Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 58.00 - Urban Center Housing Tax Increment Financing (UCH-TIF) Program
Section 58.12 - Amendments

(1) Amendments to the Zone or Plan. In the event that a municipality shall desire to change the UCH-TIF Zone or the UCH-TIF Plan, an application for amendment of the Zone or Plan, signed in accordance with the municipal signatory authority established in the Plan, shall be submitted to the Department for its approval. The application shall be in such form as may be specified by the Department and shall set out a detailed description of the proposed amendment, the reasons for the amendment, the affect the proposed amendment will have on projects described in the Plan, and shall classify the amendment as minor or major. The Department shall determine whether a proposed amendment is minor or major. A copy of pertinent revisions to the Zone or Plan originally approved by the Department shall be submitted to reflect the proposed amendment.

(2) Minor Amendments. A minor amendment is a change that does not significantly alter any of the basic or material elements of the UCH-TIF Zone or UCH-TIF Plan; if a municipality submits an application for an amendment classified by the municipality as a minor amendment, then the Department shall have 60 days to determine whether such amendment is a minor amendment and to approve the amendment if it determines that the amendment is reasonable under the circumstances. If the Department needs additional information for these determinations, it shall request such information, and the time for acting on the amendment shall be suspended until the additional information has been received by the Department. If the Department shall determine that the amendment is a major amendment and has been misclassified as a minor amendment, the Department shall return the amendment to the municipality for a public hearing and approval by the legislative body of the municipality.

(3) Major Amendments. A major amendment is a change that significantly alters any of the material elements of an UCH-TIF Zone or the UCH-TIF Plan. Prior to submitting an application for a major amendment to the Department, a public hearing shall be held, and the legislative body of the municipality shall approve the amendment in the manner provided by 760 CMR 58.04. Within 60 days following receipt of a complete application for a major amendment, the Department shall take action under the procedure and subject to the standards set out in guidelines issued by the Department.

(4) Amended Agreements. In the event that a municipality and an Owner desire to change an UCH-TIF Agreement, an amended Agreement executed by the municipality and the Owner shall be submitted to the Department for approval with a separate written specification of each change and the reason for the change. The amended Agreement shall meet all the requirements specified in 760 CMR 58.07. Prior to approval of an amended agreement the Department shall make the findings required by 760 CMR 58.09, and guidelines issued by the Department. The Department shall render its decision within 60 days of receipt of the amended Agreement once complete.

(5) New Agreements. In the event that a municipality and an Owner shall desire to enter into an UCH-TIF Agreement with respect to a Property not subject to an existing Agreement, an Agreement negotiated by the municipality and the Owner shall be submitted to the Department for approval. The UCH-TIF Agreement shall meet all the requirements specified in 760 CMR 58.07. Prior to approval, the Department must make the findings required by 760 CMR 58.09, and guidelines issued by the Department. The Department shall render its decision within 60 days of receipt of the UCH-TIF Agreement.