[HISTORY: Adopted by the Town of Greenfield as amended 3-21-2012 by Order No. FY 12-101 (Ch. 66 of the 2002 Bylaws). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Development review — See Ch. 244.
Vacant and foreclosing property — See Ch. 431.
A. 
This chapter shall be considered a further restriction on the powers of eminent domain in Greenfield; all provisions of MGL and federal law will still stand and be in full force.
B. 
This chapter shall be considered a restriction solely on municipal condemnations and have no force in Greenfield Redevelopment Authority, state and federal takings.
C. 
This chapter shall be confined to condemnations for the purpose of economic development and/or tax base expansion, and shall not limit the municipality in the exercise of eminent domain powers for the purposes of building roads, schools, public parks and other recreation centers, municipal administrative buildings, water and sewer facilities, including but not limited to easements, teen centers, senior centers, veteran centers, police facilities, fire prevention and response facilities, public health facilities, libraries, museums, and other public projects with obvious benefit to the municipality as a whole.
Eminent domain powers shall only be used for the purpose of economic development and/or expanding the tax base when all the following circumstances have been met:
A. 
The unemployment rate for Greenfield is in the highest 20% of municipalities in the commonwealth.
B. 
The total equalized property value for Greenfield is in the lowest 20% of municipalities in the commonwealth.
C. 
The property in question has been vacant for a period over two consecutive years.
D. 
The property in question has been deemed a substandard, decayed, or blighted open area either under state law or by the provisions of this chapter.
A. 
Declaring a property substandard, decayed, or a blighted open area shall require a two-thirds vote of the Greenfield Town Council.
B. 
Declaring a property substandard, decayed, or a blighted open area must take place within one year from the original motion or it shall be deemed to fail.
C. 
State recognition of the property as substandard, decayed or blighted under MGL shall be sufficient cause for the Greenfield Town Council to declare the same without following the remaining provisions of § 22-3 of this chapter.
D. 
Upon a motion to declare a property as substandard, decayed or a blighted open area, the Greenfield Town Council or a subcommittee thereof and the Greenfield Planning Board shall each hold a public hearing.
E. 
The Greenfield Planning Board shall have a public hearing no sooner than 30 days from the motion and no later than 90 days.
F. 
The Greenfield Town Council shall have a public hearing no sooner than 30 days and no later than 145 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Public hearings for both shall be posted and advertised in accordance with MGL.
H. 
Owners of affected properties, and abutters, and abutters of abutters shall be notified by certified mail of the public hearings.
I. 
The Town Council shall seek in writing the opinion of the DPW Director, the Public Safety Commission, the Board of Health, the Building Inspector, the Board of Assessors, the Planning Board, the Greenfield Redevelopment Authority, the Marketing and Economic Development Coordinator and the Mayor.
J. 
If a written opinion is not received by the Town Council within 120 days, it may proceed without such opinion.
K. 
If the declaration fails, it may not be considered again for 18 months.
A. 
A declaration that a property is substandard, decayed, or a blighted open area must be reported to the property owner by certified mail within 30 days.
B. 
No condemnation proceedings shall be taken of a property that is substandard, decayed, or a blighted open area for the purpose of economic development and expanding the tax base for one year after the declaration.
C. 
No sooner than 180 days or later than 270 days from the declaration date, the property owner may petition the Town Council for reconsideration in writing, with a progress report and plan for remediation of substandard, decayed, or blighted conditions.
D. 
No condemnation proceedings may begin while such a petition is under consideration.
E. 
The Town Council or a subcommittee thereof shall hold a public hearing in accordance with MGL no sooner than 30 days nor later than 90 days to take comment on the petition.
F. 
The Town Council shall vote on the petition no later than 120 days from the date of receipt.
G. 
A majority vote of the Town Council may move the property from substandard, decayed, or a blighted open area status to a probationary substandard, decayed, or a blighted open area status.
H. 
At any time following the vote to move to substandard, decayed, or a blighted open area probationary status, the Town Council, with a public hearing and by majority vote, may reinstate active status with no further right of reconsideration.
I. 
After five years without vote of the Town Council, the property will lose substandard, decayed, or a blighted open area probationary status and no longer be listed as substandard, decayed, or a blighted open area.
A. 
Condemnation of a property substandard, decayed, or a blighted open area for the purpose of economic development and/or expanding the tax base shall require a two-thirds vote of the Town Council.
B. 
No condemnation proceedings on substandard, decayed, or a blighted open area for the purpose of economic development and/or expanding the tax base shall begin before one year after the initial vote of the Town Council declaring it a substandard, decayed, or a blighted open area.