Chapter 40T Provides More Local Control Than Traditional Betterment / Assessment Districts
Under existing law, betterments and assessments can be charged against real estate by a board of selectmen or city council without any public hearing, without town meeting approval, in the case of a town, and without the consent of even one property owner!
Contrast this with the much more stringent requirements of Chapter 40T. You must have:
- A petition signed by owners of at least 80% of tax parcels owners (and 80% of the acreage) to start the process.
- A detailed Improvement Plan must be attached to the petition describing exactly what the infrastructure needs are, how they will be financed, what the assessments will be and the boundaries of the Development Zone, the area that pays for and benefits from the improvements. Any deviation requires that you begin the whole process again including a new public hearing etc.
- A fully noticed public hearing must be held.
- Even with 100% approval of the property owners, you need the board of selectmen’s or city council’s approval. Anything less than 100% consent requires town meeting approval.
- The town can reject the petition for any reason if it dislikes the project.
Chapter 40T has a Number of Advantages Over Traditional Betterment / Assessments
- No municipal liability.
- No need to finance during construction.
- Wider variety of improvements can be financed.
- 35-year maximum payback compared to 20-years under General Laws.