An Act to Promote Land Use Reform in Massachusetts.

     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. Chapter 40A of the General Laws is hereby amended by inserting after section 1 the following section:-

40A:2. General Purposes of Zoning Ordinances and By-laws

(a)      The purpose of this Zoning Act is to provide guidance to municipalities in their regulation of land use, growth, and development through the exercise of home rule powers conferred by article 89 of the Massachusetts constitution. Except as hereinafter provided, cities and towns may adopt zoning ordinances and by-laws in furtherance of the purposes contained in this section for the benefit of their present and future inhabitants to the full extent of the powers of such cities and towns, whether such power is independently authorized by the constitution of the Commonwealth or here by the general court incident to power granted to it by the constitution. The Commonwealth shall limit these powers only where necessary to ensure consistency in zoning and promote regional and statewide interests as specifically provided herein.

(b)      This Zoning Act is intended to encourage zoning ordinances and by-laws that advance the following public purposes of the Commonwealth, each with equal priority and numbered for reference purposes only. The general court recognizes that cities and towns may advance some or all of the purposes listed below or may advance other purposes not listed below as they deem appropriate.

(1) Implementation of a plan adopted by the city or town under section eighty-one D of chapter forty-one.

(2) Achievement of a balance of housing choices, types and opportunities for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing.

(3) Orderly and sustainable growth and development which recognizes:

(i) the goals and patterns of land use contained in a plan adopted by the city or town under section eighty-one D of chapter forty-one;

(ii) the natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;

(iii) the values and dynamic nature of watersheds, coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;

(iv) the values of unique or valuable natural resources and features;

(v) the availability and capacity of existing and planned public and/or private services and facilities;

(vi) the need to balance the "built" environment with the "natural" environment; and

(vii) the use of innovative development regulations and techniques such as development agreements, impact fees, inter-municipal transfers of development rights, agricultural zoning, inclusionary zoning, mediation and dispute resolution, and urban growth boundaries.

(4) Control, protection or abatement of air, water, groundwater, noise and light pollution, and soil erosion and sedimentation.

(5) Protection of the natural, historic, cultural, aesthetic, and scenic character of the city or town or areas therein.

(6) Preservation and promotion of agricultural production, forestry, aquaculture, and open space.

(7) Protection of the environment and natural resources, including but not limited to farmland, forestland, water quality and quantity, shore lands, ridgelines, recreational resources, open spaces, special habitats and ecosystems and other qualities of the environment and natural resources set forth in article 97 of the Massachusetts constitution.

(8) Protection of public investment in transportation, water, storm water management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.

(9) Improvement and expansion of existing infrastructure and construction of new infrastructure in support of a plan adopted by the city or town under section eighty-one D of chapter forty-one and the purposes listed herein.

(10) An energy efficient, convenient and safe transportation infrastructure with as wide a choice of modes as practical, including, wherever possible, maximal access to public transit systems.

(11) Sustained or enhanced economic viability of the community and the region.

(12) Coordination of land uses with contiguous municipalities, other municipalities, the state, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality.

(13) Accommodation of regional growth in a fair and equitable, but sustainable manner among municipalities.

(14) Efficient, fair and timely review of development proposals, to clarify and expedite the zoning approval process.

(15) Effective procedures for the administration of the zoning ordinance or by-law, including, but not limited to, variances, special permits, other locally-adopted zoning permits, reviews or procedures, and, where adopted, procedures for modification.

(16) Protection of the public health, safety, and general welfare.

(17) A range of uses and intensities of use appropriate to the character of the city or town and reflecting current and expected sustainable future needs.

(18) Safety from fire, flood, and other natural or man-made disasters.

(19) High level of quality in the design and development of private and public facilities.

(20) Conservation of the value of land and buildings.

(21) Conservation and enhancement of community amenities.

(22) Efficiency in energy usage and the reduction of pollution from energy generation, including the promotion of renewable energy sources and associated technologies.

SECTION 2. Section 3 of chapter 40A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, after the word "the", in line 25, the following word:- minimum.

SECTION 3. Said section 3 of said chapter 40A, as so appearing, is hereby further amended by striking out, in lines 26-34 inclusive, the words "nor shall any such ordinance or by-law prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic, or by a religious sect or denomination, or by a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements.".

