1999-TOWN MEETING RECORDS - Laserfiche WebLink

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ARTICLE 31 To see if the Town will vote to amend the zoning bylaw by adding a new Section 174-27.1 as follows: "174-27.1 Development Agreements. A. Purpose and Intent. This bylaw enables the Town to enter into development agreements consistent with the provisions of the Cape Cod Commission Act and Chapter D-Code of Cape Cod Commission Regulations of General Application. The Act provides that such development agreements may be entered into so long as the Town's Local Comprehensive Plan has been certified by the Cape Cod Commission as consistent with the Regional Policy Plan and said certification has not been revoked. B. Definitions. In addition to the definitions contained in Section 174-3, the following shall apply to this section: DEVELOPMENT AGREEMENT - a contract entered into among the Town and/or the Cape Cod ' Commission, and/or another municipality or municipalities and a holder of property development rights (Qualified Applicant), the principal purpose of which is to negotiate and to establish the development regulations that will apply to the subject property during the term of the agreement and to establish the conditions to which the development will be subject including, without limitation, a schedule of impact fees. LEAD COMMUNITY - The Town or, where more the one municipality is a signatory on a development agreement, the municipality having the largest land area encompassed by the proposed development, or otherwise by consensus of the municipalities. The Board of Selectmen or their designee shall be authorized to execute,on behalf of the Town,a development agreement. r QUALIFIED APPLICANT - A person who has a majority legal or equitable interest in the real property which is the subject of the development agreement. A Qualified Applicant may be represented by an authorized agent. C. Parties to Development Agreements. A development agreement may be executed by and between the Town,a Qualified Applicant and (1) the Cape Cod Commission;or (2) the Cape Cod Commission and another municipality or municipalities within which the development is located;or (3) the Cape Cod Commission and another municipality or municipalities within which the development is located and with a state agency or agencies;or (4) another municipality or municipalities within which the development is located;or ? (5) another municipality or municipalities within which the development is located and a state agency or agencies. D. Negotiation and Execution of Development Agreements. (1) Negotiation of the elements of a development agreement between authorized parties (Subsection C.) and a Qualified Applicant shall follow all pertinent rules of due process currently required for public meetings,public hearings,and ratification of board decisions. (2) Negotiation of the elements of a development agreement between authorized parties (Subsection C.) and a Qualified Applicant shall be led by the Planning Board or its designee, and may incltide representatives from other municipal boards, departments and commissions where said joint participation will assist the negotiation process. Upon completion of such negotiations, the Planning Board shall prepare a proposed development agreement and vote to recommend it to the Board of Selectmen for execution. (3) The Board of Selectmen may execute the development agreement or propose amendments and refer the development agreement back to the Planning Board for further action.