[HISTORY: Adopted by the Town Meeting of
the Town of Belchertown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-1-1999 STM by Art. 5]
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 by this article must:
A.
The Board of Assessors is hereby authorized to negotiate
agreements from the abatement of real estate taxes (hereunder, "abatement
agreements") with owners of eligible properties.
B.
Abatement agreements may allow for reductions in outstanding
taxes, interest and/or penalties.
C.
Abatement agreements shall include, but not be limited
to:
(1)
The amount of outstanding real estate taxes;
(2)
The percent of interest to accrue if determined applicable
by the Town Collector-Treasurer and the property owner;
(3)
The description of quantifiable monthly payments;
(4)
The inception date of monthly payments;
(5)
The date of the final payment;
(6)
The late penalties to be imposed; and
(7)
Any and all other contractual terms as arranged between
the Board of Assessors and the property owner.
D.
All abatement agreements shall be signed by the Chairman
of the Select Board and the property owner, whose signatures shall
be notarized, and attested to by Town Clerk.
E.
Copies of all abatement agreements shall be provided
to the Massachusetts Department of Environmental Protection, the United
States Environmental Protection Agency, the Massachusetts Commissioner
of Revenue, the Select Board and the property owner.
[Adopted 5-13-2019 ATM
by Art. 45]
This chapter is adopted pursuant to and in accordance with MGL
c. 58, § 8C, which was accepted by the Town on May 13, 2019.
This affordable housing tax abatement bylaw is enacted to encourage
the development of affordable housing as defined in MGL c. 60, § 1,
or affordable housing and commercial sites ("qualifying sites").
Qualifying sites that may be the subject of a tax abatement
under this article shall:
A.
Be owned by a new owner ("eligible owner") who is not liable for
any of the outstanding charges secured by the Town's lien; and
Any eligible owner may apply for an abatement under this chapter
by obtaining an application for an affordable housing tax abatement
from the Treasurer's office. Such application may require any information
or documents that the Treasurer deems necessary to process the application.
In accordance with the requirements of MGL c. 58, § 8C,
tax abatements granted under this chapter shall be pursuant to an
agreement as set forth herein.
A.
An Affordable Housing 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 Select Board.
The Committee shall consist of the Assessor, the Treasurer, the Town
Planner, and a member of the Select Board appointed by the Chair of
the Select Board.
B.
Abatement agreements may provide for reductions up to 75% of the
outstanding real estate taxes and up to 100% of the outstanding interest
and/or penalties on the qualifying site.
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)
The number of affordable units;
(8)
Any and all other terms of repayment and any other terms negotiated
by the Committee and the eligible owner and approved by the Select
Board.
D.
Copies of all abatement agreements shall be:
(1)
Signed by the Select Board and the eligible owner, whose signatures
shall be notarized;
(2)
Attested to by the Town Clerk;
(3)
Approved as to compliance with this chapter by the Treasurer;
(4)
Provided to the eligible owner, the Select Board, the Massachusetts
Department of Housing and Community Development, and the Massachusetts
Commissioner of Revenue;
(5)
Maintained in the Treasurer's office and the Assessor's office.
