Unofficial 402 CMR
3.00: DISTRICT IMPROVEMENT FINANCING PROGRAM
If you require an
official version of 402 CMR 3.00 (DISTRICT IMPROVEMENT FINANCING PROGRAM), it
can be purchased from the Secretary of the Commonwealth, State Bookstore, State
House, Room 116, Boston, MA 02133 for $1.75. The Bookstore’s telephone number
is (617) 727-2834 and their e-mail address is bookstore@sec.state.ma.us.
Section
3.01: Purpose and
Scope
3.02: Overview and
Applicability of District Improvement Financing Program
3.03: Definitions
3.04: Local Approval
Process
3.05: General
Procedures Governing Filing and Review of
3.06: Applying for
Approval of a Development District
3.07: Approval of
Proposed Development Districts
3.08: Applying for
Approval of a Development Program
3.09: Approval of
Proposed Development Programs
3.10: Amendments to
Development Districts and Development Programs
3.11: Written and
Oral Comments From Interested Parties
3.12: Status Reports
3.13: Public
Participation During Implementation of Development
Program
3.14: Noncompliance By Municipality
3.15: Municipal
Recordkeeping
3.16: Technical
Assistance
3.17: Miscellaneous
3.18: Emergency
Waiver
3.01: Purpose and
Scope
3.01: Purpose and Scope
The purpose of 402
CMR 3.01 through 3.18 is to establish the procedures by which the Economic
Assistance Coordinating Council (EACC) will administer the District Improvement
Financing (
(a) certain requirements that must be met by towns and cities in
obtaining local approval of a development district and development program;
(b) the procedures that towns and cities should follow in
applying for EACC approval of
development districts and
development programs;
(c) the procedures, criteria and considerations that will govern
the EACC’s determination of whether to approve a particular development
district and development program; and
(d) related procedural and administrative issues pertaining to
the EACC’s role in the
program. 3.02: Overview and
Applicability of District Improvement Financing Program
3.02: Overview and Applicability of District Improvement Financing
Program
(1) In General. The
District Improvement Financing program is available to all cities and towns in
the Commonwealth. The program provides municipalities with a variety of tools
to promote development in targeted geographic areas. In particular, the
pledged in advance towards
the repayment of bonds to be issued by the municipality to pay for the
municipal improvements.
(2) Basic Process.
Under the program, a municipality may propose a specific “development
program” that it intends to undertake within an identified “development
district.” All of the development districts within a municipality may not
together comprise more than 25% of the total area of the municipality. Each such development district and
development program must be approved by the EACC.
Within each
development district and consistent with its development program,
municipalities are afforded certain powers under the
Municipalities
undertaking development programs within an invested
revenue district may, but not limited to, finance such programs by issuing
general obligation or revenue bonds which are to be repaid by some or all of
the “program revenues” received by the municipality. The “tax increment” is the
property taxes paid upon the “captured assessed value” of the property in the
revenue district; i.e., the amount by which the current improved value
of an invested revenue district exceeds the “original assessed value” of the
district, as defined in 402 CMR 3.03. A municipality can choose to pledge all
or
a portion of the tax
increment (as well as other revenues) towards repayment of the bonds that it
issues.
3.03: Definitions
As used in 402 CMR
3.00, the following words shall have the following meanings unless the context
clearly requires otherwise:
Affordable
Housing. Housing facilities which are affordable to households with
incomes at or below 80% of the median income for the area in which the city or
town is located as defined by the U.S. Department of Housing and Urban
Development and adjusted for household size.
Base
Date. The last assessment date of the real property
tax immediately preceding the creation of a development district.
Captured
Assessed Value. The valuation amount by which the current assessed value of an
invested revenue district exceeds the original assessed value of the district.
Development
District. A specified area within a city or town that is
to be developed by the municipality under a development program, subject to the
approval of the EACC under 402 CMR 3.07. A development district may
consist of one or more parcels of land, whether or not contiguous, or one or
more buildings or structures, whether or not adjacent. The total area of all
development districts shall not exceed 25% of the total area of a city or town.
Development
Program. A statement of means and objectives adopted by the municipality,
and subject to the approval of the EACC under 402 CMR 3.09, that is designed to
improve the quality of life, physical facilities and structures and the quality
of pedestrian and vehicular traffic control and transportation within a
development district. A development program may also include a statement of
means and objectives designed to increase or improve affordable and market rate
housing within a development district. A development program submitted to the
EACC for approval must contain the information described in 402 CMR 3.08.