SECTION 4. Said section 3 of said chapter 40A, as so appearing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Zoning ordinances or by-laws shall not prohibit the use of land or structures thereon for: a) educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a nonprofit educational corporation; b) religious purposes by a religious sect or denomination; c) the purposes of operating a child care facility or d) the purposes of operating a community residential program. As used in this section the following words shall have the following meanings: a) "educational purposes" means public and nonprofit private primary, secondary and higher educational purposes; b) "child care facility" means a day care center or school age child care program, as those terms are defined in section 9 of chapter twenty-eight A; c) "community residential program" means a residential facility licensed by the Commonwealth to provide care or shelter or supervision or education to a maximum of eight (8) individuals with a mental or physical disability or to victims of crime, of physical or mental abuse, or of neglect in a small-scale residential setting with on-site or off-site supervision. The land or structures used for such purposes may, however, be subject to reasonable regulations regarding the bulk and height of structures, yard sizes, frontage, lot area, building coverage requirements, setbacks, floor area ratio, parking, access and egress, lighting, drainage, landscaping, buffering and open space, and similar matters. Compliance with such regulations may be determined as provided by ordinance or by-law in each city or town, including through site plan review under which reasonable conditions, safeguards, and limitations to mitigate the impact of a specific use of land or structures on the neighborhood may be imposed pursuant to section seven A of this chapter. In addition, the application of such regulations to particular land or structures used for such purposes may be waived in whole or in part by special permit, and reasonable conditions may be imposed as part of the special permit. The waiver may be granted if the special permit granting authority finds, based upon the evidence presented by the person seeking the waiver, that the waiver will not result in substantially more detriment to the neighborhood than the use of the particular land or structures for such purposes without the waiver."

SECTION 5. Section 5 of said chapter 40A, as so appearing, is hereby amended by inserting, after the tenth paragraph, the following paragraph:-

A zoning ordinance or by-law adopted or amended under this chapter shall not be inconsistent with a plan prepared by the city or town under section eighty-one D of chapter forty-one. Said ordinances or by-laws shall provide that in the instance of uncertainty in the construction or application of any section therein, the ordinance or by-law shall be construed in a manner that will further the implementation of, and not be contrary to, the goals, policies and applicable elements of said plan. This paragraph shall not become effective until five years after it is enacted in the General Laws.

SECTION 6. Chapter 40A of the General Laws is hereby amended by striking out section 6 and inserting in place thereof the following section:-

40A:6. Applicability of Zoning Ordinances and By-laws

40A:6A. Nonconforming Lots, Structures and Uses

(a) Residential Lot Exemption

Increases in lot area, frontage, width or depth, or building setback requirements of a zoning ordinance or by-law shall not apply to a lot for single- or two-family residential use which immediately prior to the effective date of the zoning amendment that rendered the lot nonconforming:

(1) was shown or described as a separate lot on a recorded plan or deed or on an assessors map or plat and has access to and frontage on an existing public way, or if not, to a way of sufficient width, grade and construction to provide safe access to such lot as the planning board or its designee may determine; and

(2) conformed to the then existing lot area, frontage and lot width or depth requirements; and

(3) had at least five thousand square feet of area and fifty feet of frontage in the case of a single-family residential use and at least seventy-five thousand square feet of area and seventy-five feet of frontage in the case of two-family residential use; and (4) was not held in common ownership with any adjoining land. For the purposes of this section, common ownership shall include lots held by separate legal entities, persons or trusts under common control or with common beneficial interests.

(b) Lawfully Nonconforming Structures and Uses

(1) For the purposes of this section, a lawfully nonconforming structure or use shall be a structure or use lawfully in existence at the time of the effective date of the zoning amendment rendering such structure or use nonconforming.

(2) Adoption or amendment of a zoning ordinance or by-law shall not apply to lawfully nonconforming structures or uses and shall not apply to structures and uses lawfully begun prior to the first publication of notice of the public hearing on the adoption or amendment of the relevant zoning ordinance or by-law required by section five.

