By Mr. Pacheco, a petition (accompanied by bill,
Senate, No. 149) of Marc R. Pacheco and Susan W. Gifford
for legislation relative to impact fees in a business
development overlay district in the town of Wareham.
Community Development and Small Business. {Local approval |
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. For the purpose of this act, the words and phrases set forth in this section shall have the following meanings:
“Cost of the improvements”, the cost, including labor and materials, estimated in good faith, of constructing improvements subject to the fee set forth in this act.
SECTION 2. In addition to any other fees, taxes, charges and assessments that may be assessed or otherwise due upon the issuance of a building permit, for any use requiring a special permit under the requirements of a business development overlay district (“BD District”) in the town of Wareham as described in the town of Wareham zoning bylaw in Article II, Zoning Districts – Use Regulations, for development of a lot placed in the BD District at the request of the owner (a “BD Lot”), there is hereby imposed the following fee:
2% of the cost of the improvements for which the building permit issues.
The fee shall be the liability of the applicant for the building permit and shall be paid to the tax collector, or his designee, and shall be accompanied by a copy of the building permit application evidencing the cost of improvements and an affidavit signed under oath or the pains and penalties of perjury by the building permit applicant, attesting that the stated cost of the improvements is true and complete.
SECTION 3. Fees collected by the Tax Collector pursuant to section 2 of this act shall be placed in a separate fund to be known as the Wareham Infrastructure Improvement Fund. The town treasurer shall be the custodian of the fund and any interest shall be added to and become part of the fund. Town meeting may appropriate money from the fund, by a majority vote, for the purpose of making infrastructure improvements to mitigate impact of BD uses requiring a special permit within a BD District or, provided and to the extent there has been, is or is reasonably expected to be, a demand for or impact on those improvements from special permit uses of a BD Lot, outside a BD District.
SECTION 4. The purpose of this act is to allow an owner of property who elects to have its property placed within the BD Overlay District to develop its property for the more intensive uses allowed by special permit within the BD Overlay District, while mitigating the proportionate impacts of those uses upon municipal infrastructure.
SECTION 5. This act shall take effect 30 days after its passage.
