REGIONAL PLANNING

M.G.L. pt. Part I, tit. Title VII, ch. c. 40B

in effect

M.G.L. c. 40B, § 1 Title of chapter

c. 40B, § 1. Title of chapter Section 1. This chapter shall be designated and may be known as ''The regional planning law''.

M.G.L. c. 40B, § 2 Purpose of chapter

c. 40B, § 2. Purpose of chapter Section 2. The purpose of this chapter is to permit a city or town to plan jointly with cities or towns to promote with the greatest efficiency and economy the co-ordinated and orderly development of the areas within their jurisdiction and the general welfare and prosperity of their citizens.

M.G.L. c. 40B, § 2A Regional or district groupings; consent to placement

c. 40B, § 2A. Regional or district groupings; consent to placement Section 2A. No state agency shall place a city or town individually or severally, within a regional or district grouping without the consent of the governing body of such city or town. The governing body in a town shall be the town meeting and in a city, the city council.

M.G.L. c. 40B, § 3 Planning districts; establishment; new members; jurisdiction area; rights and liabilities

c. 40B, § 3. Planning districts; establishment; new members; jurisdiction area; rights and liabilities Section 3. Any group of cities, towns, or cities and towns may, by vote of their respective city councils or town meetings, vote to become members of and thus establish a planning district, which shall constitute a public body corporate. After a planning district has been thus established, any other city or town within the district area as hereinafter defined may by vote of its city council or town meeting apply for admission. Upon the affirmative vote of two thirds of the representatives of the cities and towns comprising the district, said city or town shall become a member thereof. The area of jurisdiction of said district shall be an area defined or redefined as an effective regional planning region by the Massachusetts office of business development. All rights, privileges and obligations applicable to the original members of the district shall be applicable to the new members.

M.G.L. c. 40B, § 4 District planning commissions; membership; employees; meetings

c. 40B, § 4. District planning commissions; membership; employees; meetings Section 4. In each planning district so established there shall be a district planning commission consisting of one member of the planning board of each city and town voting to join such district, elected annually by said planning board and certified in writing to the district planning commission. Said member may be replaced by a two thirds vote of his planning board before the termination of his annual appointment. In the case of the planning board's failure to elect a delegate in any year the previously named delegate shall continue to serve until his successor is qualified, as long as he shall remain a member of his local planning board. There may be an alternate designee, who may or may not be a planning board member, who shall be a resident of the city or town he represents, appointed annually and certified in writing to the district planning commission by the mayor in a city, confirmed by the council, or in the case of a city with a plan E form of government, appointed annually by the city manager, or in a town by the selectmen or in towns with a manager form of government, by the town manager, who may attend meetings of the district planning commission and who shall assume the rights and duties of the planning board member in his absence. The alternate designee shall be named in writing to the district planning commission annually in order that he may perform the duties and exercise the powers authorized in this section. In a member town which has not established a planning board, the selectmen shall annually appoint a member of the district planning commission. Such district planning commission shall annually elect a chairman, a vice chairman, a treasurer, and a clerk from among its members and alternate designees, and may elect an assistant clerk, from among such members and alternate designees. The treasurer and assistant treasurer shall give the commission a bond, with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of their duties in such sums and upon such conditions as the commission may require. The said commission may employ experts and clerical and other assistants. All meetings of the commission shall be held at the call of the chairman and at such other times as the commission may determine. A quorum of the commission shall consist of at least one fourth of the duly named members or alternate designees. Lack of a quorum shall not prevent the members at an officially called meeting from coming to order, making motions, discussing or passing a motion to continue said meeting to a later time. The commission shall establish rules of procedure for its activities and shall keep a record of its meetings, transactions, resolutions, findings and determinations, all of which shall be public records.

M.G.L. c. 40B, § 4A Executive committees; establishment; membership; powers and duties; reports

c. 40B, § 4A. Executive committees; establishment; membership; powers and duties; reports Section 4A. Upon a two-thirds vote of all of the members of the district planning commission there may be established an executive committee, elected annually from the membership of the commission, and consisting of the chairman, vice chairman, if one is elected annually by the commission, the clerk, the assistant clerk, if one is elected annually, the treasurer and at least one but no more than seven members elected at large from the commission membership annually, so that there shall be an uneven number of members of said committee. Actions taken by said executive committee shall be in the name of and on behalf of the commission. Such actions may include one or more of the following listed functions, but only if authorized by a two-thirds vote of the commission's total membership:—employment of technical staff members, and other professional and clerical assistants; retention of consultants; the disbursement of commission funds based upon a warrant approved by a majority of the executive committee; the borrowing of funds in anticipation of receipt of revenue; applications for federal, state and local aid; the preparation of reviews and comments on proposals of a regional or intercommunity nature, including those referred to the district planning commission under the provisions of Section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, Title IV of the Inter-Governmental Cooperation Act of 1968, and Section 102 of the National Environmental Policy Act of 1969; proposed zoning changes near municipal boundaries of member cities and towns; requests for planning related advice; and the establishment of various technical advisory committees. Said executive committee shall report its actions to the full commission at least quarterly, and its authority to exercise such functions heretofore authorized shall be reconfirmed by a two-thirds vote of all of the members annually. Additional functions may be authorized for the executive committee from time to time. Such additions shall also be by a two-thirds vote of the district planning commission membership. The authority given to the executive committee to act on behalf of the commission may be terminated for any function by a majority vote of the commission members and thirty days' notice to said executive committee.

M.G.L. c. 40B, § 4B Seals authorized

c. 40B, § 4B. Seals authorized Section 4B. Each planning district may have a seal consisting of a circular die bearing the words, ''Commonwealth of Massachusetts, . . . . . . . . . . Regional Planning District, (insert year)'', which seal may be used whenever deemed advisable by the district planning commission on papers and documents issued or executed by the commission or by any officer or employee designated by the commission.

M.G.L. c. 40B, § 4C Federal military installations within districts; commanding officer as ex officio member of commission

c. 40B, § 4C. Federal military installations within districts; commanding officer as ex officio member of commission Section 4C. Whenever there is located, wholly or partially, within a planning district established hereunder, a federal military installation having a resident population of at least five hundred persons according to the most recent available federal decennial census, the district planning commission may vote to offer to the commanding officer of said federal military installation the privilege of membership for himself or his designee. Upon acceptance by the commanding officer of this offer, he shall be deemed a member ex officio of the district planning commission, and shall assume the same rights and duties as other commission members, except that this ex officio membership shall not continue except by an annual affirmative vote of the majority of the commission.

