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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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8-10.3   Disruption Impact Fund.
   (A)   All individuals, developers and general contractors performing any part of a major road construction project shall set aside an amount equal to 0.5% of the expected total cost of the road construction work they are performing as a contingency fund for the reimbursement of damages to small businesses caused by disruption due to the project. This Disruption Impact Fund shall be deposited with the Public Facilities Department prior to the start of construction. No street occupation permit or other permit issued by any Officer in charge of a Department with respect to a major road construction project shall be valid if the Disruption Impact Fund is not on deposit with the Public Facilities Department.
   (B)   If a small business within the affected area:
      (1)   Suffers a decline in its gross receipts equal to or greater than 20% for any period of 60 consecutive days during the course of the construction work; and
      (2)   That decline can be reasonably attributed to the disruption caused by the major road construction project, then that small business is eligible for reimbursement from the disruption impact fund in an amount equal to the direct and incidental damage to its business which is reasonably attributable to the disruption caused by the project. Compliance with the disruption mitigation plan by those parties performing the construction work shall in no way affect any small business’s eligibility for reimbursements from the Disruption Impact Fund. For the purposes of determining a decline in gross receipts, gross receipts for the relevant 60-day period shall be compared with the average of the small business’ gross receipts from the same 60-day period in the previous two fiscal years.
   (C)   The Public Facilities Department shall administer the disruption impact fund. However, eligibility for reimbursements from the disruption impact fund shall not be determined by the Public Facilities Department. Rather, eligibility for the reimbursements shall be determined by arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
   (D)   The Public Facilities Department shall prepare and distribute application forms for small businesses to use to document their claims. Small businesses shall return completed applications to the Public Facilities Department. Upon receiving a completed application from a small business, the Public Facilities Department shall:
      (1)   Notify the individuals, developers or general contractors responsible for depositing the project’s Disruption Impact Fund of the small business’ claim; and
      (2)   Refer the small business’ claims for appropriate arbitration.
   (E)   The Public Facilities Department shall be responsible for disbursing the reimbursements from the Disruption Impact Fund to those small businesses the arbitrator determines to be eligible. The individuals, developers or general contractors responsible for initially depositing the Disruption Impact Fund for the project shall reimburse the Disruption Fund for all disbursements made from the fund to small businesses and for all disbursements made to pay the fees for the arbitration. No street occupation permit or other permit issued by any Officer in charge of a Department with respect to a major road construction project shall be valid if the Disruption Impact Fund is not regularly replenished after the Public Facilities Department makes disbursements from the Fund.
   (F)   Small businesses may apply to the Public Facilities Department for reimbursements from the Disruption Impact Fund as soon as they believe they meet the eligibility criteria, but they must apply no later than 30 days after completion of the major road construction project. Small businesses may make successive reimbursement applications during the course of the construction work if the small business continues to suffer qualifying declines in business.
   (G)   When 90 days have passed after the completion of a major road construction project and all outstanding claims for reimbursement made to the Public Facilities Department have been finally resolved, the Public Facilities Department shall return any funds remaining in the disruption impact fund to the individual, developer or general contractor who originally deposited those funds with the Public Facilities Department.
(CBC 1985 8-10.3; Ord. 1990 c. 6 § 3)
8-10.4   Severability.
   If any court of competent jurisdiction holds any provision or Subsection of this Section to be unconstitutional or otherwise invalid, that decision shall in no way affect or impair the other provisions and Subsections.
(CBC 1985 8-10.4; Ord. 1990 c. 6 § 4)
8-11   NAMING OF MUNICIPAL BUILDINGS.
8-11.1   Naming of Municipal Buildings.
   The Public Facilities Commission shall have the exclusive authority in naming municipal buildings. The Public Facilities Commission shall provide notice in writing to the Boston City Council when naming municipal buildings.
(CBC 1985 8-11.1; Ord. 2013 c. 3)
8-12   COMMUNITY PRESERVATION COMMITTEE.
8-12.1   Establishment.
   Pursuant to M.G.L. Chapter 44B, Section 5, there is hereby established in Boston the Community Preservation Committee, hereinafter referred to as the Committee.
(CBC 1985 8-12.1; Ord. 2017 c. 4)
8-12.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AFFORDABLE HOUSING. Includes low and moderate income housing for individuals and families, including low and moderate income senior housing.
   AREA-WIDE MEDIAN INCOME. The area-wide median income as determined by the United States Department of Housing and Urban Development.
