -- that ffers additinal pwers t partnership cmmunities that, by lcal ptin, adpt a partnership plan and implementing regulatins t satisfy additinal perfrmance standards cnsistent with the state s sustainable develpment principles. A prcess is established thrugh which municipalities can becme partnership cmmunities by adpting partnership plans and implementing regulatins that meet nt nly the basic requirements f Chapter 41 Sectin 81D but als additinal perfrmance standards. The partnership plans and implementing regulatins must receive certificatin f the reginal planning agency, determining that they meet minimum standards and cnsistency. Fr the first five years f the prgram, certificatin will be met if the municipality adpts a partnership plan and implementing regulatins that satisfy the fllwing. Subsequently, certificatin requirements may be set frth in regulatins prmulgated by an Interagency Planning Bard. Prmpt and predictable permitting f cmmercial and industrial develpment within ne r mre ecnmic develpment districts Prmpt and predictable permitting f residential develpment within ne r mre residential develpment districts that cllectively can accmmdate a number f new husing units equal t a husing target number equal t five percent f the ttal number f year rund husing units in the cmmunity. Prmpt and predictable permitting f renewable r alternative energy generating facilities, renewable r alternative energy research and develpment facilities, r renewable and alternative energy manufacturing facilities within ne r mre zning districts that are eligible lcatins. A requirement fr use f pen space residential design fr any develpment f 5 r mre husing units in districts where the minimum lt area exceeds 40,000 square feet. A requirement fr lw impact develpment techniques fr any develpment that disturbs mre than ne acre f land Once a city r twn becmes a Partnership Cmmunity, that cmmunity shall enjy, in additin t thse pwers enumerated t all cities and twns in Chapter 40A, the fllwing additinal pwers: Rate f develpment. The pwer t regulate the rate f develpment 4

5 Natural Resurce Prtectin Zning. The pwer t prtect natural resurces by limiting develpment densities in areas designated by the state r municipality as having imprtant natural r cultural resurce values. Vested Rights. The vesting perid fr a definitive subdivisin plan wuld be reduced frm eight years t fur years. Develpment Agreements. The pwer t enter int develpment agreements that functin as a bna fide lcal land use regulatin. Develpment impact fees. Develpment impact fees authrized under Sectin 9F f Chapter 40A culd be used t defray the csts f public elementary and secndary schls, libraries, municipal ffices, affrdable husing, and public safety facilities. Pririty fr infrastructure funding. Partnership Cmmunities wuld receive pririty in the awarding f discretinary funds fr lcal infrastructure imprvements and ther prgrams Planning technical assistance. It is intended that technical assistance grants be ffered t municipalities t assist in the preparatin f partnership plans and implementing regulatins. 5