Financial
Plan. A statement of the costs and sources of revenues required to
accomplish a development program, including the:
(a) the cost estimates for the development program;
(b) the amount of indebtedness to be incurred; and
(c) sources of anticipated capital.
Inflation
Factor. A ratio: (a) the numerator of which is the total assessed value of
all parcels of all residential and commercial real estate that are assessed at
full and fair cash value for the current fiscal year minus the new growth
adjustments factor for the current fiscal year attributable to the residential
and commercial real estate as determined by the commissioner of revenue
pursuant to M.G.L. c. 59, § 21C, paragraph (f); and (b) the denominator of
which shall be the total assessed value for the preceding fiscal year of all
the parcels included in the numerator. This ratio, however, shall not be less
than 1.
Invested
Revenue District. A development district, or a portion of a development district,
that uses tax increment financing, as defined in 402 CMR 3.03: Development
District.
Invested
Revenue District Development Program. A development program adopted by the
municipality that contains information and statements of intention regarding
the municipality’s use of tax increment financing to fund the projects in such
development program. An invested revenue district development program submitted
to the EACC must contain the specific information described in 402 CMR 3.08(3)(e), as well as the other information described in 402 CMR
3.08, where applicable.
Material
Change to a Development District. A change to a development district relating to
matters which were required to be, or might properly have been, the subject of
a development district application approved locally pursuant to 402 CMR 3.04
and approved by the EACC pursuant to 402 CMR 3.06 and 3.07. Any development
district boundary change(s), other than technical corrections, is(are) material.
Material
Change to a Development Program. A change to a development program relating to
matters which were required to be, or might properly have been, the subject of
a development program application approved locally pursuant to 402 CMR 3.04 and
approved by the EACC pursuant to 402 CMR 3.08 and 3.09. A material change will
vary program by program and should be judged according to the “reasonable
person” standard. No changes are permissible which would impair any liability,
either current or future, including but not limited to any outstanding
indebtedness or other obligations. Any program change(s) that alter(s) the
stated public purpose, primary usage, and/or reasonable probability of success is(are) material. Municipalities may further define material
change in the development program application with specific criteria, which
must be approved by the municipality and the EACC.
Original
Assessed Value. The aggregate assessed value of the development district as of
the base date, increased each year by a percentage equal to the inflation
factor. The original assessed value shall be increased or decreased annually as
a result of a change in the tax-exempt status of the property.
Project. A
project to be undertaken in accordance with a development program.
Project
Costs. Any expenditure made or estimated to be made, or monetary
obligations incurred or estimated to be incurred with respect to a project that
is part of a development program, including, but not limited to, costs
associated with a municipality’s application for approval of a development
district or development program, public works costs, acquisition costs, costs
associated with the construction or rehabilitation of land or improvements for
sale or lease to residential, commercial or industrial users within a
development district plus any costs incidental to those improvements. Various
types of projects costs are described in M.G.L. c. 40Q, § 1 and M.G.L. c. 40Q,
§ 2(c). Project costs, however, shall not include the cost of a building or a
portion of a building used predominantly for the general conduct of government,
such as a city hall, courthouse, jail, police or fire station or other state or
local government office buildings.
Project
Revenues. Receipts of a city or town with respect to a
project including, without limitation, tax increments, investment earnings and
proceeds from insurance or the disposition of property.
Public
Purpose. Public purpose encourages increased residential, industrial and
commercial activity in the Commonwealth.
Tax
Increment. The portion of all real and personal property
taxes assessed by a city or town upon the captured assessed value of property
in a development district.
3.04: Local Approval Process
(1) A municipality
shall designate a public or private entity that will be responsible for
developing a proposed development district and development program and seeking
local approval for such development district and development program.
(2) A municipality
shall hold a public hearing on a proposed development district and development
program prior to seeking municipal approval of such district and program, and
shall also provide the public with an opportunity to submit written comments to
the municipality on such district and program. A municipality may hold a single
public hearing to simultaneously address a related development district and
development program. The municipality shall create a written record of the
public hearing, which shall include a description of the testimony offered by
persons at such hearing.
