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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF WATERTOWN TO ADOPT AN AFFORDABLE HOUSING LINKAGE FEE

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. (a) The city of Watertown may, by ordinance, require the payment of an affordable housing linkage fee for any non-residential development, including the commercial portion of a mixed-use project and excluding any development for governmental uses, that: (i) requires zoning relief, including, but not limited to, a special permit, special permit with site plan review or site plan approval; and (ii) contains a single use or combination of uses exceeding a square foot threshold to be determined from time to time by the city council of the city of Watertown. For purposes of this act, “development” shall include the construction, enlarging, expansion, substantial rehabilitation or change of use of non-residential property.
         (b) The ordinance shall specify the dollar amount of the linkage fee. The linkage fee initially shall not exceed $18 per square foot and may be adjusted over time based upon changes in the Consumer Price Index for All Urban Consumers compiled by the United States Bureau of Labor Statistics. The ordinance shall specify an initial square foot threshold of 30,000 square feet. The amount of any linkage fee and the square foot threshold shall be reviewed not less than every 5 years and reset as required based upon recommendation of the city manager and approval of the city council.
         (c) The city may create a distinct and separate revolving fund account into which affordable housing linkage fees shall be paid and no such fee shall be paid to the city’s general treasury or used as general revenues pursuant to section 53 of chapter 44 of the General Laws. The funds in this revolving fund account shall be administered and expended by the trustees of a municipal affordable housing trust fund established by the city council pursuant to section 55C of chapter 44 of the General Laws.

SECTION 2. This act shall take effect upon its passage.

Approved, December 15, 2022.