(3) A zoning ordinance or by-law may provide that, if a nonconforming use or structure is abandoned for a period of two years or more, it may not be reestablished. Abandonment shall consist of some overt act, or failure to act, which would lead one to believe that the owner neither claims or retains any interest in continuing the nonconforming structure or use, unless the owner can demonstrate an intent not to abandon it. An involuntary interruption of a nonconforming structure or use, such as by fire and natural catastrophe, does not establish the intent to abandon. However, if a nonconforming structure or use is halted, unused or vacated for a period of two years, the owner shall be presumed to have abandoned it.

(4) This subsection 6A(b) shall not apply to establishments which display live nudity for their patrons, as defined in section nine A, adult bookstores, adult motion picture theaters, adult paraphernalia shops, or adult video stores subject to the provisions of section nine A.

(c) Alteration, Reconstruction, Extension or Structural Change of Lawfully Nonconforming Structures and Uses

(1) A zoning ordinance or by-law shall not prohibit the alteration, reconstruction, extension, or structural change to a lawfully nonconforming single- or two-family residential structure, provided there is no increase in the degree of nonconformity of the structure.

(2) A zoning ordinance or by-law may permit, as of right or by special permit, lawfully nonconforming structures or uses to be altered, reconstructed, extended or structurally changed provided that such actions shall not increase the degree of nonconformity of the structure or use.

(3) A zoning ordinance or by-law may permit, by special permit, lawfully nonconforming structures or uses to be altered, reconstructed, extended or structurally changed in a manner that increases the degree of nonconformity of the structure or use, provided that the permit granting authority finds that such actions shall not be substantially more detrimental to the neighborhood than the lawfully nonconforming structure or use.

(4) A zoning ordinance or by-law may regulate nonconforming structures differently than nonconforming uses.

(5) A zoning ordinance or by-law may vary by zoning district(s) the requirements for the alteration, reconstruction, extension or structural change for all lawfully nonconforming structures and uses, except single- and two-family residential structures.

40A:6B. Vested Rights: Effective Date of Zoning Amendments

(a) Building Permits and Special Permits

(1) Adoption or amendment of a zoning ordinance or by-law shall not apply to a building permit issued or special permit granted prior to the first publication of notice of the public hearing on the adoption or amendment of the relevant zoning ordinance or by-law required by section five.

(2) The provisions of subsection 6B(a)(1) shall not apply to building permits unless construction under the permit is commenced within six months after issuance and is carried through to completion as continuously and expeditiously as is reasonable.

(3) The provisions of subsection 6B (a)(1) shall not apply to special permits unless the use or construction authorized under such permit is commenced within two years.

(b) Subdivision Plans

(1) Adoption or amendment of a zoning ordinance or by-law shall not apply to a definitive subdivision plan approved prior to the first publication of notice of the public hearing on the adoption or amendment of the relevant zoning ordinance or by-law required by section five.

(2) The provisions of subsection 6B(b)(1) shall apply for a period of three years.

(c) General Provisions

(1) The time requirements of this section 6B shall be extended for a period of time equal to the duration of:

(i) any extensions granted by the applicable local board or authority;

(ii) the period of an appeal from the decision of any applicable local board or authority taken under applicable provisions of law on a building permit, special permit or definitive subdivision plan; and

(iii) any moratoria upon permitting or construction imposed by any government entity.

(2) The record owner of the land shall have the right, at any time, by an instrument duly recorded in the registry of deeds for the district in which the land lies, a copy of which shall be filed with the building inspector and town clerk, to waive the provisions of this section 6B, in which case the zoning ordinance or by-law then or thereafter in effect shall apply.

SECTION 7. Chapter 40A of the General Laws is hereby amended by inserting after section 7 the following section:-

40A:7A. Site Plan Review

(a) As used in this section, a "site plan" is a submission made to a municipality that includes documents and drawings required by an ordinance or by-law and used by the municipality to determine whether a proposed use of land or structures is in compliance with applicable local ordinances or by-laws, to evaluate the effects of the proposed use of land or structures on the neighborhood and/or community, and to evaluate and propose site design modifications that will lessen those impacts.

(b) A city or town may adopt a local ordinance or by-law requiring the submission, review and approval of a site plan before authorization is granted for the use of land or structures governed by a zoning ordinance or by-law.

