A.

Purposes. The purposes of the Downtown Brockton Smart Growth Overlay district are:

(1)

To provide an opportunity for residential and mixed-use development, including both new construction and renovation of existing buildings, within a distinctive, attractive and livable environment that supports the commercial revitalization of downtown Brockton.

(2)

To promote continuing development and redevelopment in downtown Brockton that is pedestrian friendly and consistent with Brockton history and architecture.

(3)

To ensure high quality site planning, architecture and landscape design that enhances the distinct visual character and identity of downtown Brockton and provides an environment with safety, convenience and amenity.

(4)

To provide for a diversified housing stock at a variety of costs within walking distance of the Brockton Area Transit Intermodal Center and commuter rail station, including affordable housing, and in housing types that meet the needs of the city's population.

(5)

To generate positive tax revenue, and to benefit from the financial incentives provided by M.G.L.A. c. 40R, while providing the opportunity for new business growth and additional local jobs.

B.

Scope and authority. The DBSGOD is established pursuant to the authority of M.G.L.A. c. 40R and applicable regulations, and shall be deemed to overlay the parcels as shown on the zoning map of the city, as amended. The applicant shall have the option of applying for site plan approval pursuant to the zoning controls set forth in this article or complying with all applicable zoning controls set forth in the zoning ordinances of the city for the underlying zoning districts. Development projects proceeding under this shall be governed solely by the provisions of this article and shall be deemed exempt from the standards and/or procedures of the underlying zoning.

C.

Establishment and delineation of Smart Growth district and subdistricts. The Downtown Brockton Smart Growth district is an overlay district that is superimposed over the underlying zoning district. Within the Downtown Brockton Smart Growth district, there are five subdistricts identified as Arts/Culture; Corcoran; Downtown Core; Ralsco; and Star Market. The boundaries of the DBSGOD and the subdistricts are delineated as the "Downtown Brockton Smart Growth Overlay district and subdistricts" on the official zoning map of the city on file in the office of the city clerk, said map hereby made a part of the zoning ordinance.

(Ord. No. G040, 7-23-07)

As used in this article, the following terms shall have the meanings set forth below:

Affordable housing restriction— A deed restriction of an affordable unit meeting statutory requirements in M.G.L.A. c. 184 § 31 and the requirements of section 27-99.

Affordable rental unit—A dwelling unit required to be rented to an eligible household per the requirements of section 27-99.

Affordable homeownership unit —A dwelling unit required to be sold to an eligible household per the requirements of this article.

Annual update—A list of all approved and currently proposed Smart Growth districts within the city, to be filed on or before July 31 of each year with the Massachusetts Department of Housing and Community Development pursuant to M.G.L.A. c. 40R and applicable regulations.

Applicant—A landowner or other petitioner that files a site plan for a development project subject to the provisions of the Smart Growth district.

Approving authority—The Planning Board of the City of Brockton acting as the authority designated to review projects and issue approvals under this article.

As-of-right development—A development project allowable under this article without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A development project that is subject to the site plan review requirement of this article shall be considered an as-of-right development.

Common ownership—Two (2) or more contiguous or non-contiguous lots within the DBSGOD shall be deemed to be in common ownership if majority control of each is held by a common entity.

Design standards—The document entitled Design Standards for the Downtown Brockton Smart Growth Overlay District, approved by the Massachusetts Department of Housing and Community Development on July 23, 2007, as amended, pursuant to M.G.L.A. c. 40R § 10 and applicable regulations. Said design standards shall be adopted by the planning board of the city pursuant to section 27-97 and are applicable to all development projects within the DBSGOD that are subject to site plan review by the approving authority.

Development project—A residential, nonresidential or mixed-use development undertaken pursuant to this article, article including the construction, reconstruction, conversion, alteration, relocation, enlargement or substantial rehabilitation of any structure(s) or building(s) on a lot or lots within the DBSGOD.

Dwelling unit—One (1) room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same building and containing independent cooking and sleeping facilities. The following types of dwelling units are specifically defined:

(1)

Single-family detached—A detached residential dwelling unit, other than a mobile home, designed for occupancy by one (1) family only.

