Section 58.04 - Local Approval Process(1) Designation of UCH-TIF Zone, Preparation of UCH-TIF Plan, and Preparation of the form of the UCH-TIF Agreement. The Chief Executive of a municipality or other authorized officer or entity shall:(a) designate a qualifying Commercial Center as a proposed UCH-TIF Zone meeting the requirements of 760 CMR 58.05;(b) prepare a proposed UCH-TIF Plan meeting the requirements of 760 CMR 58.06;(c) prepare the form of the UCH-TIF Agreement (a document containing the basic provisions of the UCH-TIF Agreement, with specific provisions to be completed as they become known) that meets the requirements of 760 CMR 58.07; and(d) attach to the Plan any Agreements that have been negotiated with Property Owner(s).(2)Public Hearing. The Chief Executive, other authorized officer or entity, or the designee of such officer or entity, shall hold a public hearing to receive public comment on the proposed Zone, Plan, form of the Agreement and any negotiated Agreements. Notice of the hearing shall be given in a newspaper of general circulation in the city or town in each of two successive weeks, the last publication being at least three days prior to the hearing. Notice of the hearing should also be posted on the city/town website at least three days in advance of the hearing.(3)Approval by the Municipal Legislative Body. Following the public hearing, comments shall be considered, and the proposed Zone, Plan, form of the Agreement, and any negotiated Agreements shall be finalized. The legislative body of the municipality (i.e., the town meeting, town council, city council or board of aldermen) may make amendments to the Zone, Plan, form of the Agreement and any negotiated Agreements. Approval of the proposed Zone, Plan, form of the Agreement or any negotiated Agreements as they may have been amended, by a majority vote of the legislative body is a prerequisite to approval of the same by the Department. The legislative body's approval shall include the authority to implement Tax Increment Exemptions as well as the maximum percentage of the costs of any public project that can be recovered through Special Assessments.(4)Execution of UCH-TIF Agreements. Following approval of the proposed Zone, Plan, form of the Agreement and any negotiated Agreements by the municipal legislative body, additional UCH-TIF Agreements may be negotiated and/or executed with any Property Owners. The Agreements shall be executed by a municipal designee or any other officer or entity as may be specified in the UCH-TIF Plan. The Agreements shall provide that they are subject to the approval of the Department without which they shall not go into effect.(5)Application to the Department. The Chief Executive of the municipality shall submit the proposed UCH-TIF Zone, the proposed UCH-TIF Plan, the form of the Agreement and any negotiated Agreements to the Department with an application for approval. The application shall be in such form as may be specified by the Department.(6)Time and Effect of Approval. The UCH-TIF Zone, and Plan shall become effective when the Department issues a notice of approval, and the notice is recorded with the appropriate registry of deeds or land court registry. Any UCH-TIF Agreement shall become effective upon the later of the recording of the UCH-TIF Agreement together with the Department's notice of approval of the UCH-TIF Agreement or the effective date of the UCH-TIF Plan.
The Zone, Plan and any executed Agreements, once effective, shall be final and cannot be amended without written approval by the Department as provided in 760 CMR 58.12. All notices of approvals of major amendments shall not be effective until they are recorded with the appropriate registry of deeds or land court registry. Recording shall be undertaken by and at the expense of the municipality or the Owner.
(7)Disapproval and Resubmission. If the Department disapproves some material part or parts of the Plan, Zone, form of the Agreement, and/or negotiated Agreement(s), it shall notify the municipality. With respect to the issues raised by the Department, the legislative body of the municipality by majority vote may make amendments to the Plan, Zone, form of the Agreement or negotiated Agreements, and resubmit for Department approval.(8)Additional UCH-TIF Agreements. Following negotiation and execution of any UCH-TIF Agreements, each such additional Agreement shall be submitted to the Department for approval as provided in 760 CMR 58.12(5). Upon the recording of the Department's notice of approval with the appropriate registry of deeds and/or land court registry, the Agreement shall be effective and final and cannot be amended without written approval by both the municipality and the Department, as provided in 760 CMR 58.12(5). All UCH-TIF Agreements must be in compliance with the UCH-TIF Plan.Amended by Mass Register Issue 1337, eff. 4/21/2017.Amended by Mass Register Issue 1372, eff. 8/24/2018.