(c) Such ordinance or by-law for site plan review shall:

(1) establish which uses of land or structures are subject to site plan review;

(2) specify the local board or official charged with reviewing and approving site plans, which may differ for different types, scales, or categories of uses of land or structures;

(3) establish the submission and review process for a site plan which is submitted in connection with an application for a variance, special permit, or other discretionary zoning approval. This submission and review may be conducted as part of the review of the application for discretionary approval or may be a separate review process under subsection (c)(4) below;

(4) establish the submission and review process for applications not governed by the procedures for review of discretionary zoning approval under subsection (c)(3) above, which may include the requirement of a public hearing held pursuant to the provisions in section eleven of this chapter. A decision under this subsection (4) shall require a vote by no more than a majority of the full board and shall be made within the time limits prescribed in the ordinance or by-law, not to exceed the time limits for special permits contained in section nine of this chapter. If no decision is issued within the prescribed time limit, the applicant shall be entitled to constructive approval of the site plan submitted as provided in section nine, paragraph eleven of this chapter;

(5) establish standards by which the use of land or structures and its impact on the neighborhood shall be evaluated; and

(6) contain provisions that make the terms, conditions, and content of the site plan once approved enforceable by the municipality, which may include the requirement of performance guarantees.

(d) The local board or official charged with review of site plans may adopt, and from time to time amend, after a public hearing, rules to implement the local site plan ordinance or by-law adopted under this section. Notice of the proposed rules and of the location, date and time of the public hearing shall be filed with the city or town clerk and published in a newspaper of general circulation in the city or town at least fourteen days before the public hearing.

(e) A site plan submitted for the use of specific land or structures provided in subsection (c)(4) shall be approved if the site plan:

(1) meets the procedural and submission requirements of the site plan review process applicable to the specific land or structures;

(2) complies with the regulations applicable to such land or structures in the local zoning ordinance or by-law; and

(3) meets such standards as the local zoning ordinance or by-law provides by which the use of land or structures and its impact on the neighborhood shall be evaluated.

(f) A site plan approved hereunder may include reasonable conditions, safeguards and limitations to mitigate the impacts of a specific use of land or structures on the neighborhood.

(g) Decisions made under site plan review may be appealed as specified in the ordinance or by law, which may include direct judicial review pursuant to section seventeen of this chapter.

(h) Zoning ordinances or by-laws shall provide that a site plan approval granted under this section shall lapse within a specified period of time, not more than two years from the date of the filing of such approval with the city or town clerk, so long as substantial use or construction has not yet begun, except as extended for good cause by the approving authority designated under (c)(2) above. Such time shall not include time required to pursue or await the determination of an appeal under subsection (g) above.

SECTION 8. Section 9 of chapter 40A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the fourth paragraph, inserted by section 1 of chapter 197 of the acts of 2002, and inserting in place thereof the following paragraph:-

Zoning ordinances or by-laws may provide for the authorization of the transfer of development rights of land within or between districts. Such authorization may be by special permit or by other methods, including but not limited to the applicable provisions of sections eighty-one K to eighty-one GG, inclusive, of chapter forty-one and in accordance with a planning board's rules and regulations governing subdivision control.

SECTION 9. Section 1A of said chapter 40A, as so appearing, is hereby amended by inserting the following definition:-

"Development impact fees", a contribution paid to a city or town by the person undertaking a development for the purpose of offsetting the impacts related to the development.

SECTION 10. Chapter 40A of the General Laws is hereby amended by inserting after section 9C the following section:-

40A:9D. Development Impact Fees

(a) Authority

Cities and towns may adopt ordinances and by-laws establishing and governing the procedure by which they may calculate, assess and impose development impact fees on proposed developments, including procedures to allow waiver or reduction of development impact fees for affordable housing developments.

(b) Administration

(1) Any development impact fee assessed under this section shall be paid to and held in a separate account in the city or town in which the proposed development is located. In the event that the proposed development is located in more than one municipality, the impact fee shall be apportioned among the municipalities in accordance with the land area or other equitable unit measure of the impacts of the proposed development in each city or town having adopted an ordinance or by-law under this section.

(2) Any development impact fee imposed or permitted under this section shall comply with the following:

(i) The fee shall be rationally related and reasonably proportional to an impact directly or indirectly created by the development.

