[Adopted 12-2-1996 STM by Art. 5, approved
2-18-1997 (Bylaw 58)]
The Town of Orange accepts the provisions of MGL c.40, § 57,
to enable the Town to deny any application for, or revoke or suspend any local
license or permit, including renewals and transfers issued by any board, officer
or department for any person, corporation or business enterprise, who has
neglected or refused to pay any local taxes, fee, assessments, betterments
or any other municipal charges or with respect to any activity, event or other
matter which is the subject of such license or permit and which activity,
event or matter is carried out or exercised or is to be carried out or exercised
on or about real estate whose owner has neglected or refused to pay any local
taxes, fees, assessments, betterments or any other municipal charges.
The Tax Collector or other municipal official responsible for records
of all municipal taxes, assessments, betterments and other municipal charges,
hereinafter referred to as the “Tax Collector,” shall annually
furnish to each department, board, commission or division, hereinafter referred
to as the “licensing authority,” that issues licenses or permits,
including renewals and transfers, a list of any person, corporation, or business
enterprise, hereinafter referred to as the “party,” that has neglected
or refused to pay any local taxes, fees, assessments betterments or other
municipal charges for not less than a twelve-month period, and that such party
has not filed in good faith a pending application for an abatement of such
tax or a pending petition before the appellate tax board.
The licensing authority may deny, revoke or suspend any license or permit,
including renewals and transfers, of any party whose name appears on said
list furnished to the licensing authority from the Tax Collector or with respect
to any activity, event or other matter which is the subject of such license
or permit and which activity, event or matter is carried out or exercised
or is to be carried out or exercised on or about real estate owned by any
party whose name appears on said list furnished to the licensing authority
from the Tax Collector; provided, however, that written notice is given to
the party and the Tax Collector as required by applicable provisions of law,
and the party is given a hearing, to be held not earlier than 14 days after
said notice. Said list shall be prima facie evidence for denial, revocation
or suspension of said license or permit to any party. The Tax Collector shall
have the right to intervene in any hearing conducted with respect to such
license denial, revocation or suspension. Any findings made by the licensing
authority with respect to such license denial, revocation or suspension shall
be made only for the purposes of such proceeding and shall not be relevant
to or introduces in any other proceeding at law, except for any appeal from
such license denial, revocation or suspension. Any license or permit denied,
suspended or revoked under this section shall not be reissued or renewed until
the license authority receives a certificate issued by the Tax Collector that
the party is in good standing with respect to any and all local taxes, fees,
assessments, betterments or other municipal charges payable to the municipality
as the date of issuance of said certificate.
Any party shall be given an opportunity to enter into a payment agreement
with the Tax Collector, thereby allowing the licensing authority to issue
a certificate indicating said limitations to the license or permit and the
validity of said license shall be conditioned upon the satisfactory compliance
with said agreement. Failure to comply with said agreement shall be grounds
for the suspension or revocation of said license or permit; provided, however,
that the holder be given notice and a hearing as required by applicable provisions
of law.
The Board of Selectmen may waive such denial, suspension or revocation
if it finds there is no direct or indirect business interest by the property
owner, its officers or stockholders, if any, or members of his immediate family,
as defined in MGL c.268A, § 1, in the business or activity conducted
in or on said property.
This article shall not apply to the following licenses and permits:
A. Open burning (MGL c.48, § 13).
B. Bicycle permits (MGL c.85, § 11A).
C. Sales of articles for charitable purposes (MGL c.101,
§ 33).
D. Children work permits (MGL c.149, §§ 86,
87).
[Amended 5-2-2005 ATM, Art. 11, approved 8-4-2005]
E. Licenses for clubs, associations dispensing food or beverages
(MGL c.140, § 21E).
F. Dog licenses (MGL c.140, § 137).
G. Fishing, hunting, trapping licenses (MGL c.131, § 12).
H. Marriage licenses (MGL c.207, § 28).
I. Theatrical events, public exhibition permits (MGL c.140,
§ 181).
[Adopted 5-1-2000 ATM by Art. 39, approved
7-17-2000 (Bylaw 64)]
It is the intent of the Town to offer tax abatements to encourage the
continued environmental cleanup and redevelopment of sites zoned for industrial
and commercial use from or at which there has been a release of oil or hazardous
material.
Property which may be the subject of tax abatement agreements pursuant
to this article must:
A. Be a site or a 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 MGL c.21E, § 2) who did not own the property or portion thereof
at the time the oil or other hazardous material(s) was released and said owner
did not cause or contribute to its release;
C. Be zoned for commercial or industrial use.