Approval Process:
- Initiated by a petition signed by owners of at least 80% of the tax parcels AND 80% of the acreage in the Development Zone.
- The petitioners must submit a detailed Improvement Plan 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 by the selectmen or city council.
- Even with 100% approval of the property owners, the board of selectmen or city council must approve. Anything less than 100% consent (minimum of 80%) requires town meeting approval.
- The municipality can reject the petition for any reason if it dislikes the project.
Oversight under Chapter 40T:
- Any improvement and financing must follow the detailed provisions of the Improvement Plan submitted with the petition, reviewed at a public hearing and approved by the town or city.
- Any deviation requires a new petition of the property owners, a new public hearing and a new approval by the municipality.
- The members of the Prudential Committee (if a Local Improvement District is needed) can be removed for cause by the municipality.
- New members of the Prudential Committee are selected by the selectmen or the mayor and city council.
- Any Local Improvement District is subject to a standard municipal audit by the Commonwealth.
- Any Local Improvement District is subject to the open meeting law, public records law and other statutes such as those dealing with public safety.
- Once in existence, any assessments or betterments levied by a Prudential Committee require a properly noticed public hearing (Unlike betterments imposed by cities and towns under the General Laws).