(ii) The purposes for which the fee is expended shall reasonably benefit the proposed development.

(iii) The fee shall be expended for the creation or improvement of capital facilities in accordance with a municipal plan, including, but not limited to, the creation or improvement of streets, sewers, water supplies, pollution abatement, parks, schools and similar capital facilities.

(3) Nothing in this section shall prevent a municipality from imposing fees or conditions which it may otherwise impose under applicable laws and constitutional provisions.

SECTION 11. Chapter 40A of the General Laws is hereby amended by inserting after section 9D the following section:-

40A:9E. Negotiated Special Permits

(a) Authority

A local zoning ordinance or by-law may provide that certain uses of land or structures may have available a negotiated special permit in accordance with the provisions of this section. The purpose of such negotiated special permit shall be to encourage such users of land or structures and the potentially affected community to seek to meet the particular interests of both parties in ways that other lawful measures might not provide. However, the rights of owners of land to use their land under existing rules and such powers as a city or town may otherwise have to regulate such uses of land or structures independent of this section are expressly preserved, unless modified by a negotiated special permit granted hereunder. The denial of a negotiated special permit hereunder shall be deemed to leave unimpaired existing zoning procedures and regulations of the city or town.

(b) Administration

(1) A local zoning ordinance or by law may provide that a negotiated special permit may be granted by the special permit granting authority for the city or town under the following procedures.

(i) The owner of land or structures at issue shall file an application for a negotiated special permit pursuant to such ordinance or by-law with the special permit granting authority of the city or town. Such application shall describe the nature of the proposed use and such of its potential impacts as may be determined to be relevant for this purpose by the zoning ordinance or by-law. Thereafter the special permit granting authority shall cause notice of such application to be sent to parties in interest as hereinafter determined, and shall notice a public hearing on the negotiated special permit within sixty days of receipt of such notice.

(ii) Such negotiated special permit ordinance or by-law may provide for designation of parties in interest entitled to notice hereunder, which may include but need not be limited to the following parties or their designees: (A) the municipal elected official or officials representing the district or ward in which such land or structures is to be located, (B) parties otherwise entitled to notice for any special permit for the use of such land or structures if a special permit were being sought pursuant to section nine of this chapter, (C) such neighborhood organizations within such city or town as may be concerned with the effect of the use of such land or structures which an ordinance or by-law may provide may qualify for such notice by registration in a form thereby to be provided, and (D) the planning board and any special permit granting authority of any abutting city or town if the use of land or structures occurs within 300 feet of its municipal boundary.

(iii) At such public hearing, the negotiated special permit ordinance or by-law may provide that the applicant shall present the proposed use in more detail. The special permit granting authority shall hear such presentation, including a presentation by counsel to the special permit granting authority if it so desires, as to the municipal ordinance or by-laws otherwise applicable to the proposed use, and such comments as may be offered from parties in interest as previously determined and the public.

(iv) At the conclusion of such public hearing, the special permit granting authority may recess the hearing after appointing a review committee as provided in its negotiated special permit ordinance or by by-law including a representative or representatives of the applicant and such of the parties in interest hereinbefore determined or such other persons as the ordinance or by-law may permit or as the authority may designate, to discuss the feasibility of a negotiated special permit hereunder. Such review committee shall be chaired by a neutral facilitator, who may be a representative of the special permit granting authority, or a mediator acceptable to the parties as hereinafter provided. Such recess shall be limited to ninety days from the initial hearing unless both the applicant and the special permit granting authority vote to extend the time, which extension shall not require an additional public hearing.