(3) A municipality
shall provide the public including, but not limited to, the chief elected
officers and the chairpersons of the legislative bodies of abutting cities
and/or towns and the EACC, with reasonable notice of all public hearings and
opportunities to provide written comments pertaining to a proposed development
district and/or development program. Such notice shall be published in one or
more local newspapers of general circulation, shall be posted in the
municipality’s main governmental building, and shall be sent to any person or
group of persons who have requested notification. The notice shall be issued no
less than 14 days prior to the public hearing or to the close of the comment
period, as applicable. In addition, the information to be submitted to the
municipality’s governing body pursuant to 402 CMR 3.04(5) and (6) shall be made
available to the public upon request prior to any public hearing and comment
period.
(4) The municipality
must make a reasonable effort to provide all owners of real property that is to
be acquired by the municipality as part of a proposed development program with
direct written notice of any public hearings and opportunities to provide written
comments pertaining to such development program.
(5) When a proposed
development district is presented to a municipal governing body for approval,
all information identified in 402 CMR 3.06(2)(a)
through (j) must be submitted to the governing body as part of such approval
process.
(6) When a proposed
development program is presented to a municipal governing body for approval,
all information identified in 402 CMR 3.08(3) must be submitted to the
governing body as part of such approval process.
3.05: General Procedures Governing Filing and Review of
(1) Municipal
applications to the EACC for approval of a development district and for
approval of a development program within such development district shall be
jointly and simultaneously submitted to the EACC. A municipality’s governing
body, however, may approve a development district and a related development
program either simultaneously or at different times.
(2) Applications for
approval of a development district and a development program shall be reviewed
by the EACC, subject to the following provisions:
(a) The EACC may declare any application to be incomplete and may
request that a municipality supplement its application with additional
information.
(b) The EACC may request assistance from the Massachusetts Office
of Business Development, the Massachusetts Department of Housing and Community
Development, or any other state agency or instrumentality in evaluating an
application for approval of a development district.
(c) The EACC may request that representatives from a municipality
appear before the EACC to present the municipality’s application, and to answer
questions from the EACC regarding the application.
(d) To the extent necessary and reasonable, the EACC may solicit
reports or information from consultants and other third parties in evaluating
an application for approval of a development district or development program,
and may require the applicant to pay in advance the cost of obtaining such
reports or information.
(3) The EACC shall
meet to consider completed applications for approval of a development district
and development program within 65 days of receiving such applications.
3.06: Applying for Approval of a Development District
(1) A development
district designated and approved by a municipality will not become effective
unless and until it is approved by the EACC. The EACC shall develop a standard
application form for use by municipalities in applying for approval of an area
as a development district.
(2) Applications by
municipalities for approval of a development district shall contain the
following:
(a) Plans or maps of the proposed development district and the
immediately surrounding area, showing:
1. Boundaries of the development district and any significant district
features that help define the nature and scope of the district which may
include, but are not limited to, topographical, natural or environmental
(including hazardous environmental) features;
2. Property lines and the foot-print of buildings and parking
areas on each existing parcel of land;
3. Existing uses and ownership of each parcel, including
identification of land in mixed uses and land in public use;
4. The current zoning of each parcel within the development
district; and
5. All existing thoroughfares, public rights of way and easements.
(b) A listing of the assessed value of each parcel of real estate
within the district, the most recent annual property tax levy on each such
parcel, and any taxes past due and unpaid on each such parcel.
(c) Whether the proposed development district will contain an
invested revenue district and, if so, the geographic boundaries of such
invested revenue district;
(d) In those instances where the proposed development district
will contain an invested revenue development district:
1. A statement identifying parcels, if any, within the invested
revenue development district that are subject to a Tax Increment Financing
(TIF) agreement pursuant to M.G.L. c. 40, § 59, an Urban Center Housing Tax
Increment Financing (UCH-TIF) agreement pursuant to M.G.L. c. 40, § 60, or a
special tax assessment pursuant to M.G.L. c. 23A, § 3E(3);
2. For those parcels identified in 402 CMR 3.06(2)(d)1. that are subject to a TIF
agreement or UCH-TIF agreement, a copy of such agreements, as amended;
3. A statement describing the anticipated impact that the creation
of the proposed invested revenue district will have upon any existing TIF or
UCH-TIF agreements and upon the ability of the municipality to grant TIF or
UCH-TIF agreements in the future and to take advantage of the Economic
Development Incentive Program pursuant to M.G.L. c. 23A, § 3A et seq.