(2)

Two-family—A detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.

(3)

Three-family— A residential building containing three (3) dwelling units, designed for occupancy by not more than three (3) families.

(4)

Multi-family—A residential building containing four (4) or more dwelling units designed for occupancy by the same number of families as the number of dwelling units.

Eligible household—An individual or household whose annual income is at or below eighty (80) percent 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.

Family—One (1) or more persons occupying a dwelling unit as a single household provided that domestic employees may be housed on the premises without being counted as a family or families.

Household income, median—The median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD).

Institutional use—A nonprofit or quasipublic use or institution, such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land, used for public purpose.

Mixed-use development project—A development project containing a multi-family residential use over at least one (1) floor of retail, restaurant, or office use where the retail, restaurant or office use is not less than seventy percent (70%) of the first floor area and provided that, in newly constructed buildings, separate and distinct building entrances are provided for residential and nonresidential uses.

Nonresidential use—Office, retail, restaurant or institutional use, inclusive, or some combination of the same, not located within a mixed-use development project.

Office—A place for the regular performance of business transactions and services, generally intended for administrative, professional and clerical activities, including a medical or dental office or health clinic.

Restaurant—Any business establishment principally engaged in serving food, drink, or refreshments, whether prepared on or off the premises provided, however, that drive-through windows are not allowed.

Retail use—Business establishments selling goods and/or services to customers on-site, generally for end use personal, business or household consumption. A reasonable amount of storage of said goods shall also be assumed to be an integral part of Retail Use.

Site plan—A plan depicting a proposed development project for all or a portion of the Smart Growth district and which is submitted to the approving authority for its review and approval in accordance with the provisions of section 27-100.

Site plan approval—The approving authority's authorization for a proposed development project based on a finding of compliance with this article and design standards after the conduct of a site plan review.

Site plan review—The review procedure established by this article and administered by the planning board of the city of Brockton as the approving authority.

Smart Growth district—An overlay zoning district adopted pursuant to M.G.L.A. c. 40R, in accordance with the procedures for zoning adoption and amendment as set forth in M.G.L.A. c. 40A and approved by the department of housing and community development pursuant to M.G.L.A. c. 40R and applicable regulations.

Subdistrict—A specific and defined area of land within the DBSGOD that is subject to specific requirements for allowable uses or dimensional requirements that may differ from the requirements for allowable uses or dimensional requirements in other specific and defined areas within the DBSGOD.

Underlying zoning—The zoning requirements adopted pursuant to M.G.L.A. c. 40A that are otherwise applicable to the geographic area in which the DBSGOD is located, as said requirements may be amended from time to time.

Unduly restrict—A provision of a Smart Growth district or a design standard that adds unreasonable costs or unreasonably impairs the economic feasibility of proposed development projects in a Smart Growth district.

Unrestricted unit—A dwelling unit that is not restricted as to rent, price or eligibility of occupants.

Use, accessory—A use subordinate to the principal use on the same lot or in the same structure and serving a purpose customarily incidental to the principal use, and which does not, in effect, constitute conversion of the principal use of the lot, site or structure to a use not otherwise permitted in the Smart Growth district. Accessory uses are permitted or prohibited in the Smart Growth district to the same extent as if such uses were principal uses.

Use, principal—The main or primary purpose for which a structure, building, or lot is designed, arranged, licensed, or intended, or for which it may be used, occupied, or maintained under this article.

Use, secondary— A use located on the same lot as a principal use but which is of equal or lesser scale, impact, and visibility than the principal use. A secondary use is not an accessory use, as it is largely independent from the principal use.

(Ord. No. G040, 7-23-07; Ord. No. 170, 10-14-16)

The following uses shall be permitted in the DBSGOD as-of-right upon site plan approval pursuant to the provisions of this article.

(1)

[As-of-right uses.] In addition to the allowed uses in the table of allowed uses, the following uses are permitted as-of-right for development projects within the DBSGOD subject to the requirements of this article.

a.

Parking accessory to any of the above permitted uses, including surface, garage-under, and structured parking provided, however, on-site surface parking shall not provide more than thirty percent (30%) of the required parking sub-district;

b.

