Definitions. For purposes of this section, the following definitions
shall apply. All capitalized terms shall be defined in accordance
with the definitions established under the Enabling Laws or this § 5.22.
To the extent that there is any conflict between the definitions set
forth in this section and the Enabling Laws, the terms of the Enabling
Laws shall govern.
AFFORDABLE HOUSING RESTRICTION
A deed restriction of Affordable Housing meeting statutory
requirements in MGL c. 184, § 31, the Enabling Laws and
the requirements of § 5.22.
ARTIST LIVE/WORK UNIT
A residential use that permits up to 50% of the gross floor
area of a residential dwelling unit to be used for the production
of, showing and sale of arts and crafts made on the premises by the
occupant of said unit; alternatively, a building or buildings where
a portion of the total space is used for residential purposes and
other portion(s), not to exceed 50% of the gross floor area of the
building(s), are used for the production, showing and sale of arts
and crafts produced by the residents thereof. Notwithstanding the
preceding, allowances for art-related uses, where said building or
buildings contains other types of nonresidential uses, a minimum of
50% of total gross floor area must be devoted to residential use,
excluding any percentage of the gross floor area that permits such
art-related uses.
AS-OF-RIGHT
Allowable development of one or more units of housing hereunder
without recourse to a special permit, variance, zoning amendment or
other form of zoning relief.
DESIGN GUIDELINES
Noncompulsory site and building design principles and guidance
to applicants for Plan Approval, addressing site planning, architectural
design, parking, accessibility, infrastructure and the natural environment.
DEVELOPABLE LAND
All land within the MCSGOD that can be feasibly developed
into residential or Mixed-Use Projects, excluding Substantially Developed
Land, Open Space, Future Open Space, the rights-of-way of existing
public streets, ways and transit lines, land currently in use for
governmental functions and other environmentally constrained land,
all as defined or as further described herein or in the Enabling Laws.
DHCD
The Department of Housing and Community Development of the
Commonwealth of Massachusetts or any successor agency.
ELIGIBLE HOUSEHOLD
An individual or household whose annual income is less than
80% of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD), adjusted for household
size, with income computed using HUD's rules for attribution of income
to assets.
ENABLING LAWS
MGL c. 40R and 760 CMR 59.00, as they may be amended from
time to time.
MIXED USE
Structure in which Multifamily Dwellings are permitted As-of-right
with allowed commercial, institutional, industrial or other nonresidential
uses.
MONITORING AGENT
The local housing authority or other qualified housing entity designated by the municipality (the PAA, chief executive or other designated municipal official), pursuant to Subsection
D(6), to review and implement the Affordability requirements affecting Projects under Subsection
D.
PAA REGULATIONS
The regulations of the Community Development Board, approved
and on file with DHCD and made applicable to Projects in the MCSGOD
only insofar as they contain the submittal requirements and fee schedule
for applications before said Board. Applicants and their applications
may not be subject to any such regulations, submittal requirements,
fee schedules and application forms that are not on file with and
approved by DHCD. Any subsequent amendments to such regulations, submittal
requirements, fee schedules and application forms must also be on
file with and approved by DHCD.
PLAN APPROVAL
Standards and criteria which a Project in the MCSGOD must
meet under the procedures established herein and in the Enabling Laws.
PLAN APPROVAL AUTHORITY or PAA
For purposes of reviewing Project applications and issuing
decisions on Projects within the MCSGOD, the Plan Approval Authority
(PAA), consistent with MGL c. 40R and 760 CMR 59.00, shall be the
Community Development Board. The PAA is authorized to approve a Site
Plan and issue a Plan Approval decision in order to implement a Project.
PROJECT
A residential, commercial or mixed-use development undertaken
under § 5.22. A Project shall be identified on the Site
Plan which is submitted to the Plan Approval Authority for Plan Review.
SITE PLAN
A plan depicting a proposed Project for any portion of the
MCSGOD and which is submitted to the Plan Approval Authority for its
review and approval in accordance with the provisions of § 5.22.
SUBSTANTIALLY DEVELOPED LAND
Land within the MCSGOD that is currently used for commercial,
industrial, institutional or governmental use, or for residential
use consistent with or exceeding the densities allowable under the
underlying zoning, and which does not qualify as Underutilized Land.
UNDERUTILIZED LAND
Developable Land within the MCSGOD that would otherwise qualify
as Substantially Developed Land but which is characterized by improvements
that have a marginal or significantly declining use and which may
have reasonable potential to be developed, recycled or converted into
a residential or Mixed-Use Project(s) consistent with smart growth
principles.