(v) The review committee shall then determine if there are modifications from the otherwise applicable zoning ordinance that would serve the interest of the applicant as well as conditions on the grant of a negotiated special permit that would serve the interests of abutters, and other parties in interest as hereinbefore determined or other third party interests affected by the project. Such matters as may be discussed, and made the subject of conditions of the negotiated special permit, shall be as such local negotiated special permit ordinance or by-law may provide, but may include:

(A) bulk and height of structures, yard sizes, lot area, frontage, setbacks, open space, parking, floor area, floor area ratio and building coverage requirements, which may be made more favorable to the applicant user of land or structures than would otherwise be applicable under local ordinances or by-laws absent this negotiated special permit;

(B) mitigation of possible impacts of the use subject to the negotiated special permit approval, including, but not limited to the following aspects as long as they are not otherwise subject to review by other local agencies other than the special permit granting authority hereunder; provided, however, that the special permit granting authority hereunder is authorized to grant such permission as would otherwise be required from a "local board" as defined in section twenty of chapter forty B as therein provided:

(1) traffic management and parking, including traffic demand management and alternative transportation modes, driveway access and design to assure convenient and safe movement for vehicles and pedestrians as well as off-street loading and unloading of vehicles servicing buildings on the site;

(2) aspects relating to public health, such as waste disposal;

(3) surface water drainage;

(4) aspects related to visual quality, including lighting, screening of parking areas and structure(s) on the site from adjoining premises or from the street by from lighting or sound by walls, fences, plantings, or other means;

(5) avoidance of major topographic changes, including tree and soil removal;

(6) under-grounding of utility lines;

(7) site design and layout, including the location and configuration structures and relationship of the site's structures to nearby structures in terms of major design elements, including scale, materials, color, roof, and cornice lines, as well as landscaping;

(8) avoidance of removal or disruption of historic resources on or off-site, including designated historical structures or sites, historical architectural elements or archeological sites;

(9) conditions of construction or operations to mitigate the impact of aspects hereinbefore identified or external effects not hereinbefore identified of either construction or operation of the facility subject to the negotiated special permit, including but not limited to hours of operation, noise control, on-site supervision, manual traffic control, limits of work, and so forth, as such local negotiated special permit ordinance or by law may provide, as well as provision for guarantees for performance, including but not limited to bonds or other security;

(10) impact fees or payment in lieu of taxes to offset the burden of public services required; and

(11) if appropriate to the use proposed, a low and moderate income housing component.

(vi) A negotiated special permit ordinance or by-law may provide that the meetings of the review committee may be convened with the assistance of a neutral facilitator or a mediator, as defined in section twenty-three C of chapter two thirty-three, with costs of such facilitator or mediator to be paid by the applicant subject to negotiated special permit review or as the parties in interest may otherwise agree. Such review may include caucuses by the facilitator or mediator with participants which need not be subject to the provisions of section twenty-nine B of chapter thirty-nine.

(vii) If the review committee shall not complete its work so as to produce a recommended form of negotiated special permit within the recess period specified in subsection (iv), then the negotiated special permit shall be deemed denied and the applicant shall have such rights as are hereinafter provided. If the review committee has completed its work within such recess period so as to produce a recommended form of negotiated special permit, then the applicant may proceed to file the negotiated special permit with the special permit granting authority. The authority may then deny, amend or approve such negotiated special permit as it deems advisable as if it were a special permit pursuant to section nine of this chapter, provided that failure to so act within ninety days, or such additional time as the applicant may agree, of the date of filing of such negotiated special permit shall be deemed constructive approval. If the negotiated special permit is amended or denied, then the applicant shall have all pre-existing rights absent the provisions of a negotiated special permit or by law, including the right to apply for a building permit, variance or special permit as such other statutes, local ordinances or by law shall permit.

(viii) If such a negotiated special permit is approved, a zoning ordinance or by law providing a negotiated special permit hereunder shall allow the user of land or structures seeking such negotiated special permit to withdraw its application for a negotiated special permit without prejudice at any time up to and until any appeal period has expired and to rely on its rights under otherwise applicable local ordinances or by-law. After such appeal period has run, however, any negotiated special permit granted pursuant to a negotiated special permit ordinance or by-law shall be binding on the applicant and its successors in interest in the same way as a special permit issued pursuant to section nine of this chapter.

(ix) A negotiated special permit granted hereunder may be appealed by other than the applicant so long as appellant is a party with standing to appeal as if the negotiated special permit were granted under section nine of this chapter, provided that such appeal shall not supercede the right of the applicant to withdraw the negotiated special permit application as provided above.

(x) Nothing herein shall be construed to limit the effect or scope of any local ordinance or by-law otherwise applicable to the applicant absent a negotiated special permit incident to a negotiated special permit ordinance or by-law hereunder.