M.G.L. c. 40B, § 5 Powers and duties; reports

c. 40B, § 5. Powers and duties; reports Section 5. A planning commission established hereunder shall make careful studies of the resources, problems, possibilities and needs of its district and, on the basis of such studies, shall prepare a comprehensive plan of development or a schematic study plan of such district or of such part or parts thereof as the commission may deem necessary and in such plans shall make such recommendations for the physical, social, governmental or economic improvement of the district as in their opinion will be in the best interest of the inhabitants of the district. Such plans and recommendations shall concern, among other things, the general use of the district, including land use, principal highways and expressways, bridges, airports, public utilities, public facilities, parks, recreational areas, public institutions and such other matters as in the opinion of said commission will be beneficial to the district and will promote with the greatest efficiency and economy the coordinated development of the district and the general welfare and prosperity of its people. Before the adoption of any such regional plan or a portion thereof, the district planning commission shall hold at least one public hearing thereon, notice of the time, place and subject of which shall be given. Written notice of such hearing shall be given to each planning board, board of selectmen, and city council. Notice of the time, place and subject of the hearing shall be published at least once in a newspaper having substantial circulation in the region at least ten days before such hearing. Adoption of such plan or portion thereof shall be by a majority vote of the representatives of the district planning commission. Such plan may be amended from time to time in the same manner as hereinbefore provided. A copy of the plan adopted by the commission or any amendments thereto signed by the chairman shall be filed with the town clerk of each member municipality not more than thirty days after commission action. Such plan or portion of a plan shall be a public record. Such district planning commission shall also assist the planning boards of the several cities and towns within the area of its jurisdiction in applying any district plans and recommendations so adopted to the local board's area of jurisdiction. Such planning commission shall report annually to the city councils and town meetings of the cities and towns within its district, showing the status of its plans and recommendations. Such plans and recommendations shall be advisory only.

M.G.L. c. 40B, § 5A Agreement for water favorability studies

c. 40B, § 5A. Agreement for water favorability studies Section 5A. Such commission may enter into an agreement with the water resources commission for the purpose of conducting water favorability studies under the direction of the water resources commission, as authorized by section nine of chapter twenty-one. The district's share of the cost of such studies shall be assessed against the constituent cities and towns in accordance with the provisions of section seven of this chapter.

M.G.L. c. 40B, § 5B Economic development regional commissions; authorization to act

c. 40B, § 5B. Economic development regional commissions; authorization to act Section 5B. A district planning commission may, by an affirmative vote of two thirds of the representatives of the cities and towns comprising the district, agree to act as, and to assume the duties, obligations, and responsibilities of, an economic development regional commission for as many of the cities and towns within its area of jurisdiction as it may deem proper and logical, subject to the availability of funds for such purpose; provided, however, that said cities and towns shall be eligible for designation as an economic development region, hereinafter called the region, in accordance with the provisions of the Public Works and Economic Development Act of 1965. Additional eligible cities and towns may be added to or deleted from the region by an affirmative vote of two thirds of the representatives of the cities and towns comprising the district. The district planning commission members and alternate designees of the cities and towns comprising the region shall constitute the economic development regional commission. In addition, such technical and advisory committees as are necessary and required by the Public Works and Economic Development Act of 1965 may be appointed in accordance with the provisions of said Act for the purpose of providing advice and guidance to the region. The economic development regional commission may prepare economic development programs which shall be public records and may be changed or supplemented from time to time by a majority vote of the representatives of the cities and towns comprising the region. Said regional commission may conduct feasibility and implementation studies for public facilities and programs and develop public and private development projects which are consistent with and which aid in implementing the objectives of said commission. Said regional commission may advertise and otherwise promote the implementation of its plans and recommendations for the economic and industrial development of the region and may sponsor conferences, institutes, seminars and training programs on behalf of the region.

M.G.L. c. 40B, § 6 Cooperation of state agencies with planning commissions

c. 40B, § 6. Cooperation of state agencies with planning commissions Section 6. The several officers, boards, commissions, departments and divisions of the commonwealth and city and town officials may consult with any such district planning commission and shall furnish or make available to it on request all data and information within their knowledge and control pertaining to the area of jurisdiction of such commission.

M.G.L. c. 40B, § 7 Preparation of budget; apportionment of costs; disbursement of funds; receipt of gifts; contracts for planning studies and services

c. 40B, § 7. Preparation of budget; apportionment of costs; disbursement of funds; receipt of gifts; contracts for planning studies and services Section 7. Said commission shall, annually in the month of February, estimate the amount of money required to pay the costs and expenses of the district for the following fiscal year, shall fix and determine the proportion of such costs and expenses to be paid by the constituent cities and towns thereof during such fiscal year which, however, shall not exceed any per capita limit established by the vote of two-thirds of the city councils and town meetings of member cities and towns, and shall certify the amount so determined for each city and town to the assessors thereof who shall include the sum in the tax levy of such fiscal year, provided that the per capita limit of any new member municipality shall not be less than the per capita cost to the member municipalities in the district at the time the new member joined the district. Such apportioned cost shall be on a per capita basis in direct proportion to the population of the city or town and the planning district as they appear in the most recent national census, exclusive of the inmates of county, state or federal institutions, and exclusive of the resident population of federal military installations to which the privilege of ex officio membership has been extended as provided in section four C; provided, however, that the national census or the annual national census estimate, whichever is the most recent, shall be used in any planning district in which the governing body of each city and town comprising such planning district accepts the provisions of this proviso. Upon order of the commission, the treasurer of each constituent municipality thereof shall, from time to time, subject to the provisions of section fifty-two and section fifty-six of chapter forty-one, pay to the district treasurer sums not exceeding the amount certified by the commission as the city's or town's share of the costs and expenses of the district. The commission is authorized to determine the amount of payment to be made to the district during the first year of membership of a new city or town in its respective district, but such payment shall not exceed any aforementioned per capita limits. Any such district planning commission established under the authority of this chapter is authorized to receive for its own uses and purposes any funds or moneys from any source, including grants, bequests, gifts or contributions made by the federal, state or municipal governments or by any individual, corporation or association. Any such district planning commission may contract with the federal or state government, or a city or town within such district, or with another district planning commission or planning council for the performance of planning studies and services within the limits of funds available to the district planning commission for such purposes. The treasurer of the district planning commission or, in his absence, the assistant treasurer shall disburse the moneys so received upon an order approved by the chairman of the commission when so authorized by a majority vote of said commission.

