By Ms. Tucker, a petition (accompanied by bill, Senate
No. 156) of Susan C. Tucker, William Lantigua, David M.
Torrisi and Barry R. Finegold for legislation relative to
renewal communities and smart growth zoning. Community
Development and Small Business. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The definition of “Eligible locations” in section 2 of chapter 40R of the General Laws is hereby amended by adding the following sentence:- In a city which has been designated by the U.S. Department of Housing and Urban Development as a “Renewal Community”, an eligible location may include one or more underlying zoning districts wherein smart growth principles have been previously incorporated, whether by overlay district(s) or otherwise, without any diminution of the number of incentive units available by means of the new smart growth zoning district.
SECTION 2. The definition of “Smart growth zoning district” in Section 2 of chapter 40R of the General Laws is hereby amended by adding the following sentence:- In a city designated by the U.S. Department of Housing and Urban Development as a “Renewal Community”, a smart growth zoning district may be superimposed over one or more underlying zoning districts wherein smart growth principles have been previously incorporated, whether by overlay district(s) or otherwise, without any diminution of the number of incentive units available by means of the new smart growth zoning district.
SECTION 3. Section 5 of chapter 40R is hereby amended by inserting the following subsection:- (g) identify whether the city is a “Renewal Community” as designated by the U. S. Department of Housing and Urban Development and, if so, include verifying documentation.
SECTION 4. Section 8 of chapter 40R is hereby amended by inserting after the second sentence the following sentence:- A city designated by the U.S. Department of Housing and Urban Development as a “Renewal Community” which has a zoning ordinance or by-law that includes an overlay district enacted subsequent to January 1, 2002 for the purpose of incorporating smart growth principles may base its calculation of units of new construction on a comparison with the underlying zoning district without regard to such overlay district, in order to avoid any punitive financial effect upon the financial entitlement of such “Renewal Community” under Section 9.