SECTION 12. Section 17 of chapter 40A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the seventh paragraph the following paragraph:-

Mediation of land use appeals: After the filing of an appeal hereunder, the parties may agree to mediate the decision that was appealed. In all events, the parties shall file a statement advising the court in which such appeal was filed that the dispute has been considered for mediation, and if they agree to mediation, such mediation shall begin within sixty days of the date such statement was filed, or such other period as the parties may agree or the court may allow upon application by any party. Such mediation shall conclude not more than one hundred and eighty days of such filing, provided that such period may be extended for an additional one hundred and eighty days upon mutual agreement of the parties, or for such additional period as the court may allow upon application by any party. Mediators may be chosen by the parties from a list to be provided by the court in which the appeal was filed or from a list compiled by the parties. The mediator shall be compensated by the parties as they may agree, or under terms approved by the court as a cost of such appeal as hereinafter provided. During such mediation, however, any appeal otherwise pending is stayed. A party may withdraw from mediation at any time after written notification to the other parties and to the court in which such appeal was filed, but shall remain responsible for that party's share of the costs of mediation until the time of withdrawal. The mediator shall have the protections provided under section twenty-three C of chapter two hundred and thirty-three, and to the extent that public agencies are participants in such mediations, their deliberations shall not be subject to the provisions of section twenty-nine B of chapter thirty-nine. At the conclusion of such mediation, the mediator shall file with the court a statement describing whether the parties have come to agreement or not. If unresolved, the appeal will then go forward, and if the matter has been resolved, the appeal will be dismissed with prejudice. The cost of mediation will be distributed among the parties as costs of the appeal as the parties may agree and if not, as the court in which such appeal was filed may determine. Mediation hereunder shall not be the only method of resolving a zoning appeal.

SECTION 13. Section 81D of said chapter 41, as so appearing, is hereby amended by striking out the first sentence in the twelfth paragraph and inserting in place thereof the following words:- Such plan shall be made, and may be added to or changed from time to time, by a majority vote of such planning board after a public hearing in accordance with section five of chapter forty A and a later two-thirds majority vote of the legislative body of the city or town after a public hearing in accordance with section five of chapter forty A. For towns with a town meeting form of government, the vote of the legislative body shall be without amendment except for minor technical corrections. For cities, the vote of the legislative body shall be after such amendment as the city council or board of aldermen may deem appropriate. Upon adoption the plan shall be public record.

SECTION 14. Section 81L of chapter 41 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 52-78 inclusive, the definition of "Subdivision" and inserting in place thereof the following definition:-

"Subdivision" shall mean the division of a tract of land into one or more lots and shall include resubdivision. When appropriate to the context, subdivision shall include the process of subdivision or the land or territory subdivided. Except as provided in this chapter, any adjustments to existing lot lines of a recorded lot by any means shall be considered a subdivision. Lot area and frontage shall be of at least such dimension as is then required by zoning or other ordinance or by-law, if any, of said city or town for erection of a building on such lot. If no such dimensions are so required, such area shall be at least five thousand square feet and such frontage shall be at least fifty feet.

SECTION 15. Section 81O of said chapter 41, as so appearing, is hereby amended by striking out the second sentence in the first paragraph and inserting in place thereof the following sentence:- After the approval of a plan the location and width of ways, or the number, shape, and size of the lots shown thereon shall not be changed unless the plan is amended accordingly under section eighty-one W, except that the planning board may adopt alternate rules and regulations under sections eighty-one P and eighty-one Q of this chapter defining and regulating changes to the number, shape, and size of the lots shown thereon as minor subdivisions.

SECTION 16. Said chapter 41, as so appearing, is hereby amended by striking out section 81P and inserting in place thereof the following section:-

41:81P. Alternative Approvals for Minor Subdivisions

Under section eighty-one Q, a planning board may adopt rules and regulations defining and regulating minor subdivisions in a more expeditious manner than would apply to other subdivisions. Such rules and regulations may establish reduced procedural requirements, review periods, fee schedules, performance guarantees, and construction and design standards than would otherwise apply.

SECTION 17. Section 81T of said chapter 41, as so appearing, is hereby amended by striking out, in lines 2-3 inclusive, the following words "or for a determination that approval is not required".

