Mass. General Laws c.40R § 14

Repayment

Updates

• Amended by St.2019, c. 5, § 14, effective March 29, 2019
• Amended by St.2020, c.358, § 45, effective January 14, 2021
• Amended by St.2022, c.268, §§ 87-88, effective November 10, 2022

(a)

If, within 3 years, no construction of an approved project has been started within the smart growth zoning district, the department shall require the cities and towns to repay to the department all monies paid to the city or town under this chapter for said smart growth zoning district. Said 3 years shall commence on the date of the payment of the zoning incentive payment for said smart growth zoning district and may be extended by the department for good cause in accordance with the department's regulations. All monies repaid to the department under this section shall be credited to the funding source from which the payment originated.

(b)

Within 60 days of receiving written approval by the department of an amendment of a zoning ordinance or by-law affecting an approved smart growth zoning district in accordance with subsection (g) of section 6, the city or town shall repay to the department any portion of the zoning incentive payment received in excess of the zoning incentive payment that would have been payable based on the sum of (i) the number of units that have been built and (ii) the number of units, if any, that will remain developable under the smart growth zoning. The department may include under clause (ii) in the preceding sentence any units that are developable in 1 or more adopted smart growth zoning district for which no zoning incentive payment has been paid but for which the city or town is nonetheless eligible if the associated units would have the effect of replacing some or all of the units that will no longer be developable as a result of the proposed amendment or repeal. All monies repaid to the department under this section shall be credited to the funding source from which the payment originated.

Last updated:	November 10, 2022