Amendments

Amendments to a HD Zone, HD Zone Plan or HD Tax Increment Exemption Agreement must be approved by the Department. The incorporation of an approved HD Tax Increment Exemption Agreement into a HD Zone Plan as required by 760 CMR 66.06(2) shall not be considered to be an amendment to a HD Zone Plan. (1) Application for Department Approval. (a) The application for an amendment shall include a detailed description of the changes including: 1. The purpose of each change; 2. The effect of each change on the objectives of the HD Zone Plan and the proposed development and redevelopment activities, public and private, as set forth in the application for the Department's approval of the HD Plan; 3. The effect of each change on HD Projects; 4. Pertinent revisions of the original application for approval of the HD Zone or HD Zone, or to the HD Tax Increment Exemption Agreement, to reflect the changes; and 5. Certification by the Town or City Clerk of the grant of Local Approval pursuant to 760 CMR 66.08(3). (b) If the Department determines that the application for approval of an amendment is not complete, it shall provide the Municipality with opportunity to supplement its application. (2) Material Amendments. Amendments to the HD Zone or HD Zone Plan that change the HD Zone boundaries, other than technical corrections or, in the sole and reasonable judgment of the Department, have a material effect on the objectives of the HD Zone Plan or the proposed development and redevelopment activities, public and private, as set forth in the application for the Department's approval of the HD Plan, shall be considered material amendments. (3) Local Approval. (a) Public Hearing. The Municipality shall hold a public hearing to take comments on Material Amendments. Notice of the hearing shall be given in a newspaper of general circulation in the Municipality in each of two successive weeks, the last publication being at least three days prior to the hearing. (b) All amendments must be approved by the Municipality's legislative body with the concurrence of the chief executive officer, subject to the requirements and standards of the Municipality's charter. (4) Conditional Approval. Municipalities may request the Department to grant a conditional approval of a Material Amendment prior to obtaining the local approval(s) required by 760 CMR 66.08(3). (5) Department Approval. (a) The Department shall approve amendments to HD Zones and HD Zone Plans provided that it determines, in its reasonable and sole discretion, that the proposed changes will not: 1. Have a material and detrimental effect on the objectives of the HD Zone Plan and the proposed development and redevelopment activities, public and private, as set forth in the application for the Department's approval of the HD Plan; or 2. Have a material, detrimental effect on the likelihood that Sponsors will succeed in producing Market Rate Residential Units or on any HD Project. (b) The Department shall approve amendments to HD Tax Increment Exemption Agree­ ments provided that: 1. The amended HD Tax Increment Exemption Agreement remains in compliance with the standards and requirements of M.G.L. c. 40V and 760 CMR 66.00 and 2. The proposed changes would not have altered the Department's decision to award HDTCs to the Sponsor. (c) The Department shall approve or disapprove of amendments within 60 days of receipt of a complete application.