EOHLC

Step 1 of 18

Section 1. Community Information

1.1 Municipality(Required)

Select community from the dropdown list

Information about the community's specific zoning requirements under Section 3A and the Compliance Guidelines:

1.2 Community Category(Required)

Select community category from the dropdown list. This information can be found in Appendix I of the Compliance Guidelines

1.2a Minimum multi-family unit capacity(Required)

Must match the number found in Appendix I of the Compliance Guidelines

1.2b Minimum Land Area in acres(Required)

Must match the number found in Appendix I of the Compliance Guidelines

1.2c Percent of district to be located in Transit Station Areas (express as a percentage, e.g. "50" for fifty percent)(Required)

1.3 Information about the contact person for this application(Required)

First Last

1.3a Job Title/Description(Required)

1.3b Email Address(Required)

1.3c Phone Number(Required)

1.4 Information about the municipal CEO(Required)

First Last

1.5 Did this community submit an application for pre-adoption review?(Required)

EOHLC allows, but does not require, communities to submit an application for pre-adoption review before putting 3A-compliance related zoning amendments to vote by its legislative body. The pre-adoption review application is available at mass.gov/mbtacommunities

Yes

Section 2. Compliance Documentation

Please submit the following information for each district and/or subdistrict being submitted for compliance:

Responses to the following questions should match the information from the Compliance Model Excel workbook which must also be uploaded. Please note: the total capacity for file uploads in this application is 25MB. If your files are too large for uploading, please provide links where EOHLC can download the files. If you need assistance with this process, contact program staff at EOHLC@mass.gov

District 1:

Section 3A requires MBTA communities to have a zoning "district" of reasonable size that allows multi-family housing as of right. To demonstrate compliance with the law, MBTA communities may submit a "district" that differs from boundaries adopted at the municipal level. For example. the "district" designated for compliance with Section 3A might consist of a portion of a municipal zoning district or might contain all of, or portions of, multiple municipal zoning districts. Furthermore, a single zoning district might have multiple subdistricts with distinct zoning rules. The Compliance Model requires communities to input a separate "district" for each distinct set of zoning rules, whether they are derived from districts or subdistricts. This does not mean that separate entries are required where one district or subdistrict appears in multiple distinct geographies on a zoning map. The districts used on this application must match the districts used in the Compliance Model workbook. If the MBTA community used only one district in the Compliance Model, enter that information for "District One". If the MBTA community used multiple districts in the Compliance Model, enter the first district for "District One". This application will accept up to six distinct districts/subdistricts. If more than six are necessary, please contact MBTA communities' staff. Once each separate district/subdistrict information has been entered, there is a separate section for the cumulative data of all districts.

District 1: 2.1 Brief narrative description of the district, including its name and location(Required)

For example, "the subdistrict is called "village residential", it is located in the town center, and it allows multifamily housing as of right at 18 units per acre"

Inputs for the quantitative "zoning metrics" fields below can be found in the Compliance Model workbook Summary Tab

District 1: 2.2 Land area in acres(Required)

Enter the "District Land Area (acres)" from the Compliance Model summary tab

District 1: 2.3 Estimated unit capacity(Required)

Enter the "Estimated Unit Capacity" from the Compliance Model summary tab

District 1: 2.4 Gross density in units per acre(Required)

Enter "Gross Density (DU/Acre)" from the Compliance Model summary tab

District 1: 2.7 Is there a second district or subdistrict?(Required)

Select yes if the MBTA community has multiple districts OR subdistricts designated for compliance

Yes

District 2:

District 2: 2.1 Brief narrative description of the district, including its name and location(Required)

For example, "the subdistrict is called "village residential", it is located in the town center, and it allows multifamily housing as of right at 18 units per acre"

District 2: 2.2 Land area in acres(Required)

Enter the "District Land Area (acres)" from the Compliance Model summary tab

District 2: 2.3 Estimated unit capacity(Required)

Enter the "Estimated Unit Capacity" from the Compliance Model summary tab

District 2: 2.4 Gross density in units per acre(Required)

Enter "Gross Density (DU/Acre)" from the Compliance Model summary tab

District 2: 2.7 Is there a third district or subdistrict?(Required)

Yes

District 3:

District 3: 2.1 Brief narrative description of the district, including its name and location(Required)

For example, "the subdistrict is called "village residential", it is located in the town center, and it allows multifamily housing as of right at 18 units per acre"

District 3: 2.2 Land area in acres(Required)

Enter the "District Land Area (acres)" from the Compliance Model summary tab

District 3: 2.3 Estimated unit capacity(Required)

Enter the "Estimated Unit Capacity" from the Compliance Model summary tab

District 3: 2.4 Gross density in units per acre(Required)

Enter "Gross Density (DU/Acre)" from the Compliance Model summary tab

District 3: 2.7 Is there a fourth district or subdistrict?(Required)

Yes

District 4:

District 4: 2.1. Brief narrative description of the district, including its name and location(Required)

For example, "the subdistrict is called "village residential", it is located in the town center, and it allows multifamily housing as of right at 18 units per acre"

District 4: 2.2 Land area in acres(Required)

Enter the "District Land Area (acres)" from the Compliance Model summary tab

District 4: 2.3 Estimated unit capacity(Required)

Enter the "Estimated Unit Capacity" from the Compliance Model summary tab

District 4: 2.4 Gross density in units per acre

Enter "Gross Density (DU/Acre)" from the Compliance Model summary tab

District 4: 2.7 Is there a fifth district or subdistrict?(Required)

Yes

District 5:

District 5: 2.1 Brief narrative description of the district, including its name and location(Required)

For example, "the subdistrict is called "village residential", it is located in the town center, and it allows multifamily housing as of right at 18 units per acre"

District 5: 2.2 Land area in acres(Required)

Enter the "District Land Area (acres)" from the Compliance Model summary tab

District 5: 2.3 Estimated unit capacity(Required)

Enter the "Estimated Unit Capacity" from the Compliance Model summary tab

District 5: 2.4 Gross density in units per acre(Required)

Enter "Gross Density (DU/Acre)" from the Compliance Model summary tab

District 5: 2.7 Is there a sixth district or subdistrict?(Required)

Yes

District 6:

District 6: 2.1 Brief narrative description of the district, including its name and location(Required)

For example, "the subdistrict is called "village residential", it is located in the town center, and it allows multifamily housing as of right at 18 units per acre"

District 6: 2.2 Land area in acres(Required)

Enter the "District Land Area (acres)" from the Compliance Model summary tab

District 6: 2.3 Estimated unit capacity(Required)

Enter the "Estimated Unit Capacity" from the Compliance Model summary tab

District 6: 2.4 Gross density in units per acre(Required)

Enter "Gross Density (DU/Acre)" from the Compliance Model summary tab

District 6: 2.7 Is there a seventh district or subdistrict?(Required)

Yes

District 7:

District 7: 2.1 Brief narrative description of the district, including its name and location(Required)

For example, "the subdistrict is called "village residential", it is located in the town center, and it allows multifamily housing as of right at 18 units per acre"

District 7: 2.2 Land area in acres(Required)

Enter the "District Land Area (acres)" from the Compliance Model summary tab

District 7: 2.3 Estimated unit capacity(Required)

Enter the "Estimated Unit Capacity" from the Compliance Model summary tab

District 7: 2.4 Gross density in units per acre(Required)

Enter "Gross Density (DU/Acre)" from the Compliance Model summary tab

District 7: 2.7 Is there an eighth district or subdistrict?(Required)

Yes

District 8:

District 8: 2.1 Brief narrative description of the district, including its name and location(Required)

For example, "the subdistrict is called "village residential", it is located in the town center, and it allows multifamily housing as of right at 18 units per acre"

District 8: 2.2 Land area in acres(Required)

Enter the "District Land Area (acres)" from the Compliance Model summary tab

District 8: 2.3 Estimated unit capacity(Required)

Enter the "Estimated Unit Capacity" from the Compliance Model summary tab

District 8: 2.4 Gross density in units per acre(Required)

Enter "Gross Density (DU/Acre)" from the Compliance Model summary tab

Cumulative Zoning Metrics

This section appears for MBTA communities that are using more than one municipal zoning district or subdistrict to demonstrate compliance with Section 3A. Find this information in the "Totals" column of the "Comparison Table of Requirements and Modeled Results" on the Summary Tab of the Compliance Model workbook.