Accessory uses customarily incidental to any of the above permitted uses.

(2)

Prohibited uses.

a.

Any use which emits strong odors, or dust particles, or smoke, or poses danger, such as manufacture of acids, gases, fertilizers, and glue, petroleum refining, reduction of animal matter, and manufacture of cement, gypsum, or explosives.

b.

Any other use dangerous to persons within or outside the district by reason of emission of odor, fumes, gases, particulate matter, smoke, noise, vibration, glare, radiation, electrical interference, threat of fire or explosion, or any other reason.

c.

Any use not listed as an allowed use is expressly prohibited.

(Ord. No. G040, 7-23-07; Ord. No. 170, 10-14-16)

(1)

Table of residential density allowances. The following residential densities shall be allowed on all lots and within all buildings within the designated Sub-districts within the DBSGOD pursuant to the requirements of this article and applicable Design Standards:

(2)

Building height and sub-districts. The height of new structures within the DBSGOD shall be governed by this article in addition to specific requirements for building form in applicable design standards adopted pursuant to section 27-97. For any structure proposed for renovation or rehabilitation that was erected prior to the effective date of this article, the maximum allowable height shall be either the maximum allowable height permitted by this article, or the height of such structure as of the effective date of this article, whichever is taller. Accessory or appurtenant improvements necessary to the operation of a structure (for example, elevator or stairway enclosures and visual screening as may be appropriate) may exceed the maximum height limit defined herein by not more than fifteen (15) feet provided that they occupy in the aggregate less than ten (10) percent of the area of the roof on which they are located. To ensure an overall site design that complements the existing architectural scale and character within downtown Brockton, the maximum height for allowable structures located within the DBSGOD shall vary among five (5) distinct Sub-districts shown on the Zoning Map as follows:

(3)

Setbacks. Setbacks are not permitted unless part of an overall plan to increase pedestrian space. Buildings shall be built to the front lot line.

(4)

Number of buildings on a lot. In the DBSGOD, more than one (1) principal structure may be erected on a lot following a determination by the approving authority that the entire lot and all structures are planned and designed as a unified complex and appropriate provisions are made for parking, access, drainage and utilities.

(5)

Additional dimensional standards and requirements. Applications for site plan approval will also be governed by the design standards for the Downtown Brockton Smart Growth Overlay District, adopted pursuant to section 27-97.

(6)

Contiguous lots. In the DBSGOD, where two or more lots are contiguous or are separated by a right-of-way, such lots may be considered as one (1) lot for the purpose of calculating maximum lot coverage; parking requirements; minimum useable open space; and dwelling units per acre.

(7)

Age-restricted housing units. An applicant may propose a residential or mixed-use development project in which all dwelling units are designed for or accessible to the elderly or the handicapped under all applicable laws and regulations, provided that not less than twenty-five (25) percent of the housing units in any such development project shall be affordable units. All such development projects shall be governed by the requirements of this article and applicable Design Standards.

(Ord. No. G040, 7-23-07; Ord. No. 170, 10-14-16)

Development projects may include a portion not to exceed fifty percent (50%) of the total gross floor area to be used for nonresidential uses including office, retail, restaurant or institutional uses.

(Ord. No. G040, 7-23-07; Ord. No. 170, 10-14-16)

(1)

Off-street parking shall be provided in order to meet or exceed the following minimum requirements:

(2)

Location and buffering of surface parking. Any surface parking lot shall, to the maximum extent feasible, be located at the side or rear of a building, relative to any public right-of-way, public open space, or pedestrian way. Surface parking areas shall be shielded from the public right-of-way by a seven (7) foot wide landscaped buffer yard. The buffer yard shall be separated in a two (2) foot auto overhand area and a five (5) foot wide densely planted landscaped area, the two (2) areas separated by a four (4) foot non-obscuring decorative metal fence. A row of deciduous shade trees shall be planted in the landscaped area, not less than one (1) tree for each twenty-five (25) feet of frontage.

