05/03/1999 Annual Town Meeting - Laserfiche WebLink

Home Browse Search

J. Enforcement. A development agreement is a binding contract that is enforceable in law or equity by a Massachusetts court of competent jurisdiction. If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Town's zoning bylaw" or take any other action related thereto. Submitted by Planning Board Explanation: This article, which is based on a model bylaw prepared by the Cape Cod Commission, would authorize the Town to prepare and enter into long-term "development agreements" with developers, the Cape Cod Commission, adjacent towns and state agencies. Such agreements would be binding contracts spelling out the terms under which a project could be completed over a number of years, what infrastructure, other Town facilities and programs, open space or other items of benefit to the Town would be provided by the developer, what impact fees would be paid, what protections the developer might obtain from subsequent zoning and regulatory changes, what streamlined permitting procedures might be established for construction done under the terms of the agreement and other items of mutual interest between the parties to the agreement. The Town's ability to enter into such agreements is predicated on the Town now having a Local Comprehensive Plan certified by the Cape Cod Commission as being consistent with the county's Regional Policy Plan and continued progress in implementing the Plan within the next two years Planning Board voted at a Public Hearing held on April 28, 1999 4-0 for approval. Motion made by Selectman Leveille. Motion: I move that the Town vote to amend the Zoning bylaws by adding a new Section 174-27.1 as printed in the warrant. Motion made to amend to change to 174.27.2. Motion to amend passes at 7:46 p.m. Amended motion passes unanimously at 7:46 p.m.