2.8 Cumulative Land Area in acres(Required)

Enter the value for "Land Area (acres)" from the Totals column of the Compliance Model summary table

2.9 Cumulative Unit Capacity(Required)

Enter the value for "Estimated Unit Capacity" from the totals column of the Compliance Model summary table

2.10 Overall gross density in units per acre(Required)

Enter the value for "Gross density (DU/AC)" from the totals column of the Compliance Model summary table

2.15 Is at least 50% of the district land area comprised of one contiguous geography?(Required)

Section 5a of the Compliance Guidelines imposes this requirement

Yes

Section 5a of the Compliance Guidelines requires that at least half of the adopted district land area is comprised of contiguous lots of land. If the district designated for compliance in this community does not satisfy this requirement then zoning amendments are required before the district can be considered for compliance.

2.16 Are any district geographies smaller than 5 acres included in the land area calculation?(Required)

Note that only Adjacent Small Towns, who can meet their entire minimum unit capacity requirements with less than 5 acres of land area, may use a geography of less than five acres. See Section 5a of the Compliance Guidelines.

Yes

Section 5a of the Compliance Guidelines requires that an distinct geography of a district must have a minimum land area of 5 acres in order to contribute towards satisfying the community's zoning requirements. The one exception to this rule is that Adjacent small towns, which have no minimum land area requirement, may use a geography of less than 5 acres if its zoning requirements can be met entirely with that geography.

Section 3: Compliance Model Uploads

Please note: the maximum file size for the total of all uploads in this application is 25MB. If files are too large for uploading, please provide links where EOHLC can download the files. Further instructions for uploading shapefiles are available in the District Compliance Application Instructions. If you need assistance with this process, contact program staff at EOHLC3A@mass.gov

3.1 Did this community complete the Compliance Model and achieve numerical zoning standards that satisfy the requirements of Section 3A and the Compliance Guidelines?(Required)

Yes

Completing the Compliance Model and achieving the required numerical standards in Section 3A and the Compliance Guidelines is a mandatory component of this application. If that exercise has not been completed, this community may not apply for District Compliance.

3.1a Completed Compliance Model Excel workbook(Required)

A second link is provided below if the district requires multiple workbooks.

Drop files here or

Max. file size: 50 MB.

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Max. file size: 50 MB.

3.1b If needed, please provide a link to the Excel Workbook if it is too large to be uploaded

Use this field to provide a link to the Excel workbook

3.1c Zip folder containing GIS shapefile components for the designated zoning district(s)

Additional upload links are provided below if multiple uploads are needed. Please provide descriptive file names for each shapefile uploaded. For example "Main street district boundaries"

Drop files here or

Max. file size: 50 MB.

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Max. file size: 50 MB.

Drop files here or

Max. file size: 50 MB.

Drop files here or

Max. file size: 50 MB.

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Max. file size: 50 MB.

3.1d If needed, Please provide a link to the GIS shapefile(s) for the designated zoning district(s)

Use this field to provide a link to the GIS shapefile(s)

3.2 Were any modifications made to the calculations of the Compliance Model workbook, or to the parcel configurations or excluded land classifications provided by EOHLC in the land maps?(Required)

Yes

3.2a What kinds of modifications were made?(Required)

Workbook calculations

Parcel configurations

Excluded land classifications

Other

Other explanation(Required)

If "Other" is selected in 3.2a above, please explain the modifications.

Communities may find that modifications are necessary for the data contained in the Compliance Model to accurately reflect on-the-ground realities. For example, parcel configurations may have changed, or publicly owned land may have been disposed for private housing development. The Compliance Model workbook component allows users to override some of this data to better reflect those realities. If the community made any adjustments to that data, please submit a list of the adjustments that were made, and, if applicable, provide any evidence justifying the override (e.g., copy of a disposition agreement, a recorded plan of land, a recorded deed, etc).

3.2b Please attach a document explaining the modifications

Additional fields are provided below for supporting evidence

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Max. file size: 50 MB.

