============================================================
I. PURPOSE
It is
the intent of the City of Woburn to encourage the adaptive reuse of abandoned
and
underutilized
industrial and commercially zoned properties which have been subject to a
release
of oil or hazardous material, by providing the opportunity to execute tax
abatement
agreements
with eligible persons as an incentive to continued environmental cleanup and
redevelopment.
II. DEFINITIONS
For the purpose of this Ordinance the following words shall be defined as
meaning:
A.
Brownfields – A property or portion of a property contaminated by a release of
oil or
hazardous material.
B.
Eligible Person – An owner or operator of a site or a portion thereof from or
at
which
there is or has been a release of oil or hazardous material who did not
cause
or contribute to the release of oil or hazardous material from or at the
site
and did not own or operate the site at the time of the release.
C.
Eligible Property – A property which meets all of the following conditions:
1. The
property is a site or portion of a site from or at which there has been a
release
of oil or hazardous materials;
2. The
property is owned by an eligible person, as that term is defined in
G.L.
Chapter 21E, Section 2;
3. The
property is located in the one of the following zoning districts as
defined
by the 1985 Woburn Municipal Code, as amended, and as it is
amended
from time to time:
a. B-N,
Neighborhood Business District,
b. B-H,
Highway Business District,
c. B-D,
Downtown Business District,
d. B-I,
Interstate Business District,
e. I-P,
Industrial Park District,
f.
IP-2, Industrial Park Two District,
g. I-G,
General Industrial District,
h. S-1,
Mixed Use District,
i. O-P,
Office Park District,
j.
OP-93, Interstate 93 Office Park District, and
k. Any
other commercial or industrial district which the City of Woburn
may
adopt from time to time by amendment of the Zoning
Ordinances.
D.
Hazardous Material – Material including but not limited to, any material, in
whatever
form, which, because of its quantity, concentration, chemical,
corrosive,
flammable, reactive, toxic, infectious or radioactive characteristics,
either
separately or in combination with any substance or substances,
constitutes
a present or potential threat to human health, safety, welfare, or to
the
environment, when improperly stored, treated, transported, disposed of,
used,
or otherwise managed.
III. ABATEMENT AGREEMENTS
A. The
Mayor is hereby authorized to negotiate agreements from the abatement
of real
estate taxes (hereinafter “Abatement Agreements”) with owners of
eligible
properties, the terms of which Abatement Agreements shall be subject
to
approval by a 2/3 vote of the City Council.
B.
Abatement Agreements may allow for reductions in outstanding taxes,
interest,
and/or penalties.
C.
Abatement Agreements shall include, but nor be limited to:
1. The
amount of outstanding real estate taxes;
2. The
percent of interest to accrue if determined applicable by the Mayor;
3. The
description of quantifiable monthly payments;
4. The
inception date of monthly payments;
5. The
date of the final payment;
6. The
late penalties to be imposed;
7. A
plan for remediation of the oil or hazardous materials which is the subject
of the
agreement;
8. A
finding by the Mayor that the reduction in outstanding taxes, interest,
and/or
penalties provided in the Abatement Agreement is necessary for the
successful
completion of the remediation plan; and
9. Any
and all other contractual terms as arranged between the Mayor and
the
property owner.
D. All
Abatement Agreements shall be signed by the Mayor and the property
owner,
whose signatures shall be notarized, and attested to by the City Clerk.
E. Such
Agreements shall contain any other provisions as may be required by
law,
ordinance, or regulation of the Massachusetts Department of Revenue.
F.
Copies of all Abatement Agreements shall be provided to the Massachusetts
Department
of Environmental Protection, the United States Environmental
Protection
Agency, the Massachusetts Commissioner of Revenue, the
Woburn
City Council, the Woburn Board of Assessors, and the property
owner.
(added
4/10/2002)