Payments and Repayments

(1) Zoning Incentive Payments. A Letter of Approval shall entitle a Municipality to receive the Zoning Incentive Payment for a District in accordance with the schedule set out in M.G.L. c. 40R, § 9, subject to appropriations availability; provided that all conditions set forth in a Letter of Approval must be met before a Municipality is entitled to receipt of its Zoning Incentive Payment. (a) Letters of Approval shall remain valid indefinitely, unless otherwise stated in the letter, for purposes of Municipal collection of the Zoning Incentive Payment, subject only to a repeal pursuant to 760 CMR 69.04(4)(f), or payment suspension or revocation pursuant to 760 CMR 69.06(2). (b) EOHLC may in its discretion, for purposes of calculating the Zoning Incentive Payment in the Letter of Approval, treat two or more simultaneously Approved Districts within proximity of each other as a single District, or treat a newly Approved District as an amendment to a nearby existing Approved District. (c) EOHLC may in its discretion, issue the Zoning Incentive Payment in its entirety, or in part, after the Municipality satisfies any applicable conditions identified by EOHLC, and may require as a condition of payment that the Zoning Incentive Payment be used, in whole or in part, to further the Municipality’s compliance with M.G.L. c. 40Y and 760 CMR 69.00. Any such conditions shall be included in the Letter of Approval. (d) Municipalities shall request payment on an application form approved by EOHLC. (2) Production Bonus Payments. Subject to any associated conditions that EOHLC may have imposed as part of its approval of the District, and subject to appropriations availability, upon issuance of a building permit for a Bonus Unit within an Approved District, the Municipality may apply to EOHLC for a one-time Production Bonus Payment of $3,000 for each Bonus Unit. (a) The Municipality shall submit the request for its Production Bonus Payment on an application form approved by EOHLC, and shall provide at a minimum: 1. A certified copy of the building permit(s) for the Project; 2. A site plan that indicates building(s) location and, if available, address(es) within the District; 3. If there are Existing Zoned Units, a calculation of the number of Bonus Units for the Project (i.e., subtracting Existing Zoned Units from the Project's total number of units); 4. If the Project was subject to a Plan Approval decision, a copy of the Plan Approval Authority's decision approving the Project; 5. For Projects required to provide Income-restricted Starter Homes, a copy of a recorded affordable/Income-restricted housing restriction meeting the requirements of M.G.L. c. 184, § 31; and 6. For Projects required to provide Income-restricted Starter Homes, a copy of the approved affirmative fair housing marketing plan applicable to the Bonus Unit(s). (b) Production Bonus Payment Application Review. Provided that the Municipality has submitted all the information required, EOHLC will confirm its approval of an application for payment within 30 days after receipt. (3) Use of Zoning Incentive Payments and Production Bonus Payments. (a) EOHLC may set restrictions on how Zoning Incentive Payments or Production Bonus Payments may be used by Municipalities. Municipalities receiving Zoning Incentive Payments or Production Bonus Payments shall agree in contracts with EOHLC to comply with any funding restrictions set by EOHLC and to provide reporting as required. (b) If Zoning Incentive Payments and Production Bonus Payments are made from Capital Funds, Municipalities receiving such Capital Funds shall utilize such payments only for capital expenditures that would be an eligible use for a capital appropriation under M.G.L. c. 29, and only in accordance with restrictions that may be set by EOHLC.