Section 4: Zoning Uploads

In the following section please provide a copy of the complete municipal zoning ordinance or bylaw and zoning map. Please ensure that all uploads are in PDF format with searchable text and all map imagery is sufficient resolution for a user to zoom in and clearly read all labels and texts. If the community's official zoning map is in color, the upload must be in full color as well. Please note that this application requires certification by the city or town clerk that the uploaded zoning is complete and up to date.

Please note: the total capacity for file uploads in this application is 25MB. If your files are too large for uploading, please provide links where EOHLC can download the files. If you need assistance with this process, contact program staff at EOHLC3A@mass.gov

4.1 Please upload the municipality's FULL zoning bylaw/ordinance, including the adopted district(s) designated for compliance. ***FULL means the FULL bylaw/ordinance, not just the "3A District"***

An additional upload link is provided below if more than one file is required

Drop files here or

Max. file size: 50 MB.

Drop files here or

Max. file size: 50 MB.

4.1a If needed, please provide a link to the bylaw or ordinance

Use this field to provide a link to the certified true copy of relevant bylaw or ordinance text

4.2 Please upload the zoning map, including the adopted district(s) designated for compliance

An additional upload link is provided below if more than one file is required

Drop files here or

Max. file size: 50 MB.

Drop files here or

Max. file size: 50 MB.

4.2a If needed, a link to the zoning map, including the adopted district(s)

Use this field to provide a link to the certified true copy of relevant bylaw or ordinance text

4.2b If available, zip folder containing GIS shapefile for municipal zoning map

Use this field to provide a link to the certified true copy of relevant bylaw or ordinance text

4.3 Is the municipality a town or a city?(Required)

Town

City

Section 5: Inclusionary Zoning/Affordability Requirements

5.1 Is multi-family housing development in this district subject to affordability requirements?(Required)

Note: Any mechanism for requiring affordable units means that "Yes" should be selected. For example, this could be a local inclusionary zoning/housing bylaw/ordinance, a smart growth zoning district under c. 40R, or both.

Yes

5.2 Through which mechanism are affordable units required? (check all that apply)(Required)

Inclusionary zoning bylaw or ordinance that applies to the whole municipality

Inclusionary zoning bylaw or ordinance that is specific to the district designated for compliance with Section 3A, and is NOT connected to any EOHLC zoning incentive program such as Ch. 40R

The affordability requirements are pursuant to a EOHLC zoning incentive program such as a Ch. 40R smart growth zoning district

Local Inclusionary Zoning

5.3 What is the percentage of units in a project that is required to be restricted as affordable?(Required)

Please provide this information in a concise format

5.4 What is the cap on the income of families or individuals to occupy the affordable units, expressed as a percentage of Area Median Income? (For example, 80% of AMI, 60% of AMI, etc)(Required)

Please provide this information in a concise format

5.5 What is the threshold of units in a project to trigger affordability requirements? Please describe how rounding and fractional units are handled.(Required)

Please provide this information in a concise format

5.6 How does the threshold apply?(Required)

If the answer requires additional context please use Question 5.10 to explain

To the total number of units on a lot/in a project, and the pre-existing units count towards the unit threshold

To the number of units added to a lot/to a project, and pre-existing units do not count towards the unit threshold

The applicability of pre-existing units towards the unit threshold depends on whether the development is an addition/expansion, or a razing with new construction

5.7 Please describe any zoning or developer incentives(Required)

Write n/a if none

5.8 May a financial payment be provided in lieu of providing on-site affordable units?(Required)

Yes

5.8a What is the formula used to calculate the required payment?(Required)

5.9 May offsite affordable units be provided as an alternative form of compliance?(Required)

Yes

5.9a Please describe how offsite affordable units are handled.(Required)

5.10 Please provide any other description of inclusionary zoning requirements not captured in the preceding questions.

If a municipality wants units that are developed as of right in accordance with inclusionary zoning requirements to be listed on its Chapter 40B Subsidized Housing Inventory, then it must submit an application to EOHLC to review the units as "Local Action Units" (LAU) for compliance with "Local Initiative Program" (LIP) requirements. Learn more about this at: Local Initiative Program | Mass.gov (https://www.mass.gov/service-details/local-initiative-program)

5.11 Has the appropriate municipal staff reviewed the guidelines for the Local Initiative Program/Local Action Unit (LIP/LAU) and do they understand the process for getting Inclusionary Zoning units onto the Subsided Housing Inventory?(Required)

Yes

Please review LIP/LAU program guidelines available at the link above and contact the LIP/LAU program staff Rieko Hayashi at rieko.hayashi@mass.gov to review the requirements for having affordable units included on your municipality's Subsidized Housing Inventory (SHI) when a project is proposed.

