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.”   

feedback