2021-03-22-ATM.min - Laserfiche WebLink

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March 22, 2021 Adjourned Session of the 2021 Annual Town Meeting, cont'd... (1) residential dwellings, whether or not they are owner occupied, provided they do not exceed 3 residential units in the same structure; (2) small commercial properties of up to 5,000 gross square feet per building; or (3) agricultural properties. (c) The collector-treasurer of the Town of Lexington, is hereby authorized to collect transit improvement fees and disburse the funds to the duly authorized and designated municipal department identified under subsection (c) of section 2. If the TID contains more than one municipality, it shall be the responsibility of the collector-treasurer in each municipality to collect the fee and remit to the lead community. The collector-treasurer of each participating municipality is authorized to levy fines for non-payment of fees, and if necessary, to pursue appropriate legal action for said enforcement. The collector-treasurer shall disburse revenues to the designated municipal department within 60 days of the collection of transit improvement fees, without the need for further appropriation by Town Meeting. (d) Following establishment of a TID, all fees billed by or on behalf of a TID and unpaid by the obligor after 60 days from the date of billing shall become a lien in favor of Lexington on the real property of the obligor in an amount sufficient to satisfy all unpaid fees, which shall have priority over all other liens except municipal liens and mortgages of record prior to the recording of a notice of lien, if notice of the lien is duly recorded by Lexington in the appropriate registry of deeds or land court registry district. (e) Notwithstanding any general or special law to the contrary, transit improvement fees collected by Lexington under this act shall not be deemed to be part of Lexington's regular levy collections and shall not be subject to the requirements of section 21C of chapter 59. SECTION 6. (a) A property owner subject to an exemption pursuant to clause Third or clause Eleventh of section 5 of chapter 59 shall not be subject to the fee provided for in section 5; provided however, that such property owner shall have all the rights and privileges as any other property owner pursuant to this chapter if such property owner participates in the voluntary payment program set forth in subsection (b). (b) A property owner of property located within a TID and subject to an exemption in clause Third or clause Eleventh of section 5 of chapter 59 may enter into an agreement with the Select Board for voluntary payments to Lexington for the purposes of this chapter or, if the TID involves more than one municipality, the municipal executive body for the lead municipality. The TID shall establish the amount of and terms of such payment agreement based on factors that include but are not limited to: (i) the assessed value of the real property; (ii) community benefits provided by the property owner such as the property owner's contribution to transportation goals and programs of the TID; (iii) the total assets of the property owner, including but not limited to: land, buildings and equipment; and (iv) total annual revenues. SECTION 7. Lexington, or, if the TID involves more than one municipality, the group of municipalities participating in the establishment of a TID shall provide a minimum of 20 per cent of the TID's program costs from funds not generated by the fees authorized under section 5. The Massachusetts department of transportation shall provide 25 per cent in matching funds, subject to appropriation. Users of the new transit improvement program shall be required to pay a fee for service, which shall, in the aggregate, be no more than 5 per cent of the total program costs. Property owners located within a TID shall provide a minimum of 25 per cent of the transit improvement program costs. SECTION 8. The Select Board or, if the TID involves more than one municipality, the municipal executive body of the lead municipality, shall conduct a review of the program plan 12 months prior to the completion of the duration of the transit improvement programs within a TID to determine if the program is desired to be continued, and if so, complete a program assessment