(e) A statement describing why the municipality has defined the
boundaries of the development district (and any invested revenue development
district therein) in the manner that is proposed.
(f) A map of the municipality identifying all existing and
proposed development districts within the municipality, and indicating the
percentage of the area of the municipality comprised by each such district.
(g) A certification from the municipality that all development
districts, both current and proposed, do
not exceed 25% of the total area of the municipality.
(h) A statement identifying the duration of the proposed
development district (not to exceed 30 years) and a name for the proposed
development district.
(i) A certification from the municipality that it has fully
complied with the local approval requirements specified in 402 CMR 3.04 with
regard to the proposed development district.
(j) A copy of the written record of the public hearing (relating
to the development district) created by the municipality pursuant to 402 CMR
3.04(2), and any written comments that have been provided to the municipality
by members of the public concerning the development district.
(k) A certified copy of a formal, duly enacted order of the city
council or town council of a municipality with evidence of approval by the
mayor or city manager where such approval is otherwise required by law, or vote
of the town meeting of a municipality, whichever is applicable, identifying and
approving the proposed development district and identifying the entities and/or
individuals who may act on behalf of the municipality in implementing a
development program within such district.
3.07: Approval of Proposed Development Districts
(1) The EACC shall
approve a proposed development district if it determines that:
(a) The application for such development district is complete;
(b) The total area of all development districts within the
municipality does not exceed 25%;
(c) The municipality has duly approved the development district;
(d) Approval of the development district will significantly
further the public purpose of encouraging increased residential, industrial and
commercial activity in the Commonwealth, as required by M.G.L. c. 40Q, § 2(a);
and
(e) It is reasonably probable that the municipality will achieve
its goals in creating the district.
(2) If the EACC does
not approve a municipality’s application for a development district, it shall provide
written notice to the municipality and a statement of reasons for denial of the
application. A municipality that receives such a denial may subsequently
re-apply to the EACC for approval of a development district in accordance with
re-application procedures to be developed by the director of the EACC.
3.08: Applying for Approval of a Development Program
(1) A municipality
may not undertake any work in furtherance of a development program, including
an invested revenue district development program, unless such program has been
approved by the EACC and is within a development district that has been
approved by the EACC. The EACC shall develop a standard application form for
use by municipalities in applying for approval of a development program.
(2) Each development
district may contain only one development program.
(3) An application
for approval of a development program shall contain the following:
(a) Objectives. A statement of the objectives of the development
program;
(b) Means. A statement describing how these objectives will be
achieved through the proposed development program, including:
1. A description of proposed development activities and projects
within the designated development district, specifically identifying which activities
and projects will be undertaken by public entities and which will be undertaken
by private entities;
2. Plans or maps illustrating changes to be made to the
development district pursuant to the proposed development program, and
specifically identifying:
a. Proposed property lines and the foot-print of buildings and
parking areas on each parcel within the development district;
b. Proposed uses and zoning of all parcels within the development
district;
c. Proposed thoroughfares, public rights of way and easements;
d. Those parcels to be acquired by the municipality;
e. Those parcels to be sold or disposed of by the municipality;
and
f. Buildings or structures to be demolished, rehabilitated, or
constructed.
3. A list of buildings or structures to be constructed or
renovated in connection with the development program, with a description of
such construction or renovation, including who will be undertaking it.
4. A list of buildings or structures to be demolished, either in
whole or in part, in connection with the development program and by whom.
5. A description of how public ways and other infrastructure will
be affected by the development program;
6. A description of streetscaping measures to be undertaken within
the development district, including but not limited to, coordinated signage,
façade and sidewalk improvements, beautification steps, and coordination plans.
7. A description of how transportation facilities and resources
will be affected by the development program.
8. A description of provisions if any exist or if any are to be
established to govern densities, land coverage, land uses, setbacks, offstreet
parking and loading, and building height and bulk;
9. A statement describing how the development program will
improve:
a. the overall quality of life within the
development district;
b. the physical facilities and structures within the development
district;
c. the quality of pedestrian and vehicular traffic control within
the development district; and
d. the transportation facilities and resources within the
development district.
10. An estimate of the number of jobs that will be created,
retained, and eliminated as a result of the development program, and the wages
and benefits associated with such jobs.