EOHLC Zoning Incentive Program

5.12 Please select the EOHLC zoning incentive program(Required)

If the district designated for compliance with Section 3A is affected by more than one EOHLC zoning incentive program, please input only one at a time.

Smart Growth Zoning District (c. 40R)

Urban Center Housing Tax Increment Financing (UCH-TIF)

5.12a What is the date of the final Letter of Approval from EOHLC approving this 40R district?(Required)

MM slash DD slash YYYY

5.12a What is the date that the UCH-TIF Agreement was recorded in the county Registry of Deeds?(Required)

MM slash DD slash YYYY

Please upload the UCH-TIF Agreement(Required)

You may only upload one file for this answer.

Drop files here or

Max. file size: 50 MB.

5.13 What is the percentage of units in a project that is required to be restricted as affordable?(Required)

A text space is provided if the answer requires additional context

5.14 What is the cap on the income of families or individuals to occupy the affordable units, expressed as a percentage of Area Median Income? (For example, 80% of AMI, 60% of AMI, etc)(Required)

A text space is provided if the answer requires additional context

5.15 What is the threshold of units in a project to trigger affordability requirements? Please describe how rounding and fractional units are handled.(Required)

A text space is provided if the answer requires additional context

5.16 How does the threshold apply?(Required)

If the answer requires additional context please use Question 5.10 to explain

To the total number of units on a lot/in a project, and the pre-existing units count towards the unit threshold

To the number of units added to a lot/to a project, and pre-existing units do not count towards the unit threshold

The applicability of pre-existing units towards the unit threshold depends on whether the development is an addition/expansion, or a razing with new construction

5.17 Please describe any zoning or developer incentives(Required)

Write n/a if none

5.18 May a financial payment be provided in lieu of providing on-site affordable units? If so, what is the formula used to calculate the required payment?(Required)

5.19 May offsite affordable units be provided as an alternative form of compliance? If so, please describe how that is handled.(Required)

5.20 Please provide any other description of inclusionary zoning requirements not captured in the preceding questions.

5.21 Is there an additional EOHLC zoning incentive program affected the district designated for compliance with Section 3A?(Required)

Yes

Economic Feasibility Analysis

Section 4.b. of the Compliance Guidelines requires affordability requirements that exceed certain thresholds to be supported by an economic feasibility analysis, prepared for the municipality by a qualified and independent third party. If inclusionary zoning requirements in the designated district triggered the requirement for an economic feasibility analysis, please upload it below.

5.22 Do the affordability requirements in this MBTA community require submission of an Economic Feasibility Analysis?(Required)

EOHLC reserves the right to require an economic feasibility analysis regardless of the answer selected by the municipality on this District Compliance Application

Yes

Detailed requirements for submitting an Economic Feasibility Analysis are available on the MBTA Communities website at mass.gov/mbtacommunities. Please read both the Economic Feasibility Analysis Details document and the Economic Feasibility Analysis Instructions document prior to attempting to complete this section.

Economic Feasibility Analysis Uploads:

Assumptions Checklist Upload

If multiple checklists are required, please use additional Excel worksheets in one file, or attach a zip file of multiple Excel files

Drop files here or

Max. file size: 50 MB.

Pro forma Upload

If multiple pro formas are required, please use additional Excel worksheets in one file, or attach a zip file of multiple Excel files

Drop files here or

Max. file size: 50 MB.

Economic Feasibility Analysis Narrative Upload

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Max. file size: 50 MB.

Additional Upload if necessary

Drop files here or

Max. file size: 50 MB.