(3)

Payment in lieu of parking. With the approval of the permitting authority, the applicant may make either a cash payment in lieu of providing the required parking, or a partial cash payment combined with a partial provision of the required parking. Applicants wishing to make use of this option are strongly encouraged to meet with the planning director prior to formal submission of an application to help determine project compliance. Payment must be made in an accordance with an adopted parking plan, and shall be applied to the nearest planned or existing municipal facility to the site in question.

Such payments shall be made to the City of Brockton. The city shall hold such payments in a stabilization fund dedicated to land acquisition, design, and construction, of municipal parking. This may include repayment of any debt incurred by the city for capital costs associated with land acquisition, design, and/or construction of parking.

The Rules and Regulations of Permitting Authority shall be updated not less than every two (2) years and shall designate the Parking Space Contribution. This shall be reflective of the cost to construct structured parking space in the city and shall be the payment required for each required parking space that will not be provided in the development.

No certificate of occupancy shall be issued unless and until all deeds, covenants, contractual agreements, and other documents necessary to ensure compliance with this article have been submitted to and approved by the Permitting Authority's designee and the payment has been made. The payment-in-lieu fee shall be paid to the city in no more than three (3) equal annual installments upon the issuance of a certificate of occupancy. The remaining payments shall be due and payable annually on the anniversary of the first payment, and non-payment shall be grounds for revocation of certificates of occupancy for a development. For development projects that create condominium units, the payment for the whole project must be made before the issuance of a certificate of occupancy.

Upon payment of the in-lieu fee, the property shall be deemed "conforming" with respect to those spaces required.

(4)

Reserved.

(5)

Reserved.

(6)

Reserved.

(7)

Disability access. Parking shall be designed and constructed to comply with all applicable disability access requirements including, but not limited to, the Americans with Disabilities Act (ADA).

(Ord. No. G040, 7-23-07; Ord. No. 170, 10-14-16)

To ensure that new development shall be of high quality and shall be compatible with the character of building types, streetscapes, and other community features traditionally found in downtown Brockton, the planning board shall adopt the design standards approved by the department of housing and community development on July 23, 2007, as amended, relative to the issuance of site plan approvals for development projects within the DBSGOD and shall file a copy with the city clerk. In addition to the standards set forth in this article, development projects within the DBSGOD shall comply with such design standards.

(Ord. No. G040, 7-23-07)

The site design for development projects may include common open space and facilities. Where proposed, the plans and any necessary supporting documents submitted with an application for site plan approval within the DBSGOD shall show the general location, size, character, and general area within which common open space or facilities will be located. The plans and documentation submitted to the Approving Authority shall include a description of proposed ownership and maintenance of all common open space or facilities.

(Ord. No. G040, 7-23-07)

(1)

Number of affordable units. At least twenty percent (20%) of all dwelling units constructed in a development project shall be affordable units. At least twenty percent (20%) of all rental dwelling units in a development project shall be affordable units. Provided however, for development projects in which all of the dwelling units are limited to occupancy by elderly persons and/or by persons with disabilities, at least twenty-five percent (25%) of the dwelling units shall be affordable units, whether the dwelling units are rental or ownership units. Developments of twelve (12) or fewer units may request a waiver from the number of affordable units required.

(2)

Fractional units. When the application of the percentages specified above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number if the fraction is 0.5 or more. If the result includes a fraction below 0.5, the fraction shall be rounded down to the next whole number.

(3)

[Requirements.] Affordable units shall comply with the following requirements:

a.

The monthly rent payment for an affordable rental unit, including utilities and parking, shall not exceed thirty (30) percent of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one (1), except in the event of an eligible household with a section 8 voucher in which case program rent limits shall apply.

b.

For an affordable homeownership unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed thirty (30) percent of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one (1).

c.

Affordable units required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.

(4)

Design and construction.

a.

Design. Affordable units must be dispersed throughout a development project and be comparable in initial construction quality and exterior design to the unrestricted units. However, nothing in this section is intended to limit a homebuyer's rights to renovate a dwelling unit under applicable law. The affordable units must have access to all on-site amenities. Affordable units shall be finished housing units.

b.

Timing. All affordable units must be constructed and occupied not later than concurrently with construction and occupancy of unrestricted units. In development projects that are constructed in phases, affordable units must be constructed and occupied in proportion to the number of units in each phase of the development project.

