Current through Register 1531, September 27, 2024
Amendments to a HD Zone, HD Zone Plan or HD Tax Increment Exemption
Agreement must be approved by the Department. The incorporation of an approved HD
Tax Increment Exemption Agreement into a HD Zone Plan as required by
760 CMR
66.06(2) shall not be considered
to be an amendment to a HD Zone Plan.
(1)
Application for Department Approval.
(a) The application for an amendment shall include
a detailed description of the changes including:
1. The purpose of each change;
2. The effect of each change on the objectives of
the HD Zone Plan and the proposed development and redevelopment activities, public
and private, as set forth in the application for the Department's approval of the HD
Plan;
3. The effect of each change on HD
Projects;
4. Pertinent revisions of the
original application for approval of the HD Zone or HD Zone, or to the HD Tax
Increment Exemption Agreement, to reflect the changes; and
5. Certification by the Town or City Clerk of the
grant of Local Approval pursuant to 760 CMR 66.08(3).
(b) If the Department determines that the
application for approval of an amendment is not complete, it shall provide the
Municipality with opportunity to supplement its application.
(2)
Material Amendments.
Amendments to the HD Zone or HD Zone Plan that change the HD Zone boundaries, other
than technical corrections or, in the sole and reasonable judgment of the
Department, have a material effect on the objectives of the HD Zone Plan or the
proposed development and redevelopment activities, public and private, as set forth
in the application for the Department's approval of the HD Plan, shall be considered
material amendments.
(3)
Local Approval.
(a)
Public Hearing. The Municipality shall hold a public
hearing to take comments on Material Amendments. 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.
(b) All amendments must be
approved 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.
(4)
Conditional Approval. Municipalities may request the
Department to grant a conditional approval of a Material Amendment prior to
obtaining the local approval(s) required by 760 CMR 66.08(3).
(5)
Department Approval.
(a) The Department shall approve amendments to HD
Zones and HD Zone Plans provided that it determines, in its reasonable and sole
discretion, that the proposed changes will not:
1.
Have a material and detrimental effect on the objectives of the HD Zone Plan and the
proposed development and redevelopment activities, public and private, as set forth
in the application for the Department's approval of the HD Plan; or
2. Have a material, detrimental effect on the
likelihood that Sponsors will succeed in producing Market Rate Residential Units or
on any HD Project.
(b) The
Department shall approve amendments to HD Tax Increment Exemption Agreements
provided that:
1. The amended HD Tax Increment
Exemption Agreement remains in compliance with the standards and requirements of
M.G.L. c. 40V and
760 CMR 66.00 and
2. The proposed changes would not have altered the
Department's decision to award HDTCs to the Sponsor.
(c) The Department shall approve or disapprove of
amendments within 60 days of receipt of a complete application.