Section 6: Zoning Data

6.1 Were changes necessary to comply with Section 3A?(Required)

Yes

6.2 Please describe the zoning (or non-zoning) changes that were necessary to apply for compliance with Section 3A . Select all that apply(Required)

A new zoning district

A Smart Growth overlay district approved under c. 40R

Amendments to specific provisions in an existing zoning district such as changes to allowed uses/use table, or dimensional requirements

Amendments to existing district boundaries

Amendments to the applicability of other zoning or non-zoning requirements in the district (e.g. parking, site plan review, inclusionary zoning, mixed use, moratoriums, etc)

Amendments to non-zoning rules or regulations

Other

Select all that apply

6.3 How does the new district differ from the previous or underlying base zoning district(s)? Select all that apply(Required)

Allows multi-family housing as of right, vs by special permit

Allows multi-family housing as of right, vs prohibiting it

Allows more dwelling units per lot under use regulations

Allows more dwelling units per lot by direct dimensional regulations (i.e. units per lot area, etc)

Allows more dwelling units per lot by indirect dimensional regulations (i.e. setbacks, FAR, etc)

Other

Select all that apply

6.4 Which amendments were necessary to the existing district(s)? Select all that apply(Required)

Allowing multi-family housing as of right, vs by special permit

Allowing multi-family housing as of right, vs prohibiting it

Allowing more dwelling units per lot under use regulations

Allowing more dwelling units per lot by direct dimensional regulations (i.e. units per lot area, etc)

Allowing more dwelling units per lot by indirect dimensional regulations (i.e. setbacks, FAR, etc)

Other

Select all that apply

6.5 What was the reason to amend district boundaries?(Required)

Expand to meet minimum land area requirements

Expand to meet unit capacity requirements

Consolidate to increase gross density

Change to preserve mandatory mixed use zoning

Other

Select all that apply

6.6 What kinds of applicability needed to change? Select all that apply

Mandatory retail/commercial component

Minimum parking requirements

Site plan review

Design review

Building moratorium

Other

Select all that apply

6.6a Please describe the changes

6.7 Were changes passed using a Simple Majority voting threshold under c. 40A Section 5?(Required)

Yes

6.7a Why was a Simply Majority threshold not used?(Required)

The community determined that the vote was not eligible for Simple Majority

The community did not consider whether the vote was eligible for Simple Majority

Other

6.8 Please provide the date that the latest zoning amendment necessary for complying with Section 3A was adopted(Required)

MM slash DD slash YYYY

6.9 Please describe any other changes that were necessary to comply with Section 3A

Section 7: Signatures, Certifications, and Attestations

By signing and submitting this application, the person whose signature appears below is making the following attestations and certifications to EOHLC:

1. All information provided in this application is true and accurate as of the date of submission.

2. All zoning maps and text provided in support of this application have been validly adopted and are in effect as of the date of submission, except that recently adopted zoning bylaws or zoning amendments may be subject to approval by the Attorney General under section 32 of chapter 40 of the General Laws.

3. No other ordinances, bylaws, or municipal rules or regulations, including but not limited to local board of health, conservation commission, or planning board rules or regulations, or any other restrictions such as development agreements running with the land, that would prohibit, limit, or restrict the development of multi-family housing as of right or that would otherwise conflict with Section 3A and the Compliance Guidelines, are in effect or proposed in the district submitted for compliance.

4. Based on the actual knowledge of the municipal officials engaged in the creation or review of the district submitted for compliance, the GIS district map used in the compliance model accurately reflects all existing parcel configurations, public or institutional land ownership, and material land use restrictions in the district submitted for compliance.

Please attach a statement on municipal letterhead signed by the city or town clerk, certifying that the zoning maps and text submitted in connection with this application by upload, link, or otherwise, is the complete and up to date zoning in the municipality.(Required)

Drop files here or

Max. file size: 50 MB.

Attestation(Required)

I hereby attest that I am duly authorized to submit this application. By entering my name in the space above, I further certify, under the pains and penalties of perjury, that the responses to the questions provided in this application, and the attached documentation, are true, accurate, and complete. I understand that the Executive Office of Housing and Livable Communities (EOHLC) will rely on the information provided in this application to make decisions about compliance with Section 3A of the Zoning Act.

E-Signature for the municipal CEO submitting this form(Required)

After you submit the form, you will receive a message confirming the submission. If you do not receive this confirmation message then your form was missing a required field and was not submitted. Please look for any fields highlighted in red. Correct, and try to submit again.

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