(5)

Unit mix.

a.

The number of bedrooms per unit in the affordable units shall, so far as practicable, be in the same proportion as the number of bedrooms per unit in the unrestricted units.

b.

If only one (1) affordable unit is required and the other units in the development project have various numbers of bedrooms, the applicant may select the number of bedrooms for that unit. If affordable units cannot mathematically be exactly proportioned in accordance with the unrestricted units, the unit mix shall be determined by the approving authority.

(6)

Affordable housing restriction. Each affordable unit shall be subject to an affordable housing restriction which is recorded with the Plymouth County Registry of Deeds or Land Court Registry District of Plymouth County. The affordable housing restriction shall provide for the implementation of the requirements of this section. All affordable housing restrictions must include, at minimum, the following:

a.

A description of the affordable homeownership unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of affordable rental units in a project or portion of a project which are rental. Such restriction shall apply individually to the specifically identified affordable homeownership unit and shall apply to a percentage of rental units of a rental project or the rental portion of a project without specific unit identification.

b.

The term of the affordable housing restriction which shall be in perpetuity or for the longest period allowed by law if other than in perpetuity, but shall be no less than thirty (30) years.

c.

The name and address of an administering agency with a designation of its power to monitor and enforce the affordable housing restriction.

d.

Reference to a housing marketing and resident selection plan, to which the affordable unit is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for local preferences in resident selection to the extent consistent with applicable law. The plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that preference for such unit shall be given to a household of the appropriate size.

e.

A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of eligible households compiled in accordance with the housing marketing and selection plan.

f.

Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set.

g.

A requirement that only an eligible household may reside in an affordable unit and that notice of any lease or sublease of any affordable unit shall be given to the administering agency.

h.

Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the administering agency.

i.

Provision that the restriction on an affordable homeownership unit shall run in favor of the administering agency and the city, in a form approved by municipal counsel, and shall limit initial sale and resale to and occupancy by an eligible household.

j.

Provision that the owner(s) or manager(s) of affordable rental unit(s) shall file an annual report to the administering agency, in a form specified by that agency certifying compliance with the provisions of this section and containing such other information as may be reasonably requested in order to ensure affordability.

k.

Provision that the restriction on affordable rental units in a rental project or rental portion of a project shall run with the rental project or rental portion of a project and shall run in favor of the administering agency and/or the city, in a form approved by municipal counsel, and shall limit rental and occupancy to an eligible household.

l.

A requirement that residents in affordable units provide such information as the administering agency may reasonably request in order to ensure affordability.

m.

Designation of the priority of the affordable housing restriction over other mortgages and restrictions.

(7)

Administration. An administering agency for affordable units, which may be the Brockton Housing Authority or other qualified housing entity, shall be designated by the approving authority and shall ensure the following:

a.

Prices of affordable homeownership units are properly computed; rental amounts of affordable rental units are properly computed.

b.

Income eligibility of households applying for affordable units is properly and reliably determined.

c.

The housing marketing and resident selection plan conforms to all requirements and is properly administered.

d.

Sales and rentals are made to eligible households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given.

e.

Affordable housing restrictions meeting the requirements of this section are recorded with the Plymouth County Registry of Deeds or Land Court Registry District of Plymouth County.

The housing marketing and selection plan may make provision for payment by the owner of reasonable costs to the administering agency to develop, advertise, and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements.

In the case where the administering agency cannot adequately carry out its administrative duties, upon certification of this fact by the approving authority or by the department of housing and community development, the administrative duties shall devolve to and thereafter be administered by a qualified housing entity designated by the approving authority or, in the absence of such designation, by an entity designated by the department of housing and community development.

(Ord. No. G040, 7-23-07; Ord. No. 170, 10-14-16)

The approving authority for site plan approvals in the DBSGOD shall adopt and file with the city clerk administrative rules relative to the application requirements and contents for site plan review. Such administrative rules and any amendment thereto must be approved by the department of housing and community development. The site plan review process encompasses the following:

(1)

Preapplication review. The applicant is encouraged to participate in a pre-application review at the office of the city planner. The purpose of the preapplication review is to obtain the advice and direction of municipal departments typically involved in the regulatory permitting process prior to filing the application. At the preapplication review the applicant shall outline the proposal and seek preliminary feedback from the office of the city planner and other municipal review entities.

