05/03/1999 Annual Town Meeting - Laserfiche WebLink

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(10) The cost for filing and processing of each development agreement shall be as established by the Board of Selectmen. Said filing and processing fees shall be reviewed and, if appropriate, revised annually. H. Limitations on Development Agreements. (1) Nothing in this section may be construed to permit the Town to require a Qualified Applicant to enter into a development agreement. (2) A development agreement will commence and terminate as agreed by the parties, in writing, except as otherwise provided in this subsection. Where the Cape Cod Commission is not a party, a development agreement shall not exceed ten (10) years. However, provisions in the development agreement pertaining to the preservation of open space and park areas, or agreement to pay for maintenance of utilities and other infrastructure, may exceed such ten-year limitation. Where the Cape Cod Commission is a party, a development agreement may extend for a longer period of time than that noted above, as set forth in Section 7 of the Code of Cape Cod Commission Regulations of General Application, as revised. (3) A development agreement may not be used to prevent a Lead Community or other governmental agency from requiring a Qualified Applicant to comply with any laws, rules, regulations and policies enacted after the date of the development agreement, if the Lead Community or governmental agency determines that the imposition of, and compliance with, the newly effective laws and regulations is essential to ensure the public health, safety or welfare of the residents of all or part of its jurisdiction. I. Amendments and Rescission. (1) Where the Cape Cod Commission is not a party to the development agreement, any party to the agreement may petition the Lead Community to amend or rescind the development agreement. The petitioning party shall provide notice to all parties to the agreement and to the Cape Cod Commission of its intention to amend or rescind the agreement by providing such parties and the Cape Cod Commission with a copy of the petition seeking such amendment or rescission. When the Lead Community initiates an amendment or rescission, it shall provide notice, in writing, to all other parties to the agreement and to the Cape Cod Commission. (2) When the Cape Cod Commission is a party to the development agreement, any other party to the development agreement may petition the Commission to amend or rescind the development agreement. Such petition shall be made in writing, on a form provided by the Cape Cod Commission. The petitioning party shall provide notice to all parties to the development agreement and to the Commission of its intention to amend or rescind the agreement by providing such parties and the Commission with a copy of the petition seeking such amendment or rescission. When the Commission initiates an amendment or rescission, it shall provide notice, in writing, to all other parties to the agreement. (3) No amendment or rescission may be made except following the notice, hearing and approval process specified in this section for development agreements.