M.G.L. c. 40B, § 8 Borrowing in anticipation of revenue from member municipalities

c. 40B, § 8. Borrowing in anticipation of revenue from member municipalities Section 8. The district may authorize debt by a majority vote of the commission in anticipation of revenue to an amount not in excess of that to be received during the current fiscal year from member cities and towns. Notes issued under authority of this section shall be in the name of and upon the full faith and credit of the district, and said notes shall be signed by the treasurer of the district, and the chairman of the district planning commission shall countersign and approve them in the presence of the clerk of the district who shall certify to the fact on the face thereof. Such notes shall be payable, and shall be paid not later than one year from their dates, and shall not be renewed or paid by the issue of new notes, except as provided in section seventeen of chapter forty-four.

M.G.L. c. 40B, § 9 Southeastern regional planning and economic development district; establishment

c. 40B, § 9. Southeastern regional planning and economic development district; establishment Section 9. The secretary of economic development may establish a regional planning and economic development district consisting of all the cities and towns in the Southeastern Massachusetts Regional Planning District established under this chapter, and the towns of Plymouth, Plympton, Carver and Kingston, to be known as the Southeastern Regional Planning and Economic Development District, provided a determination is made by the United States Secretary of Commerce that said area is eligible for designation as an economic development district in accordance with the provisions of the Public Works and Economic Development Act of 1965.

M.G.L. c. 40B, § 10 Membership; termination

c. 40B, § 10. Membership; termination Section 10. Upon the designation of the regional planning and economic development district by the secretary of economic development, all cities and towns within the boundaries of the district shall become members of the district. The secretary of economic development may from time to time review the boundaries of the district so established and, if he deems it in the best interest of the district, he may with approval of a majority of the members of the regional planning and economic development commission include additional cities and towns, or he may exclude cities and towns from said district; provided, however, that prior to such increase or decrease in the membership of the district, the secretary of economic development shall consult with the mayor of a city, or the city manager in a city having a Plan D or Plan E form of government, or the selectmen of a town to be included or excluded from such district. The city or town may, after it has been a member of a regional planning and economic development district for a period of not less than five consecutive calendar years, terminate its membership in the district by a two thirds vote of the city council or by vote of a town meeting or town in favor of terminating such membership. Said termination shall become effective at the end of the calendar year within which said termination is voted.

M.G.L. c. 40B, § 11 Dissolution of regional planning districts; transitional provisions; procedure

c. 40B, § 11. Dissolution of regional planning districts; transitional provisions; procedure Section 11. If the district boundary of the regional planning and economic development district established in accordance with section nine includes a majority of cities and towns organized as a regional planning district pursuant to this chapter, said regional planning district shall be dissolved upon the organization of a regional planning and economic development district. When the Southeastern Massachusetts Regional Planning District is dissolved and a successor district is established in accordance with the provisions of section nine, the jurisdiction and responsibility of said Southeastern Massachusetts Regional Planning District shall be transferred to the successor district and commission and all records, reports, studies, documents, plans and property including all assets and liabilities of said district or commission shall be transferred forthwith to the custody, control and responsibility of the regional planning and economic development commission. Upon the effective date of any such dissolution, all of the permanent or temporary employees of such district or commission shall be transferred to the regional planning and economic development district without impairment of retirement rights and without reduction in compensation or salary grade; provided, however, that nothing in this section shall be construed to confer upon any employee any tenure of office or employment or any rights not held prior to such transfer. The adopted plans and policies of said district so dissolved pertaining to regional planning considerations shall be deemed to be and shall continue to have full force and effect until modified by the commission of the successor district. No such dissolution of a previously established district and no establishment of a district in accordance with section nine shall become effective except in compliance with the following procedure: upon receipt of notification from the director of economic development that he intends to establish a district in accordance with section nine, the city manager in a city having a city manager and the mayor in any other city, the board of selectmen, and the planning board of each city and town therein shall not later than twenty days from the date of notification appoint or designate the respective commission members to serve in the interim period until March thirty-first next, provided, however, that in the case of a planning board which had previously appointed a member of a regional planning commission established in accordance with this chapter, each such planning board shall appoint the same member to the commission established in accordance with section nine for said interim period if said member is willing to accept said appointment, but shall otherwise appoint in accordance with this section. The commission members so designated shall not later than thirty-five days from the date of said notification, elect officers in accordance with section fifteen. Upon receipt of notification from the commission so established, that there has been compliance with the foregoing procedures, the secretary of economic development shall forthwith notify the state secretary who shall issue a certificate of organization to said district which shall be conclusive evidence of the establishment and organization of said district, and, the secretary of economic development shall forthwith dissolve the previously established regional planning district.

M.G.L. c. 40B, § 12 Commission; membership; appointment; term

c. 40B, § 12. Commission; membership; appointment; term Section 12. In the regional planning and economic development district established pursuant to section nine, there shall be a regional planning and economic development commission which shall consist of the mayor of each city, or in a city that has a Plan D or Plan E form of government the city manager, or their designees, a member appointed by the board of selectmen of each town included within said district who need not be a member of the board of selectmen, a member appointed by the planning board of each such city or town who need not be a member of the planning board. Each member shall be appointed for a term of one year commencing June first of the year appointed to May thirty-first of the succeeding year, and the appointment or reappointment of each member shall be certified annually to the commission by the appointing authority in the month of May. Notwithstanding any of the foregoing provisions, the commission may increase its membership by not more than six in order to provide representation to low-income and minority groups.

