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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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8-10.4   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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