This article is adopted pursuant to and in accordance
with G.L. c. 59, § 59A, which was accepted by the City on
November 8, 2002.
This brownfields tax abatement article is enacted
to encourage the environmental cleanup and redevelopment of sites
zoned for industrial and commercial uses from or at which there has
been a release of oil or hazardous material (qualifying site).
Qualifying sites which may be the subject of
a tax abatement under this article shall:
A. Be a site or portion of a site from or at which there
has been a release of oil or hazardous material;
B. Be owned by an eligible person as that term is defined
in G.L. c. 21E, § 2 (Eligible owner);
C. Be zoned for commercial or industrial use.
Any eligible owner may apply for an abatement
under this chapter by obtaining an application for a brownfield's
tax abatement from the Treasurer's office. Such application may require
any information or documents which the Treasurer deems necessary to
process the application.
In accordance with the requirements of the enabling
legislation, tax abatements granted under this article shall be pursuant
to an agreement as set forth herein.
A. A Brownfields Tax Abatement Review Committee (Committee)
is hereby established and authorized to negotiate agreements for the
abatement of real estate taxes (abatement agreements) with eligible
owners for qualifying sites, subject to approval by the Mayor. The
Committee shall consist of the Assessor, the Treasurer, the Auditor,
the Industrial Development Director and a City Councillor appointed
by the President of the City Council.
B. Abatement agreements may provide for reductions in
outstanding taxes, interest and/or any penalties.
C. Abatement agreements shall include, but not be limited
to, terms addressing the following:
(1) The amount of outstanding real estate taxes;
(2) The interest to accrue, if any;
(3) The amount of monthly payments;
(4) The commencement date for such monthly payments;
(5) The date of final payment;
(6) The late penalties to be imposed;
(7) Any and all other terms of repayment and any other
terms negotiated by the Committee and the property owner and approved
by the Mayor.
D. Copies of all abatement agreements shall be:
(1) Signed by the Mayor and the eligible property owner,
whose signatures shall be notarized;
(2) Attested to by the City Clerk;
(3) Approved as to compliance with this article by the
Treasurer;
(4) Provided to the eligible owner, the City Council,
the Massachusetts Department of Environmental Protection, the Massachusetts
Commissioner of Revenue and the United States Environmental Protection
Agency;
(5) Maintained in the Treasurer's office and the Assessor's
office.