M.G.L. c. 40B, § 13 Advisory committee; membership; appointment; term; removal; vacancies

c. 40B, § 13. Advisory committee; membership; appointment; term; removal; vacancies Section 13. Twenty-one persons residing within the district shall be appointed to an advisory committee for the purpose of providing advice and guidance to said commission and said persons shall be representative of business, labor, professional and civic organizations and other economic interests within the district. Nine members shall be appointed by the secretary of economic development with the approval of the governor, and twelve members shall be appointed by the commission. Of the initial appointees of the secretary of economic development, three shall be appointed for a term of one year, three for a term of two years and three for a term of three years. Of the initial appointees of said commission, four shall be appointed for a term of one year, four for a term of two years and four for a term of three years. Upon the expiration of a term of a member of the advisory committee or upon written resignation, his successor shall be appointed in like manner for a term of three years, or for the balance of the unexpired term. A member may be removed and a vacancy declared by majority vote of the advisory committee at a regular meeting thereof, consequent upon three consecutive absences from regular advisory committee meetings, and his successor shall be appointed in like manner as the original appointment for the balance of the unexpired term. Each member of said advisory committee shall continue to serve as such until his successor is appointed and qualified. The commission shall, in its by-laws, provide appropriate procedures for the referral of problems, issues and policies for deliberation by the advisory committee.

M.G.L. c. 40B, § 14 Powers and duties

c. 40B, § 14. Powers and duties Section 14. The regional planning and economic development district established under the provisions of section nine shall have the following powers and duties: (a) to adopt a corporate seal; (b) to sue and be sued, but only to the same extent and upon the same conditions that a town may sue or be sued; (c) to rent, lease or otherwise to acquire quarters for the housing of the commission and the staff thereof; (d) to receive and disburse funds from any public or private sources for any district purposes. In addition to the foregoing, the district, acting through the commission or any committees thereof, shall have the following additional powers and duties; (e) to conduct studies of the resources, problems and needs of the district, and, on the basis of such studies, to prepare and, from time to time, revise both comprehensive regional plans and comprehensive economic development programs for the district and for such part or parts thereof as the commission may deem advisable, including recommendations for the physical, social and economic improvement of the district. Such plans and recommendations shall be adopted and may be changed or supplemented from time to time by a majority vote of the commission and shall be a public record; and to conduct feasibility and implementation studies for public facilities and programs and for public and private development projects which are consistent with and which would tend to implement the objectives and recommendations of the commission; (f) to conduct research, surveys, analyses and compile such data, maps, charts and tables and other pertinent or necessary information for the purpose of formulating regional and subregional goals, objectives, policies, plans and programs and for project proposals related to the comprehensive physical, social and economic development and redevelopment of the resources and facilities of the district and its subdistricts; (g) to cooperate with and to assist each city and town in the district to coordinate its planning and economic development activities with the district so as to obtain maximum benefits for the district and for each city and town from such activities; (h) to cooperate with and to assist agencies of the commonwealth and the United States government in fulfilling the purposes and objectives of the district; (i) to recommend appropriate action by public and private organizations and agencies to implement the recommendations prepared by the commission; (j) to provide technical advice, assistance and guidance to cities and towns, to other public agencies and to development organizations and to private businesses in the district in implementing the objectives and recommendations of the commission, in undertaking planning and economic development programs, and in making application for federal financial assistance; (k) to compile and maintain a system for the collection and dissemination of information and statistics relevant to the district, and to make such information available to public agencies and to private organizations and individuals engaged in activities which tend to implement the objectives and recommendations of the commission; (l) to approve or disapprove by majority vote such plans for the development and redevelopment of the district or parts thereof, as may be laid before it. The approval or disapproval of any such plan or any such recommendation of the commission shall be advisory only; provided, however, that the commission shall have the power to exercise such approval or disapproval as a regional or metropolitan planning or development agency acting pursuant to the requirements of any publicly aided program applicable to the district or to any part thereof; (m) to advertise and otherwise to promote the implementation of the plans and recommendations of the commission and the economic and industrial development of the district; (n) to sponsor conferences, institutes, seminars and training programs on behalf of the district and the cities and towns therein for the purpose of developing the capabilities of commission members, commission staff, other public officials and employees and development organizations, to assist in preparing and implementing the plans and recommendations of the commission; (o) to undertake comprehensive and special planning and economic development programs and projects for any part or parts of the district, and, for such purpose to assist intermunicipal cooperation and to delineate, establish and administer subregional district organizations as administrative subdivisions of the district and commission. Except as otherwise prohibited by law said district and commission is further authorized to act as and to assume the duties, obligations and responsibilities of an economic development district designated pursuant to the Public Works and Economic Development Act of 1965. The commission shall report annually on or before February first to the city councils and town meetings of the cities and towns in the district as to the plans and recommendations of the commission and the status thereof. The commission shall make and publish such reports as the commission shall deem appropriate for the purpose of accomplishing, promoting and explaining the objectives and recommendations of the district. Said district may not authorize debt in anticipation of revenue to be received by the district unless the regional planning and economic development commission of said district so votes in accordance with section eight.

M.G.L. c. 40B, § 15 Executive officers; committees; meetings; rules and records; expenses

