Mass. General Laws c.40Y § 1

Definitions

Updates

• Added by St.2022, c.268, § 89, effective November 10, 2022

• Amended by St.2023, c. 7, § 193 , effective 30 days following enactment pursuant to subsection (c) of section 2 Article LXXXVII of the Amendments to the Constitution

Section 1

As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Department”, the executive office of housing and livable communities.

“Developable land area”, that area within an approved starter home zoning district that can be feasibly developed into residential or mixed-use developments determined in accordance with regulations of the department; provided, however, that developable land area shall not include: (i) land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed land area; (ii) open space designated by the city or town as provided in section 4; or (iii) areas exceeding 1/2 acre of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, such as wetlands; and provided further, that developable land area may include the land area occupied by or associated with underutilized residential, commercial, industrial or institutional buildings or uses that have the potential to be recycled or converted into residential or mixed-use developments as determined in accordance with the regulations of the department.

“Historic district”, a local historic district established under chapter 40C.

“Open space”, shall include, but not be limited to, land to protect existing and future well fields, aquifers and recharge areas, watershed land, agricultural land, grasslands, fields, forest land, fresh and saltwater marshes and other wetlands, ocean, river, stream, lake and pond frontage, beaches, dunes and other coastal lands, lands to protect scenic vistas, land for wildlife or nature preserve and land for recreational use.

“Plan approval authority”, a board or other unit of municipal government designated by the city or town to conduct site plan review of proposed starter home projects.

“Production bonus payment”, a 1-time payment to a municipality from the trust fund for each starter home created in a starter home zoning district.

“Starter home”, a single-family home not exceeding 1,850 square feet of heated living area.

“Starter home zoning district”, a base or overlay zoning district adopted in a municipal zoning ordinance or by-law that complies with the requirements of section 3.

“Sustainable development standards”, provisions in the zoning ordinance or by-law, including, but not limited to, requirements that new development projects: (i) minimize site disturbance and permanently preserve undeveloped open space to the greatest extent practicable; and (ii) collect and manage storm water runoff in accordance with low impact development practices.

“Trust fund”, the Smart Growth Housing Trust Fund, established by section 35AA of chapter 10.

“Zoning incentive payment”, a 1-time payment to a municipality from the trust fund payable upon the municipality’s adoption, and the department’s approval, of an approved starter home zoning district.

Last updated:	May 4, 2023