In describing a proposed development program, the municipality
shall distinguish between those projects that will be undertaken and paid for
by public entities and those projects that will be undertaken and paid for by
private entities.
(c) Zoning. A statement describing whether, and to what extent,
proposed projects to be undertaken within the development district would be in
compliance with existing zoning laws and ordinances. With respect to proposed
development that would not be in compliance with existing zoning laws and
ordinances, the municipality shall explain how such compliance will be
achieved, including a specification of the zoning changes that will be
necessary to implement the development program.
(d) Financial Plan. A detailed financial plan,
as defined in 402 CMR 3.03. The financial plan must explicitly identify
sources of revenue that are sufficient to pay all project costs.
(e) Invested Revenue District Development Program. If the
development program includes an invested revenue district development program,
a statement containing the following:
1. Estimates of the captured assessed value of the invested
revenue district, including projections of original assessed value and
projected assessed value after one year, five years, ten years, 15 years, 20
years, 25 years, and 30 years, as applicable;
2. The portion of the captured assessed value to be applied to the
development program and projected tax increments in each year of the program;
3. The specific projects, either in the invested revenue
development district or in the development district as a whole, that will be
funded by the tax increments; the timing and amount of such funding through tax
increments; and what percentage portion of each project will be funded through
tax increments;
4. The method of calculating the tax increments together with any
provisions for adjustment of the method of calculation;
5. A projection of the tax revenues to be derived from the
invested revenue district in the absence of a development program;
6. The board or officer of the city or town responsible for
calculating the tax increment;
7. A description of the bond issuances or other debt obligations
contemplated by the municipality in connection with the invested revenue
district development program, including the terms and conditions of such issuances
or obligations, and whether the bonds issued shall be general or special
obligation bonds;
8. If the municipality intends to issue revenue bonds in support
of the invested revenue district development program, a letter from the
municipality’s financial advisor or underwriter stating that the municipality’s
financial plan is sound and viable; and
9. A statement of the estimated impact of tax increment financing
on all taxing jurisdictions in which the district is located.
(f) Housing. A description of plans, if any, for
the development of housing, both affordable and market rate, as part of the
development program, including the number of housing units that will be created
as a result of the program.
(g) Training. A description of workforce training or workforce
development activities, if any is/are, to be undertaken in connection with the
development program.
(h) Municipal Acquisition of Properties. If a municipality intends
to acquire property in connection with its development program, a statement identifying:
1. all properties to be acquired by the
municipality within the development district;
2. the mode of acquisition of each
property, including whether the property will be acquired by eminent domain,
negotiated sale, or other means;
3. the owner of such properties;
4. the estimated cost of each property to
be acquired and the basis for such estimate (which will be held confidential
pursuant to M.G.L. c. 66);
5. identification of any property to be acquired by the
municipality in which any officer or employee of the municipality who, on
account of an interest in the acquisition, would be required to make disclosure
under M.G.L. c. 268A;
6. the current and planned use of such
properties; and
7. plans for the relocation of persons
displaced by the municipality’s acquisition of such properties. Such plans
shall conform to all applicable requirements in M.G.L. c. 79A and the regulations
and guidelines thereunder.
(i) Eminent Domain. If a municipality proposes
to take property by eminent domain, pursuant to M.G.L. chs. 79 or 80A
and subject to the confidentiality requirements as set forth in M.G.L. c. 66, it
shall provide a statement as to why the property must be acquired in this
manner. A municipality shall not take property by eminent domain unless there
shall be a public purpose warranting such taking. The EACC may require, at the
expense of the applicant paid for in advance, the written opinion of qualified
independent counsel as to whether an application establishes the requisite
public purpose.
(j) Schedule and Duration. A schedule for
implementing the development program containing a description of anticipated
events during each of the first five years of the development program, and for
each five-year period thereafter, and a statement identifying the duration of
the development program. A development program may not exceed 30 years
from the date of the approval of the development district by the EACC.
(k) Interested Parties.
The names and addresses of persons or entities that may have
a direct interest in whether the proposed development program is approved by
the EACC. If it is not practicable for the applicant to name these
persons or entities individually, the municipality may refer to groups of
persons or entities, provided that this is accomplished with a reasonable
degree of specificity.
(l) Name. A name for the development program.
(m) Local Approval Requirements.
