Bill Text: MA S103 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to renewal communities and smart growth zoning
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-05 - Bill reported favorably by committee and referred to the Senate Committee on Ways and Means [S103 Detail]
Download: Massachusetts-2009-S103-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Susan C. Tucker
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act Relative to Renewal Communities and Smart Growth Zoning.
_______________
PETITION OF:
Name: |
District/Address: |
Susan C. Tucker |
Second Essex and Middlesex |
Barry R. Finegold |
17th Essex |
William Lantigua |
16th Essex |
David M. Torrisi |
14th Essex |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act Relative to Renewal Communities and Smart Growth Zoning.
Whereas, The deferred operation for this act would
tend to defeat its purpose, which is forthwith to remove a barrier to
redeveloping renewal communities, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation of the public
convenience.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding any general or special law to the contrary, in a city designated by the United States Department of Housing and Urban Development as a renewal community pursuant to the Community Renewal Tax Relief Act of 2000, Public Law 106-554, an eligible location pursuant to chapter 40R of the General Laws may include areas with 1 or more underlying zoning districts where the city has previously incorporated smart growth principles, whether by the superimposing of an overlay district or otherwise in such renewal communities.
SECTION 2. A city designated by the United States Department of Housing and Urban Development as a renewal community which has a zoning ordinance or by-law that includes an overlay district enacted after January 1, 2002, for the purpose of incorporating smart growth principles may calculate units of new construction based on units in the underlying zoning district without regard to the overlay district in order to avoid any punitive effect upon the financial incentive to which the renewal community may be entitled under section 9 of chapter 40R of the General Laws.
SECTION 3. An application pursuant to chapter 40R of the General Laws to the department of housing and community development by a city designated as a renewal community shall provide verifying documentation of such designation.”