c. 40B, § 15. Executive officers; committees; meetings; rules and records; expenses Section 15. The commission shall elect annually at its meeting held in the month of June by and from its members a chairman, a vice-chairman, a secretary and a treasurer, each of whom shall hold office until his successor is elected and qualified. The commission shall from time to time fill any vacancy in such an office for the unexpired term thereof. The immediate past chairman shall be an officer ex-officio. The commission may also elect an assistant treasurer who may exercise all the powers and duties of the treasurer in the absence of the treasurer. The commission shall meet during the months of February, April, June and October and at such other times as the commission shall determine. The commission shall establish rules of procedure for its activities and the activities of all committees, and shall keep a complete and accurate record of the substance of its meetings, transactions, resolutions, findings and determinations, all of which shall be a public record. The executive director, treasurer and assistant treasurer shall give the commission a bond, with a surety company authorized to transact business in the commonwealth as surety for the faithful performance of their duties in such sum and upon such conditions as the commission may require. There may be an executive committee, elected annually, consisting of (1) the officers of the commission, who shall serve as the officers of the executive committee, (2) four members of the commission who shall be elected by a majority vote of the commission and who shall be selectmen or designees of selectmen, (3) four members of the commission who shall be elected by a majority vote of the commission and who shall be representatives of the planning boards, and (4) the mayor or city manager or his designee of each city serving as a member of the commission; provided, however, that each redevelopment area within the district as designated by the Secretary of Commerce of the United States pursuant to the Public Works and Economic Development Act of 1965, shall be entitled to have at least one member on the executive committee among the members who are either mayors or their designees or the selectmen or their appointees. The commission may appoint from among its members such other special and standing committees as it shall deem necessary and all such committees shall exercise such powers, discharge such responsibilities, and perform such duties as the commission may delegate thereto by vote or by its by-laws. The commission, at its discretion, may appoint additional persons to any such committee from outside the membership of the commission; provided, that in no case shall the number of such additional persons exceed two thirds of the number of commission members on such standing and special committees, and if the application of the two-thirds percentage results in a fractional number, in order to facilitate such appointment the number of such additional persons on said committees may be the next highest digit. The members of the commission shall serve without compensation, but the officers shall receive payment for necessary expenses, including travel incurred in the performance of their duties. The commission shall establish such technical advisory committees as may be needed to assist the executive director in planning and developing the programs and projects of the commission. The commission, at its discretion, may appoint additional persons to any committee from outside the membership of the commission. The chairman, commissioner or head of any state, county or municipal agency, and any public authority operating within the district if permitted by its trust indentures to do so, shall delegate one or more well qualified representatives from the agency or authority to serve on any of the said technical advisory committees when so requested by the commission.

M.G.L. c. 40B, § 16 Executive director; employees; tenure; compensation

c. 40B, § 16. Executive director; employees; tenure; compensation Section 16. The commission shall employ, and may remove, an executive director, who shall be qualified by education, training and experience in economic development, regional and program planning, and community relations. The executive director, on behalf of and with the approval of the commission, shall employ and appoint all other employees of the commission, including temporary or part-time personnel. The executive director and other employees of the commission shall not be subject to chapter thirty-one nor to section nine A of chapter thirty. The commission shall determine and establish the compensation and other terms, conditions and benefits of employment for all employees of the commission.

M.G.L. c. 40B, § 17 Contracts; expenditures and obligations

c. 40B, § 17. Contracts; expenditures and obligations Section 17. The commission is authorized to enter into contracts and agreements with any department, agency or subdivision of federal or state government and any individual, corporation, association or public authority to provide or to receive services, facilities, staff assistance or money payments in connection with the work of the commission, and the commission may contribute or receive services, facilities, staff assistance or money payments as consideration in such contracts or agreements. The commission shall approve all contracts which shall be signed by the chairman and treasurer. The commission may make expenditures and incur obligations for services and other expenses, subject to the following conditions and limitations: The commission may expend such amounts in addition to its annual assessment upon the cities and towns in the district as the commission may receive under any federal or state law, or by gift, grant, contract or agreement from any source, including grants, bequests, gifts or contributions made by any individual, corporation, association, public authority or department, agency or subdivision of the federal or state government.

M.G.L. c. 40B, § 18 Estimate of costs; fiscal year; assessment; limitation; payment; reserve funds; audit

c. 40B, § 18. Estimate of costs; fiscal year; assessment; limitation; payment; reserve funds; audit Section 18. The commission so established shall not later than fifty days from the issuance of a certificate of organization by the state secretary prepare an estimate of the amount of money required to pay the costs and expenses of the district for the current fiscal year and, in the case of the district being dissolved for the purpose of organizing a district in accordance with section nine, the costs and expenses of said predecessor district incurred during the current fiscal year for which funds are not otherwise available, and, after first subtracting from such estimate of costs the amount of unexpended monies in the custody of the commission which were previously received by the predecessor district from member cities and towns for the expenses of the current fiscal year, the commission shall apportion, assess and certify for payment the amount so determined in accordance with this section. Each city and town treasurer shall not later than thirty days from the receipt of said certification pay the amount so apportioned and certified from any monies available in the treasury of each such city or town, and the board of assessors of each such city or town shall include said amount in the assessment for the annual tax levy if such tax levy has not been assessed, but otherwise shall include said amount in the next annual tax levy in addition to any amount to be raised for the purposes of the commission for the next fiscal year in accordance with this section. The commission shall operate on a fiscal year beginning with July first and ending with the following June thirtieth. The commission shall, annually in the month of October, estimate the amount of money required to be assessed upon the cities and towns in the district necessary to pay the cost and expenses of the district for the following fiscal year. The amount so determined for the district shall not exceed a sum equivalent to thirty cents per capita of the population of the district or fifty thousand dollars, whichever is the greatest amount; and said amount shall be apportioned and assessed upon each city and town in the district in the proportion which the population of each such city or town bears to the total population of the district, provided, however, that the population of the district and of each city and town shall be the population as determined by the most recent national decennial census exclusive of the population in any county, state or federal institutions otherwise included in such census. The amounts so apportioned for each city and town shall, prior to December thirty-first of each year, be certified by the district treasurer to the treasurers of each city and town within the district. Each city and town treasurer shall pay the amount so apportioned by the district treasurer not later than July tenth of the fiscal year for which the apportionment is made, and shall make such payment from any monies available in the treasury of each such city or town. The district treasurer shall submit a duplicate copy of the aforementioned certification to the board of assessors of each city and town, and each such board of assessors shall include said amounts in the assessment for the annual tax levy according to the procedures specified in section twenty-one of chapter fifty-nine; provided, however, that if the annual tax levy is determined by any such board of assessors prior to receiving a copy of said certification, the board of assessors shall include as money to be raised in the tax levy an amount equal to twenty cents per capita of the population of the city or town as determined aforesaid, and, if said amount is less than the amount actually certified by the district treasurer, the difference shall be included as money to be raised in the next annual tax levy. Payments for the expenses of the district shall be made by the treasurer or assistant treasurer only upon a warrant for such payment approved by a majority of the commission or, if so delegated, by a majority of the executive committee or by a majority of such other committee as the commission may delegate by its by-laws to exercise such approval. Said regional planning and economic development district may accumulate reserve funds for, but not limited to, the purposes of funding the purchase and replacement of capital equipment and participating in state and federal programs, provided, that such accumulated reserve funds may not exceed the estimated proportion of the district commission's costs and expenses to be paid by the member cities and towns during the next fiscal year. The director of accounts in the department of corporations and taxation shall annually cause an audit to be made of the accounts of the commission. A report thereon shall be made to the chairman of the commission and a copy thereof shall be sent in a city having a city manager to said city manager and in all other cities to the mayor, the board of selectmen of each town and to each planning board in the district.