SECTION 18. Section 81X of said chapter 41, as so appearing, is hereby amended by striking out, in lines 12-13 inclusive, the following words "such plan bears the endorsement of the planning board that approval of such plan is not required, as provided in section eighty-one P, or (3)".

SECTION 19. Section 81X of said chapter 41, as so appearing, is hereby further amended by striking out, in lines 17-20 inclusive, the following words "or that it is a plan submitted pursuant to section eighty-one P and that it has been determined by failure of the planning board to act thereon within the prescribed time that approval is not required,".

SECTION 20. Section 81X of said chapter 41, as so appearing, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

Not withstanding the foregoing provisions of this section, the register of deeds shall accept for recording and the land court shall accept with a petition for registration or confirmation of title any plan bearing a certificate by a registered land surveyor that 1) the property lines shown are the lines dividing existing ownerships, and the lines of streets and ways shown are those of public or private streets or ways already established, and that no new lines for division of existing ownership or for new ways are shown, or 2) unless subject to section eighty-one 0 of this chapter or subject to alternate rules and regulations under sections eighty-one P and eighty-one Q of this chapter, the property lines shown do not create a new lot or render an existing lot nonconforming or more nonconforming. The recording of such plan shall not relieve any owner from compliance with the provisions of the subdivision control law or of any other applicable provision of law.

SECTION 21. Section 81M of said chapter 41, as so appearing, is hereby amended by inserting, after the word "systems", in the third sentence, the words:- , and for a plan adopted by the city or town under section eighty-one D of this chapter.

SECTION 22. Section 81O of said chapter 41, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

A plan shall be deemed submitted under this section at the next regularly-scheduled meeting of the planning board provided it is 1) sent by registered mail or delivered to the planning board and received by said board seven days prior to said meeting, and 2) determined to be complete by the board or their designee at said meeting in accordance with the planning board's rules and regulations.

SECTION 23. Section 81Q of said chapter 41, as so appearing, is hereby amended by inserting after the first paragraph the following paragraphs:-

Notwithstanding anything to the contrary in this section, a planning board may adopt a rule or regulation that a plan for a residential subdivision show a lot or lots that shall be reserved for the required construction by the applicant of dwelling units affordable to persons whose household income does not exceed a percentage of the area median income, as such income is determined by the federal Department of Housing and Urban Development. Such requirements shall not exceed fifteen percent of the dwelling units within the subdivision. In lieu of the construction of the required affordable dwelling units within a subdivision, a planning board rule or regulation may allow for the construction of such units off-site, the dedication of land for such purpose, or the payment of sufficient funds to a separate account created by the city or town for such purpose. Cities and towns are hereby empowered to establish said separate accounts to be administered by the treasurer of the city or town.

Rules and regulations adopted or amended under this chapter shall not be inconsistent with a plan prepared under section eighty-one D of chapter 41. Said rules and regulations shall provide that in the instance of uncertainty in the construction or application of any section therein, the rules and regulations shall be construed in a manner that will further the implementation of, and not be contrary to, the goals, policies and applicable elements of said plan. This paragraph shall not become effective until five years after it is enacted in the General Laws.

SECTION 24. Section 81Q of said chapter 41, as so appearing, is hereby amended by striking out, in lines 62-69 inclusive, the words "No rule or regulation shall require, and no planning board shall impose, as a condition of approval of a subdivision, that any of the land within said subdivision be dedicated to the public use, or conveyed or released to the commonwealth or to the county, city or town in which the subdivision is located, for use as a public way, public park or playground, or for any other public purpose, without just compensation to the owner thereof." and inserting in place thereof the following words:- The rules and regulations may require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air and not unreasonable in area in relation to the area of land being subdivided and the prospective uses of such land.

SECTION 25. Section 81U of said chapter 41, as so appearing, is hereby amended by striking out, in lines 174-175 inclusive, the words "for a period of not more than three years".

SECTION 26. Section 81U of said chapter 41, as so appearing, is hereby amended by inserting, after the word "applicant", in line 79, the words ", subject to the discretion and approval of the planning board:".

SECTION 27. The provisions of Sections 1-26 herein shall not be construed to affect any general or special law other than the provisions of chapters 40A and 41 therein revised.