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

Current through Register 1525, July 5, 2024
(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.