Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 66.00 - Housing Development Incentive Program - Chapter 40v
Section 66.03 - Local Approval Process

Universal Citation: 760 MA Code of Regs 760.66

Current through Register 1531, September 27, 2024

(1) Designation of HD Zone and Preparation of HD Zone Plan. The Municipality shall designate an area as a proposed HD Zone pursuant to M.G.L. c. 40V, § 2 and 760 CMR 66.04 and shall prepare a proposed HDIP Zone Plan meeting the requirements of 760 CMR 66.04(2).

(2) Public Hearing. The Municipality shall hold a public hearing to take comments on both the proposed HD Zone and HD Zone Plan. Notice of the hearing shall be given in a newspaper of general circulation in the Municipality in each of two successive weeks, the last publication being at least three days prior to the hearing.

(3) Local Approval. Following the hearing, comments shall be considered, and the proposed HD Zone and HD Zone Plan shall be finalized. Local approval shall be granted by the Municipality's legislative body with the concurrence of the chief executive officer, subject to the requirements and standards of the Municipality's charter and shall include the authority to implement tax increment exemptions for a period not to exceed 20 years for Certified HD Projects in accordance with M.G.L. c. 59, § 5M.

(4) Negotiation of HD Tax Increment Exemption Agreements. Following municipal approval of the proposed HD Zone and the proposed HD Zone Plan, the municipality may begin negotiating HD Tax Increment Exemption Agreements with interested Sponsors.

(5) Multiple Participating Municipalities. The following requirements apply when a HD Zone includes areas in more than one Municipality.

(a) The participating Municipalities shall designate a single such Municipality to make all submissions to the Department required by 760 CMR 66.04 and to receive all communication from the Department regarding such submissions.

(b) Each Municipality shall follow the requirements for local approval set forth in 760 CMR 66.03 and 760 CMR 66.08. The designation of the lead Municipality shall be included in all materials submitted in each Municipality for local approval.

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