(2)

Application procedures.

a.

[Filling.] The applicant shall file the required number of copies of the application with the approving authority and provide notice of said filing to the city clerk. As part of any application for site plan approval for a development project within the DBSGOD, the applicant must submit the following documents to the approving authority and the administering agency:

(1)

Evidence that the development project complies with the cost and eligibility requirements of subsection 27-99(3);

(2)

Development project plans that demonstrate compliance with the requirements subsection 27-99(4); and

(3)

A form of affordable housing restriction that satisfies the requirements of subsection 27-99(6).

b.

Review fees. The Applicant shall be required to pay for reasonable consulting fees to provide peer review of the application for the benefit of the approving authority. Such fees shall be held by the city in an interest-bearing escrow account, and shall be used only for expenses associated with the use of outside consultants employed by the approving authority in reviewing the site plan application. Such fees may be used only for expenses associated with the review of the application by outside consultants including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners and others. Any surplus funds remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith.

c.

[Distribution of applications.] Upon receipt by the approving authority, applications for permits shall be distributed to other municipal boards and departments typically involved in the regulatory permitting process. Reports submitted by other municipal departments or others, which are advisory, shall be submitted to the approving authority within sixty (60) days of filing of the application.

d.

[Proposal evaluation.] Within thirty (30) days of filing of an application with the approving authority, the approving authority or its designee shall evaluate the proposal with regard to its completeness and shall submit an advisory report in writing to the applicant certifying the completeness of the application. The approving authority or its designee shall forward to the applicant, with its report, copies of all recommendations received to date from other boards or departments.

(3)

Public hearing. The approving authority shall hold a public hearing and review all applications according to the procedure specified in M.G.L.A. c. 40A § 11.

(4)

Site plan approval decision.

a.

The approving authority shall make a decision on the site plan application, and shall file said decision with the city clerk, within one hundred twenty (120) days of the date that the application was received by the city clerk. The time limit for public hearings and taking of action by the approving authority may be extended by written agreement between the applicant and the approving authority. A copy of such agreement shall be filed with the city clerk.

b.

Failure of the approving authority to take action within one hundred twenty (120) days or extended time, if applicable, shall be deemed to be an approval.

c.

An applicant who seeks approval because of the approving authority's failure to act on an application within the one hundred twenty (120) days or extended time, if applicable, must notify the city clerk in writing, within fourteen (14) days from the expiration of said time limit for a decision, of such approval and that a copy of that notice has been sent by the applicant to the parties in interest by mail and that each such notice specifies that appeals, if any, shall be made pursuant to M.G.L.A. c. 40R and shall be filed within twenty (20) days after the date the city clerk received such written notice from the applicant that the approving authority failed to act within the time prescribed.

d.

The approving authority's findings, including the basis of such findings, shall be stated in a written decision of approval, conditional approval or denial of the site plan approval application. The written decision shall contain the name and address of the applicant, identification of the land affected and its ownership, and reference by date and title to the plans that were the subject of the decision. The written decision shall certify that a copy of the decision has been filed with the city clerk and that all plans referred to in the decision are on file with the approving authority.

e.

The decision of the approving authority, together with the detailed reasons therefore, shall be filed with the city clerk.

f.

Effective date. If twenty (20) days have elapsed after the decision has been filed in the office of the city clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the city clerk shall so certify on a copy of the decision. If the application is approved by reason of the failure of the approving authority to timely act, the city clerk shall make such certification on a copy of the application. A copy of the decision or application shall be recorded with the title of the land in question in the Plymouth County Registry of Deeds or the Plymouth Land Registry District, and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The responsibility and the cost of said recording and transmittal shall be borne by the owner of the land in question or the applicant.

(5)

Criteria for approval. The approving authority shall approve the development project upon the following findings:

a.

The Applicant has submitted the required fees and information as set forth in applicable regulations; and

b.