M.G.L. c. 40B, § 19 Data exchange between agencies

c. 40B, § 19. Data exchange between agencies Section 19. There shall be a mutual exchange between the commission and all agencies of the commonwealth and of each political subdivision thereof within the district, of data, records, and information within their knowledge and control pertaining to the district, or to parts thereof which may be required for the preparation of programs designed to achieve the purposes of this chapter.

M.G.L. c. 40B, § 20 Definitions

c. 40B, § 20. Definitions Section 20. The following words, wherever used in this section and in sections twenty-one to twenty-three, inclusive, shall, unless a different meaning clearly appears from the context, have the following meanings:— ''Low or moderate income housing'', any housing subsidized by the federal or state government under any program to assist the construction of low or moderate income housing as defined in the applicable federal or state statute, whether built or operated by any public agency or any nonprofit or limited dividend organization. ''Uneconomic'', any condition brought about by any single factor or combination of factors to the extent that it makes it impossible for a public agency or nonprofit organization to proceed in building or operating low or moderate income housing without financial loss, or for a limited dividend organization to proceed and still realize a reasonable return in building or operating such housing within the limitations set by the subsidizing agency of government on the size or character of the development or on the amount or nature of the subsidy or on the tenants, rentals and income permissible, and without substantially changing the rent levels and units sizes proposed by the public, nonprofit or limited dividend organizations. ''Consistent with local needs'', requirements and regulations shall be considered consistent with local needs if they are reasonable in view of the regional need for low and moderate income housing considered with the number of low income persons in the city or town affected and the need to protect the health or safety of the occupants of the proposed housing or of the residents of the city or town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if such requirements and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Requirements or regulations shall be consistent with local needs when imposed by a board of zoning appeals after comprehensive hearing in a city or town where (1) low or moderate income housing exists which is in excess of ten per cent of the housing units reported in the latest federal decennial census of the city or town or on sites comprising one and one half per cent or more of the total land area zoned for residential, commercial or industrial use or (2) the application before the board would result in the commencement of construction of such housing on sites comprising more than three tenths of one per cent of such land area or ten acres, whichever is larger, in any one calendar year; provided, however, that land area owned by the United States, the commonwealth or any political subdivision thereof, or any public authority shall be excluded from the total land area referred to above when making such determination of consistency with local needs. ''Local Board'', any town or city board of survey, board of health, board of subdivision control appeals, planning board, building inspector or the officer or board having supervision of the construction of buildings or the power of enforcing municipal building laws, or city council or board of selectmen.

M.G.L. c. 40B, § 21 Low or moderate income housing; applications for approval of proposed construction; hearing; appeal

c. 40B, § 21. Low or moderate income housing; applications for approval of proposed construction; hearing; appeal Section 21. Any public agency or limited dividend or nonprofit organization proposing to build low or moderate income housing may submit to the board of appeals, established under section twelve of chapter forty A, a single application to build such housing in lieu of separate applications to the applicable local boards. The board of appeals shall forthwith notify each such local board, as applicable, of the filing of such application by sending a copy thereof to such local boards for their recommendations and shall, within thirty days of the receipt of such application, hold a public hearing on the same. The board of appeals shall request the appearance at said hearing of such representatives of said local boards as are deemed necessary or helpful in making its decision upon such application and shall have the same power to issue permits or approvals as any local board or official who would otherwise act with respect to such application, including but not limited to the power to attach to said permit or approval conditions and requirements with respect to height, site plan, size or shape, or building materials as are consistent with the terms of this section. The board of appeals, in making its decision on said application, shall take into consideration the recommendations of the local boards and shall have the authority to use the testimony of consultants. The board of appeals shall adopt rules, not inconsistent with the purposes of this chapter, for the conduct of its business pursuant to this chapter and shall file a copy of said rules with the city or town clerk. The provisions of section eleven of chapter forty A shall apply to all such hearings. The board of appeals shall render a decision, based upon a majority vote of said board, within forty days after the termination of the public hearing and, if favorable to the applicant, shall forthwith issue a comprehensive permit or approval. If said hearing is not convened or a decision is not rendered within the time allowed, unless the time has been extended by mutual agreement between the board and the applicant, the application shall be deemed to have been allowed and the comprehensive permit or approval shall forthwith issue. Any person aggrieved by the issuance of a comprehensive permit or approval may appeal to the court as provided in section seventeen of chapter forty A.

M.G.L. c. 40B, § 22 Appeal to housing appeals committee; procedure; judicial review

c. 40B, § 22. Appeal to housing appeals committee; procedure; judicial review Section 22. Whenever an application filed under the provisions of section twenty-one is denied, or is granted with such conditions and requirements as to make the building or operation of such housing uneconomic, the applicant shall have the right to appeal to the housing appeals committee in the executive office of housing and livable communities for a review of the same. Such appeal shall be taken within twenty days after the date of the notice of the decision by the board of appeals by filing with said committee a statement of the prior proceedings and the reasons upon which the appeal is based. The committee shall forthwith notify the board of appeals of the filing of such petition for review and the latter shall, within ten days of the receipt of such notice, transmit a copy of its decision and the reasons therefor to the committee. Such appeal shall be heard by the committee within twenty days after receipt of the applicant's statement. A stenographic record of the proceedings shall be kept and the committee shall render a written decision, based upon a majority vote, stating its findings of fact, its conclusions and the reasons therefor within thirty days after the termination of the hearing, unless such time shall have been extended by mutual agreement between the committee and the applicant; provided, however, that the committee shall provide notice to the secretary of any such extension or other failure to perform action by the deadlines set forth in this section and the reason for such delay; provided further, that the secretary shall annually, not later than November 1, submit to the governor and the joint committee on housing a summary of such delays including, but not limited to: (i) any deadlines missed pursuant to this section for each applicable appeal; (ii) the reason for any such delay; (iii) the total number of days, from the date of the committee's receipt of the applicant's statement of the prior proceedings, in which the committee ultimately issued a written decision or, if such appeal is in progress at the time the report is submitted, the projected number of days beyond the deadlines listed herein as may be necessary for the committee to issue a decision; and (iv) the board that issued the denial or conditions and requirements being appealed by the applicant. Such decision may be reviewed in the superior court in accordance with the provisions of chapter thirty A.

