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05/03/1999 Annual Town Meeting
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05/03/1999 Annual Town Meeting
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Town Meeting Warrants
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(2) Where the Cape Cod Commission is to be a party to a development agreement, the <br /> procedural requirements established in Section 5 of Chapter D of the Code of Cape <br /> Cod Commission Regulations of General Application, as revised shall be followed <br /> and no such development agreement shall be valid unless and until the requirements <br /> of said Section 5 of Chapter D have been complied with in full. <br /> G. Procedural requirements for Development Agreements where the Cape Cod <br /> Commission is not a party to the Agreement <br /> (1) Where the Cape Cod Commission is not to be a party to a development agreement, <br /> a Qualified Applicant shall complete a Development Agreement Application Form. <br /> The Development Agreement Application Form shall include: <br /> a) A fully completed Cape Cod Commission Development of Regional Impact <br /> Application Form, including a certified list of abutters; <br /> b) A legal description of the land subject to the agreement, along with the names <br /> of its legal and equitable owners; <br /> c) The proposed duration of the agreement; <br /> d) The development uses currently permitted on the land, and development uses <br /> proposed on the land including population densities, building densities and <br /> height; <br /> e) A description of public facilities that will service the development, including <br /> who shall provide such facilities, the date any new facilities will be constructed, <br /> and a schedule to assure public facilities adequate to serve the development are <br /> available concurrent with the impacts of the development; <br /> f) A description of any reservation or dedication of land for public purposes; <br /> g) A description of all local development permits approved or needed to be <br /> approved for the development of the land; <br /> h) A statement indicating that the failure of the agreement to address a particular <br /> permit, condition, term, or restriction shall not relieve the Qualified Applicant <br /> of the necessity of complying with the law governing said permitting <br /> requirements, conditions, term or restriction; <br /> i) A Final Environmental Impact Report, certified as adequate by the Secretary of <br /> Environmental Affairs, if required under sections 61-62h of Chapter 30 of the <br /> General Laws; <br /> j) Additional data and analysis necessary to assess the impact of the proposed <br /> development, as determined by the Lead Community. <br /> (2) All Qualified Applicants seeking to enter into a development agreement without the <br /> Cape Cod Commission as a party shall submit the proposed development to the <br /> Cape Cod Commission for a Jurisdictional Determination. If the Cape Cod <br /> Commission determines that the proposed development is not a Development of <br /> Regional Impact, then the Qualified Applicant may pursue a development <br /> agreement without the Cape Cod Commission as a party. If the Cape Cod <br /> Commission determines that the proposed development is a Development of <br /> Regional Impact, then the Cape Cod Commission must be a party to the <br /> development agreement, in which case, the provisions of Section 5 of Chapter D of <br /> the Code of Cape Cod Commission Regulations of General Application, as revised, <br />
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