The proposed development project as described in the application meets all of the requirements and standards set forth in this article and applicable design standards, or a waiver has been granted there from; and

c.

Any extraordinary adverse potential impacts of the project on nearby properties have been adequately mitigated.

(6)

Criteria for conditional approval. The approving authority may impose conditions on a development project as necessary to ensure compliance with this article and applicable design standards, or to mitigate any extraordinary adverse impacts of the development project on nearby properties, insofar as such conditions are compliant with the provisions of M.G.L.A. c. 40R and applicable regulations and do not unduly restrict opportunities for development. The approving authority may require construction of an approved development project to be phased for the purpose of coordinating the development project with any mitigation required to address any extraordinary adverse Development Project impacts on nearby properties.

(7)

Criteria for denial. The approving authority may deny an application for site plan approval pursuant to this article if it finds one or more of the following:

a.

The development project does not meet the conditions and requirements set forth in this article and applicable design standards.

b.

The applicant failed to submit information and fees required by this article and necessary for an adequate and timely review of the design of the development project or potential development project impacts.

c.

It is not possible to adequately mitigate significant adverse development project impacts on nearby properties by means of suitable conditions.

(8)

Time limit. A site plan approval shall remain valid and shall run with the land indefinitely provided that construction has commenced within two (2) years after the decision issues, which time shall be extended by the time required to adjudicate any appeal from such approval. Said time shall also be extended if the project proponent is actively pursuing other required permits for the project or if there is good cause for the failure to commence construction, or as may be provided in an approval for a multiphase development project.

(9)

Appeals. Pursuant to M.G.L.A. c. 40R, § 11, any person aggrieved by a decision of the approving authority may appeal to the superior court, the land court, the southeast housing court or the district court within twenty (20) days after the site plan decision has been filed in the office of the city clerk.

(Ord. No. G040, 7-23-07)

The approving authority may authorize waivers with respect to the standards set forth in this article in the site plan approval upon a finding that such waiver will allow the development project to achieve the affordability, mix of uses, and/or physical character allowable under this article. However, the approving authority may not waive any portion of the affordable housing requirements in section 27-99 except insofar as such waiver results in the creation of a number of Affordable units in excess of the minimum number of required affordable units.

(Ord. No. G040, 7-23-07)

All development projects within the DBSGOD shall comply with applicable federal, state and local fair housing laws.

(Ord. No. G040, 7-23-07)

On or before July 31 of each year, the city planner for the City of Brockton shall cause to be filed an annual update with the department of housing and community development (DHCD) in a form to be prescribed by DHCD. The annual update shall contain all information required in 760 CMR 59.07, as may be amended from time to time, and additional information as may be required pursuant to M.G.L.A. c. 40S and accompanying regulations. The city clerk of the City of Brockton shall maintain a copy of all updates transmitted to DHCD pursuant to this article, with said copies to be made available upon request for public review.

(Ord. No. G040, 7-23-07)

Upon issuance of a residential building permit within the DBSGOD, the Building inspector of the city shall cause to be filed an application to the department of housing and community development (DHCD), in a form to be prescribed by DHCD, for authorization of payment of a one-time density bonus payment for each residential building permit issued pursuant to M.G.L.A. c. 40R. The application shall contain all information required in 760 CMR 59.06(2), as may be amended from time to time, and additional information as may be required pursuant to M.G.L.A. c. 40S and accompanying regulations. The city clerk of the City of Brockton shall maintain a copy of all such applications transmitted to DHCD pursuant to this article, with said copies to be made available upon request for public review.

(Ord. No. G040, 7-23-07)

The effective date of this article shall be the date on which such adoption is voted upon by the Brockton City Council pursuant to the requirements of M.G.L.A. c. 40A § 5 and M.G.L.A. c. 40R provided, however, that an applicant may not proceed with construction pursuant to this article prior to the receipt of final approval of this article and accompanying zoning map by the department of housing and community development.

(Ord. No. G040, 7-23-07)

The provisions of this article are severable. If any provision of this article is held invalid, the other provisions shall not be affected but shall remain in full force.

(Ord. No. G040, 7-23-07)