1. A certification from the municipality that it has fully
complied with the local approval requirements specified in 402 CMR 3.04 with
respect to the development program;
2. A copy of the record of the public hearing (relating to the
development program) created by the municipality pursuant to 402 CMR 3.04(2)
and any written comments that have been provided to the municipality by members
of the public concerning the development program;
3. A description of expected public participation during the
execution of the development program; and
4. A certified copy of a formal, duly enacted order of the city
council or town council of a municipality with evidence of approval by the
mayor or city manager where such approval is otherwise required by law, or vote
of the town meeting of a municipality, whichever is applicable, identifying and
approving the proposed development program and identifying the entities and/or
individuals who may act on behalf of the municipality in implementing the development
program.
(n) Material Change Criteria. Municipalities choosing to further
define material change shall propose the definition at the time of application.
3.09: Approval of Proposed Development Programs
(1) The EACC shall
approve a proposed development program if it determines that:
(a) The application for such development program is complete;
(b) The development program is to be undertaken within a development
district approved by the municipality and by the EACC;
(c) The development program has been duly approved by the
municipality;
(d) The municipality has, in accordance with M.G.L. c. 40Q, § 1,
presented satisfactory assurances and evidence to the EACC that the development
program will improve the quality of life, the physical facilities and
structures, and the quality of pedestrian and vehicular traffic control and
transportation within a development district;
(e) Approval of the development program will further the public
purpose of encouraging increased residential, industrial and commercial
activity in the Commonwealth, as required by M.G.L. c. 40Q, § 2(a); and
(f) There is a reasonable probability that the municipality’s
financial plan, development strategies, and other project plans will allow it
to achieve the stated goals of the development program.
(2) If the EACC does
not approve a municipality’s application for a development program, it shall provide
written notice to the municipality and a statement of reasons for denial of the
application. A municipality that receives such a denial may subsequently
re-apply to the EACC for approval of a development program in accordance with
re-application procedures to be developed by the director of the EACC.
3.10: Amendments to Development Districts and Development Programs
(1) A municipality
shall only make a material change(s) or amendment(s) to an approved development
district or development program by complying with the local approval process
specified in 402 CMR 3.04, as applicable for this change or amendment, and by
receiving final approval from the EACC specified in 402 CMR 3.07 and 402 CMR
3.09, as applicable for this change or amendment.
Municipalities
seeking to make a change(s) or amendment(s) to an approved development district
or development program may obtain a determination from the EACC that such a
change or amendment is or is not material. The EACC will respond within 30 days
of receipt of a written request for clarification.
Municipalities shall
send notice of any change(s) or amendment(s) to an approved development district
or development program to the EACC. This/these change(s) or amendments are
subject to EACC review for materiality. If the EACC deems such change(s) or
amendment(s) to be material and has not been asked to approve it/them, the
municipality shall be subject to 402 CMR 3.14: Noncompliance by Municipality.
(2) The EACC will
create a standard form to be used by municipalities in seeking EACC approval of
an amendment to a development district or development program.
(3) Applications for
approval of an amendment to a development district or development program must,
in addition to any other information required by the EACC, contain the
following:
(a) A detailed description of the proposed amendment;
(b) The reason(s) for the amendment;
(c) The costs of the amendment, if any, and the method of
financing such costs;
(d) The effect of the amendment on project activities;
(e) The impact of the amendment on any program of tax increment
financing implemented by the municipality;
(f) A certification from the municipality that it has complied
with the local approval requirements specified in 402 CMR 3.04, as applicable,
with respect to the proposed amendment;
(g) A copy of the record of the public hearing (relating to the
amendment) created by the municipality pursuant to 402 CMR 3.04(2) and any
written comments that have been provided to the municipality by members of the
public concerning the amendment; and
(h) A certified copy of a formal, duly enacted order of the city
council or town council of a municipality with evidence of approval by the
mayor or city manager where such approval is otherwise required by law, or vote
of the town meeting of a municipality, whichever is applicable, identifying and
approving the proposed amendment.
(4) The EACC will
review and, where appropriate, approve such proposed amendments in accordance
with the procedures and criteria stated in 402 CMR 3.07 and 3.09, to the extent
applicable.
3.11: Written and Oral Comments from Interested Parties
The EACC may
establish a procedure for accepting the submission of comments by interested parties
on a proposed development district or development program. In addition,
pursuant to M.G.L. c. 23A, the EACC may schedule one or more hearings to
provide interested parties with an opportunity to be heard on a proposed
development district or development program.
