By Mr. Linsky of Natick, petition (accompanied by bill, House, No. 171) of David Paul Linsky and others relative to the approval of definitive plans for subdivisions by planning boards in municipalities.  Community Development and Small Business.

The Commonwealth of Massachusetts

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PETITION OF:

David Paul Linsky

William G. Greene, Jr.

J. James Marzilli, Jr.

Susan C. Fargo

Michael E. Festa

James B. Eldridge

Karen E. Spilka

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In the Year Two Thousand and Seven.

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An Act allowing planning boards to receive mitigation funds.

    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. Section 810 of chapter 41 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting after the seventh paragraph the following paragraph:—

A planning board may, in its report approving a definitive plan of a subdivision, include conditions as permitted under the subdivision control law, which conditions may require the payment of monies to perform such conditions.

            Notwithstanding the provisions of sections 53 and 53A of chapter 44, or any other general law or special law to the contrary, the planning board may receive any such monies and deposit same in special accounts or funds, held by the treasurer separate from the city or town’s general fund, and the planning board may spend sums out of such special accounts or funds, to perform or carry out the terms of such conditions, in order to accomplish specific purposes stated in such condition. Interest earned on any such accounts shall accrue to, and be included as part of, the principal.