SENATE, No. 2045

By Mr. Barrios, a petition (accompanied by bill, Senate, No. 2045) of Jarrett T. Barrios and Timothy J. Toomey, Jr.(with approval of the mayor and city council) for legislation to establish a project mitigation contribution ("linkage") program for open space and historic preservation in the city of Somerville. Tourism, Arts & Cultural Development. {Local approval received.}

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.

AN ACT ESTABLISHING A PROJECT MITIGATION CONTRIBUTION ("LINKAGE") PROGRAM FOR OPEN SPACE AND HISTORIC PRESERVATION IN THE CITY OF SOMERVILLE

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.

                                    Findings and Purpose. 

Whereas, the City of Somerville is undergoing a period of substantial growth in real estate development and this growth is attracting an increasing number of  workers and residents to a city that is already one of the most densely populated urban areas in the United States; and

Whereas, this growth is having direct and indirect impacts on the city’s open space and recreational facilities and historic buildings and places;  

Now Therefore, the purpose of this Act is to ensure that developers shall contribute a fair share to the direct and indirect impacts of future development on the City of Somerville’s open space and recreational facilities and on the City of Somerville’s historic buildings and places.

SECTION 2.   Establishment of a  Linkage Fee Ordinance for Open Space and Historic Preservation.

(A)              The City of Somerville may, by ordinance, require the payment of a an open space/historic preservation linkage fee for any project that (1) requires zoning relief, including without limitation, a special permit, special permit with site plan review, a variance, and/or site plan approval; and (2) contains a single use or combination of uses exceeding a square foot threshold to be determined from time to time by the Board of Aldermen. The ordinance shall specify the dollar amount of the linkage fee; the method by which it shall be increased from time to time; and the types of uses to which it shall apply.

(B)      The City shall have the authority to create a distinct and separate revolving fund account into which open space/historic preservation linkage fees shall be paid, and no such fee shall be paid to the City’s general treasury or used as general revenues subject to the provisions of section fifty-three of chapter forty-four of the General Laws.  The funds in such revolving fund account shall be administered by the trustees of a municipal open space/historic preservation trust fund established by the Board of Aldermen for the purposes of constructing and maintaining open space and recreational facilities and preservation of historic buildings and places.

SECTION 3.   This Act shall be effective upon passage.