3.12: Status Reports
Each municipality
implementing an approved development program shall provide an annual status report
to the EACC describing all significant activities, projects and events during
the preceding year in furtherance of the program, including but not limited to,
a list of properties acquired by the municipality by eminent domain during the
preceding year, an update on the costs and financing of the program, including
the status of tax increment financing for the program, and a schedule for the
program containing a description of anticipated events during each of the next
five years, and for each five-year period thereafter. Such reports shall be
submitted on or before each anniversary of the development program’s approval
by the EACC. In addition, the EACC may, from time to time, request other information
from municipalities implementing approved development programs, and such
municipalities shall respond to such inquiries as directed by the EACC.
3.13: Public Participation During
Implementation of Development Program
The EACC may issue
guidelines or directives requiring a municipality that is implementing a development
program to provide for public participation in the implementation process. Such
guidelines or directives may, for example, require a municipality to issue
periodic public notices or hold periodic public meetings or hearings.
3.14: Noncompliance By Municipality
(1) Following the
EACC’s approval of a development district and development program, the EACC shall
have the continuing authority to monitor and enforce a municipality’s
compliance with representations made by the municipality in its development
district and development program applications, as well as its compliance
generally with 402 CMR 3.00 and M.G.L. c. 40Q. In particular, the EACC may take
appropriate remedial actions where a municipality has:
(a) Undertaken or demonstrated an intention to undertake a
material change to a development district or development program previously
approved by the EACC without obtaining EACC approval of such change through the
amendment process described in 402 CMR 3.09;
(b) Has failed to comply with the requirements of 402 CMR 3.12
after receiving initial written notice of such non-compliance and an
opportunity to cure such non-compliance; or
(c) Has otherwise contravened the requirements of 402 CMR 3.00 or
M.G.L. c. 40Q;
(2) Such remedial
actions may include, but are not limited to:
(a) Revoking the approval, or suspending the implementation, of a
development program, except where such program involves bond financing,
commercial lending or other development financing;
(b) The issuance of an order by the EACC directing the
municipality to adhere to an approved development district and/or development
program or to comply with 402 CMR 3.00 and/or M.G.L. c. 40Q, and the referral
of such order to the Office of the Massachusetts Attorney General for
enforcement, if necessary;
(c) Declining to approve any further amendments to a development
district or development program proposed by that municipality; and
(d) Declining to approve subsequent applications by that
municipality for approval of a development district or development program.
3.15: Municipal Recordkeeping
All documents
directly related to the EACC’s approval and oversight of a development district
or development program shall be maintained and kept for a period of seven years
following the expiration of such development district and development program
or three years following the date of final resolution of all legal claims
relating to the development district or development program, whichever is longer.
Such documents shall include, but not necessarily be limited to:
(a) Applications for approval of a development district or
development program;
(b) Requests for amendments to an existing development district or
development program;
(c) Status reports and other information submitted to the EACC
pursuant to 402 CMR 3.12; and
(d) Orders or resolutions from municipal governing councils or
boards pertaining to a development program or development district.
3.16: Technical Assistance
Municipalities may
request assistance from the EACC concerning the establishment and the implementation
of prospective or current development districts or programs. Subject to
available resources, the EACC, or its staff, may provide such assistance in
conjunction with the Massachusetts Office of Business Development and the
Massachusetts Department of Housing and Community Development.
3.17: Miscellaneous
(1) The EACC shall
seek to revise and amend its procedures and 402 CMR 3.00 from time to time to reflect
changed circumstances and its experiences in program implementation.
(2) The provisions
of 402 CMR 3.00 are severable, and if any of the
provisions herein are held by a court of competent jurisdiction to be contrary
to law, such decision shall not impair any of the remaining provisions.
3.18: Emergency Waiver
The EACC may waive
any provision in 402 CMR 3.00 if it determines that such action is necessary and
appropriate to further the goals of the
(1) Such waiver is accomplished by a vote of the EACC;
(2) The EACC issues a written statement of its reasons for such
waiver; and
(3) The EACC may not waive any requirements or criteria that are
mandated by any general or special law.
REGULATORY AUTHORITY
402 CMR 3.00: M.G.L.
c. 40Q.