Section 6 addresses the process for having zoning by-laws certified as consistent with the required plan. The section is merely process. The one positive about this section is that having zoning found consistent with the plan described in Sections 3 - 5 provides a community with protections from the changes the proposal imposes on communities without certified plans and by-laws.
As I previously discussed, the legislation calls for changes to how zoning gets adopted, allowing for a simple majority at town meeting as opposed to the current super majority. The changes also allow for increased levels of grandfather protection in un-certified communities. These changes will allow for special interests to petition for zoning changes that may be inconsistent with the local plan adopted under Chapter 41 Section 81D, stack town meeting to ensure passage, submit an intent to develop based upon the new zoning, and thereby acquire grandfather rights before proper community planning can recover.
The processes in Section 6 establish that, in a certified plan community, before a zoning change can go to town meeting, the zoning change must be certified by the regional planning agency as consistent with the local plan. Essentially halting in their tracts special interest zoning petitions.
While I have not thought out the ramifications, it may be appropriate for such a review of all zoning changes in any community - especially if the proposal to change the process and allow easier grandfather rights to be established were to be approved.
Section 6 reads:
6) Certification and adoption of implementing regulations
(a) Prior to or following municipal adoption of a certified plan, the municipality may prepare implementing regulations. To assist municipalities in this effort, the regulations to be promulgated by the Interagency Planning Board hereunder shall include at least one model provision for implementing regulations for open space residential design, low impact development, and clean energy generation/cogeneration facilities that would satisfy the standards hereof.
(b) The chief executive officer of the municipality may submit the implementing regulations to the regional planning agency for certification. Within 90 days of receiving a submission, the regional planning agency shall determine whether the implementing regulations are consistent with the certified plan. The implementing regulations shall be deemed consistent with the certified plan if they effectuate the minimum standards for consistency with the Commonwealth’s land use objectives established or required by the certified plan. If the regional planning agency determines that the implementing regulations are consistent with the certified plan, then the agency shall issue a written certification to that effect. If the regional planning agency determines that it is unable to issue such a certification, then the agency shall provide the municipality with a written statement of the reasons for its determination. A municipality may re-submit for certification at any time modified implementing regulations that address the issues set forth in the agency’s statement of reasons. If the regional planning agency does not issue a certification or provide a statement of reasons within 90 days after receiving implementing regulations (including re-submitted implementing regulations), then the implementing regulations shall be deemed certified. The municipality shall have the option of submitting its implementing regulations together with its submission of its community land use plan pursuant to Section 4, in which case the regional planning agency shall review both the plan and the implementing regulations within the same 90 day period.
(c) Following certification by the regional planning agency, the implementing regulations may be adopted by the municipality by a simple majority vote of its legislative body. On the date of receipt by the regional planning agency of proof of adoption of the certified implementing regulations pursuant to a certified plan, a municipality shall be deemed a “certified plan community”. Such date shall be deemed the “municipality’s effective date”.
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