M.G.L. c. 40B, § 23 Hearing by housing appeals committee; issues; powers of disposition; orders; enforcement

c. 40B, § 23. Hearing by housing appeals committee; issues; powers of disposition; orders; enforcement Section 23. The hearing by the housing appeals committee in the executive office of housing and livable communities shall be limited to the issue of whether, in the case of the denial of an application, the decision of the board of appeals was reasonable and consistent with local needs and, in the case of an approval of an application with conditions and requirements imposed, whether such conditions and requirements make the construction or operation of such housing uneconomic and whether they are consistent with local needs. If the committee finds, in the case of a denial, that the decision of the board of appeals was unreasonable and not consistent with local needs, it shall vacate such decision and shall direct the board to issue a comprehensive permit or approval to the applicant. If the committee finds, in the case of an approval with conditions and requirements imposed, that the decision of the board makes the building or operation of such housing uneconomic and is not consistent with local needs, it shall order such board to modify or remove any such condition or requirement so as to make the proposal no longer uneconomic and to issue any necessary permit or approval; provided, however, that the committee shall not issue any order that would permit the building or operation of such housing in accordance with standards less safe than the applicable building and site plan requirements of the federal Housing Administration or the Massachusetts Housing Finance Agency, whichever agency is financially assisting such housing. Decisions or conditions and requirements imposed by a board of appeals that are consistent with local needs shall not be vacated, modified or removed by the committee notwithstanding that such decisions or conditions and requirements have the effect of making the applicant's proposal uneconomic. The housing appeals committee or the petitioner shall have the power to enforce the orders of the committee at law or in equity in the superior court. The board of appeals shall carry out the order of the hearing appeals committee within thirty days of its entry and, upon failure to do so, the order of said committee shall, for all purposes, be deemed to be the action of said board, unless the petitioner consents to a different decision or order by such board.

M.G.L. c. 40B, § 24 Metropolitan area planning council; composition; appointments; vacancies

c. 40B, § 24. Metropolitan area planning council; composition; appointments; vacancies Section 24. There shall be a metropolitan area planning council, in this section and in sections twenty-five to twenty-nine, inclusive, called the council. Said council shall consist of one representative from each city and town of the metropolitan area planning district who shall be appointed by the mayor or, if the city has a manager, by the city manager, and in the case of a town, by the board of selectmen or, if the town has a manager, by the town manager, twenty-one persons to be appointed by the governor of which number there shall be sufficient representation of minority and low-income groups so as to substantially represent their viewpoints in the area to be served by the council; and the following officers or their respective designees who shall be members ex officiis: — the chairman of the Massachusetts Bay Transportation Authority, the chairman of the Massachusetts Port Authority, the chairman of the Massachusetts Department of Transportation, the commissioner of the department of conservation and recreation, the chairman of the board of directors of the Massachusetts Water Resources Authority, the commissioner of highways, the secretary of economic development, secretary of housing and livable communities, the commissioner of environmental protection, the chairman of the Boston Redevelopment Authority, the commissioner of public works of the city of Boston and the executive director of the Boston Water and Sewer Commission. The municipal appointing authority of any city or town may designate an alternate representative to serve coterminously with the representative appointed under this section. Upon the expiration of the term of any appointed or alternate member, his successor shall be appointed in like manner for a term of three years. The appropriate appointing authority shall fill any vacancy for the remainder of the unexpired term.

M.G.L. c. 40B, § 25 Council; officers; meetings; rules of procedure; report; treasurer's bond; powers and duties

c. 40B, § 25. Council; officers; meetings; rules of procedure; report; treasurer's bond; powers and duties Section 25. The council shall elect annually by and from its members a president, vice-president, secretary and a treasurer, each of whom shall hold his office until his successor is elected and qualified. Election of said officers shall be held annually in the month of May, and the officers elected shall commence their terms on the fourth Wednesday of May. The council shall meet three times a year at the call of the president and at such other times as the council may determine. It shall establish rules of procedure for its activities and the activities of the executive committee and shall keep a record of its meetings, transactions, resolutions, findings and determinations, all of which shall be a public record. The council shall make an annual report to the general court. The treasurer shall give the council a bond, with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of his duties in such sum and upon such conditions as the council may require. The council shall maintain the fullest cooperation with cities and towns in the district and shall render them all possible assistance in their planning activities, especially when two or more of the municipalities have common problems. The council shall have and exercise the same powers and duties of the regional planning and economic development district as set forth in section fourteen.

M.G.L. c. 40B, § 26 Establishment; composition

c. 40B, § 26. Establishment; composition Section 26. There is hereby established a metropolitan area planning district, in this section and sections twenty-seven to twenty-nine, inclusive, called the district, consisting of the following cities and towns:— and any other city which by vote of its city council and any other town which by vote of a town meeting applies to the council to be included in the district and whose application is approved by a majority vote of the council; provided, that any such city or town is within an area which is being urbanized and which adjoins the metropolitan area planning district and has common or related urban planning problems. The district shall constitute a public body politic and corporate and, if designated by the Secretary of Commerce of the United States, shall be an economic development district in accordance with the provisions of the Public Works and Economic Development Act of 1965.

M.G.L. c. 40B, § 27 Mutual exchange of data, etc. between council and other governmental agencies

c. 40B, § 27. Mutual exchange of data, etc. between council and other governmental agencies Section 27. There shall be a mutual exchange, between the council and all offices, boards, commissions, departments, divisions and agencies of the commonwealth, and all offices, boards, commissions and departments of each political subdivision of the commonwealth within the district, and all public authorities operating within the district, of data, records and information within their knowledge and control pertaining to the district, or to parts thereof, which may be required for the preparation of plans made pursuant to section twenty-five; provided, however, that no such public authority shall be required to expend any funds for such purposes in contravention of its trust indentures.