   HISTORIC RESOURCES. Includes a building, structure, vessel or real property that is listed on the commonwealth register of historic places or determined by the Boston Landmarks Commission to be significant in the history, archeology, architecture or culture of the city, including through designation as a Boston landmark or pending landmark.
   LOW INCOME HOUSING. Housing for those persons and families whose annual income is less than 80% of the area-wide median income.
   LOW OR MODERATE INCOME HOUSING FOR SENIORS. Housing for those persons having reached the age of 60 or over who would qualify for low or moderate income housing.
   MODERATE INCOME HOUSING. Housing for those persons and families whose annual income is less than 100% of the area-wide median income.
   OPEN SPACE. Includes, but is not limited to, land to protect existing and future well fields, aquifers and recharge areas, watershed land, agricultural land, grasslands, fields, forest land, fresh and salt water marshes and other wetlands, ocean, river, stream, lake and pond frontage, beaches, dunes and other coastal lands, lands to protect scenic vistas, land for wildlife or nature preserve and land for recreational use.
   RECREATIONAL USE. Includes active or passive recreational use including, but not limited to, the use of land for community gardens, trails and noncommercial youth and adult sports, and the use of land as a park, playground or athletic field. The term RECREATIONAL USE shall not include horse or dog racing or the use of land for a stadium, gymnasium or similar structure.
(CBC 1985 8-12.2; Ord. 2017 c. 4)
8-12.3   Purpose.
   The Committee is responsible for evaluating the community preservation needs of the city, and making recommendations for expenditures from the Community Preservation Fund created by acceptance of the Community Preservation Act, M.G.L. Chapter 44B. Community preservation needs shall include the acquisition, creation and preservation of open space; the acquisition, preservation, rehabilitation and restoration of historic resources; the acquisition, creation, preservation and support of affordable housing; the acquisition, creation, preservation and rehabilitation of land for recreational use; and the rehabilitation of open space and community housing that is acquired or created under Chapter 44B.
(CBC 1985 8-12.3; Ord. 2017 c. 4)
8-12.4   Membership, Appointment, Term.
   (A)   The Committee shall consist of nine members. Five of the members shall be appointed as required by the Community Preservation Act, M.G.L. Chapter 44B, Section 5, as follows:
      (1)   One member of the Boston Conservation Commission shall be designated by said commission;
      (2)   One member of the Boston Landmarks Commission shall be designated by said commission;
      (3)   One member of the Parks and Recreation Commission shall be designated by said Commission;
      (4)   As Boston possesses no Planning Board established under M.G.L. Chapter 41, Section 81A, one representative of the Boston Redevelopment Authority, d.b.a. the Boston Planning and Development Agency, shall be designated by said Agency; and
      (5)   The Boston Housing Authority being constituted without a board, one representative of the Boston Housing Authority to be designated by said Authority.
   (B)   Four additional members shall be appointed by the Boston City Council as follows.
      (1)   The Boston City Council shall establish by order a special committee which shall concern itself with nominating persons for consideration by the full Boston City Council for appointment to the Committee. When making its recommendations and to ensure that all interests are represented, the Special Committee shall nominate one person that has experience in development, business, finance or any combination thereof and one person that has expertise in open space, affordable housing, historic preservation or any combination thereof. In addition to the aforementioned members, the special committee shall also nominate two persons that have a history of involvement in their local communities. The Special Committee shall receive applications from interested persons which shall include a brief statement of the reasons for their interest and suitability.
      (2)   The nominees submitted by the special committee to the Boston City Council for appointment shall reflect the ethnic, racial, socioeconomic and geographic diversity of the city. When nominating individuals for appointment, the special committee shall also take into account the backgrounds of the five members appointed under M.G.L. Chapter 44B, Section 5.
      (3)   All members of the Committee must be residents of Boston at appointment and for the duration of their term.
      (4)   No nominee for the four Boston City Council appointments shall be an employee or elected official of the city.
      (5)   All members shall be appointed for terms of three years. No member shall serve more than two consecutive terms. If a vacancy should arise and a new member is appointed to serve a partial term of less than two years, that partial term shall not count against the limit of two consecutive terms.
      (6)   In order to stagger the terms of the members, the initial appointments of the Conservation Commission member, the Housing authority member and one of the members appointed by Boston City Council shall be for one year; and the initial appointments of the Landmarks Commission member, the Boston Redevelopment Authority, d.b.a the Boston Planning and Development Agency, member and another of the members appointed by Boston City Council shall be for two years. After the initial appointments, all subsequent terms shall be for three years.
(CBC 1985 8-12.4; Ord. 2017 c. 4)
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