M.G.L. c. 40B, § 28 Executive committee of council; composition; powers and duties; executive director; staff; technical advisory committees

c. 40B, § 28. Executive committee of council; composition; powers and duties; executive director; staff; technical advisory committees Section 28. There shall be an executive committee which shall be composed of a chairman, who shall be the president of the council, a vice-chairman, who shall be the vice-president of the council, a secretary, who shall be the secretary of the council, and a treasurer, who shall be the treasurer of the council. In addition, five members shall be elected from the representatives of cities; provided, that one such member elected shall be the representative of the city of Boston; five members shall be elected from representatives of the towns; five members shall be elected from the persons appointed by the governor; five members shall be elected from the ex officiis members. In addition, the immediate past president, if a council member, shall serve on the executive committee with full voting rights. Each member of the committee shall serve for a term of one year or until a successor has been duly qualified, except for the immediate past president, who shall serve so long as he remains the immediate past president and a member of the council. Action taken by the executive committee shall be in the name of and in behalf of the council. The executive committee shall engage, and may remove, an executive director, who shall be specially qualified by education, training and experience in the fields of regional planning and community relations, and shall determine his salary, and shall approve the selection and compensation of a technically qualified staff to discharge the professional duties of the council. The executive committee shall be responsible for the supervision of the executive director and for the preparation of an annual budget, to be submitted to the council for its consideration, for the disbursements of council funds, and for the performance of such other duties as may be assigned by the council. The members of the executive committee shall serve without compensation, but shall be reimbursed for necessary expenses, including travel, incurred in the performance of their duties. The executive director shall be responsible to the executive committee and shall act for said committee at its direction. The executive director shall not be subject to chapter thirty-one nor to section nine A of chapter thirty. The executive director, with the approval of the executive committee, shall appoint, and may remove, as members of the staff, such officers and employees as the work of the council may require, who shall not be subject to chapter thirty-one nor to section nine A of chapter thirty. The executive director, with the approval of the executive committee, may hire temporary or part-time experts or consultants who shall not be subject to the provisions of chapters thirty-one and thirty-two. The executive committee shall establish such technical advisory committees as may be needed to assist the executive director in exploring, planning and developing the programs and projects of the council. The chairman, commissioner or head of any state, county or municipal body or public authority operating within the district, if permitted by its trust indentures so to do, shall delegate one or more well qualified representatives from his agency to serve on any of said technical advisory committees when so requested by the executive committee.

M.G.L. c. 40B, § 29 Inter-agency agreements; expenditures; assessments; gifts, grants, etc.; fund

c. 40B, § 29. Inter-agency agreements; expenditures; assessments; gifts, grants, etc.; fund Section 29. The council is authorized to enter into contracts and agreements with any department, agency or subdivision of the federal or state government and any individual, corporation, association or public authority to provide or receive services, facilities, staff assistance or money payments in connection with the work of the council, and the council may contribute or receive services, facilities, staff assistance or money payments as consideration in such contracts and agreements. The council may expend for services and other expenses such amounts as are assessed and collected from its member cities and towns together with such amounts as the council may receive under any federal or state law or by gift, grant or contract from any source including grants, bequests, gifts, or contributions made by any individual, corporation, association, public authority, or agency or subdivision of the federal or state governments; provided, however, that any such assessment on such city or town shall not exceed any per capita amount fixed by the council, from time to time, based on the population of such city or town, exclusive of the number of inmates of institutions therein. Such assessment shall not exceed a sum equivalent to 50 cents per capita for the fiscal year 2015. Any increase over a previous year's assessment may only be made by a two-thirds vote of the representatives of cities and towns present and voting at a meeting duly called for the purpose of acting upon such an assessment. The state treasurer shall, subject to the aforesaid limitations, certify the amount to be assessed upon each city and town comprising the district, and said amount shall be paid by such city or town to the state treasurer as provided in section twenty of chapter fifty-nine. Any amounts paid by a city or town to the state treasurer, as provided in this section, shall be credited on the books of the commonwealth to a fund to be known as the Metropolitan Area Planning Council Fund. The state treasurer shall, upon receipt of any such funds and upon a warrant approved by the executive committee of the council, pay such funds over to the treasurer of said council for the operation of its activities.

M.G.L. c. 40B, § 30 Technical assistance center; permitting model; evaluations and reporting; regional planning districts to assist municipalities

c. 40B, § 30. Technical assistance center; permitting model; evaluations and reporting; regional planning districts to assist municipalities Section 30. (a) There shall be within each regional planning district created under this chapter or by special act, a technical assistance center for the delivery of coordinated, comprehensive, and continuing technical services to and among local governments for the purpose of expediting permitting. The board of executive directors of the Massachusetts association of regional planning agencies shall develop a state-wide permitting model that municipalities may adopt. The model processes shall expedite local permitting and zoning consistent with chapter 43D. The board shall direct each regional planning agency to conduct an evaluation of its member cities' and towns' permitting processes and to report its findings to the board. It shall be the responsibility of each regional planning agency to work under the guidance of the board to assist in the development of a state-wide model. The board shall report to the house and senate committees on ways and means not later than November 1, 2007, on recommendations necessary to implement the state-wide model proposed to effectuate such expedited permitting. The regional planning districts shall, at the request of a member city or town, provide the city or town services and assistance to:— (1) reduce unnecessary delays and create certainty and predictability as well as promote an efficient and timely appeals process; (2) create a positive regulatory culture with a bias toward making decisions; (3) conduct on-going staff training to address applicant questions; (4) select sites for expedited permitting, while identifying potential issues, concerns, or problem areas; (5) prepare applications for approval of the sites; (6) establish clear criteria for determining the completeness of permit applications; (7) update or eliminate conflicting, cumbersome, and redundant permit processes and procedures; (8) examine and redraft zoning by-laws to aid in the balanced development of the community; and (9) develop plans and incentives for residential and commercial development, while taking steps to mitigate the environmental and transportation impacts of new growth. (b) A city or town shall not be required to receive technical assistance from a regional planning agency in order to participate in the expedited permitting process, pursuant to chapter 43D.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40BFetched: 10/20/2026