1998-Annual Town Report - Laserfiche WebLink

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municipality or municipalities within lowing: infrastructure; public capital facili- which the development is located; or ties; land dedication and/ or preservation; (3) the Cape Cod Commission and another affordable housing, either on or off-site; municipality or municipalities within employment opportunities; community which the development is located and with facilities;recreational facilities and/or any a state agency or agencies; or other benefit intended to serve the proposed development,the Town,another municipal- (4) another municipality or municipalities ity or the county,including site design stan- within which the development is located;or dards to ensure preservation of community (5) another municipality or municipalities character and natural resources. within which the development is located (2) Proffers by a Lead Community:A develop- and a state agency or agencies. ment agreement may include provisions 4 D. Negotiation and Execution of Development whereby a Lead Community and / or an Agreements. abutting municipality agree toprovide cer- tain protection from future changes in (1) Negotiation of the elements of a develop- { P applicable local regulations and assistance � ment agreement between authorized parties in streamlining the local regulatory (Subsection C.) and a Qualified Applicant approval process. Streamlining may shall follow all pertinent rules of due include, where not in conflict with existing process currently required for public meet- local, state or federal law, holding of joint ings, public hearings, and ratification of hearings, coordination of permit applica- board decisions. tions and, where possible, accelerated (2) Negotiation of the elements of a develop- review of permit approvals.A development ment agreement between authorized parties agreement may also provide for extensions (Subsection C.) and a Qualified Applicant of time within which development shall be led by the Planning Board or its approvals under state, regional and local designee, and may include representatives laws may be extended to coincide with the from other municipal boards, departments expiration of the development agreement established in Subsection G. below. When and commissions where said joint partici- 1 pation will assist the negotiation process. the Cape Cod Commission is not a party to the development agreement, land use }` (3) The Board of Selectmen or its designee development rights shall not vest with shall be authorized to execute, on behalf of respect to Cape Cod Commission regula- the Town, a development agreement. Prior tions and designations and the property to executing said development agreement, shall be subject to subsequent changes in the Board of Selectmen shall, at a public the Commission's regulations and designa- meeting, vote to authorize said execution. tions. The Board of Selectmen shall, within seven (7) days of the vote authorizing the execu- F. Procedural requirements for Development tion of the development agreement, cause Agreements where the Cape Cod Commission is said development agreement to be so exe- a party to the Agreement. cuted and forward the same to the Qualified (1) Where the Cape Cod Commission is to be a Applicant by certified, return receipt mail. party to a development agreement, a Within twenty-one (21) days of the date Qualified Applicant shall complete a said development agreement has been Development Agreement Application Form mailed by the Board of Selectmen, the and comply with the specific requirements Qualified Applicant shall execute the set forth in Section 5 of Chapter D of the agreement and return either by certified Code of Cape Cod Commission mail or hand delivery, the fully executed Regulations of General Application, as development agreement. revised. E. Elements of Agreements.Development A P g (2) Where the Cape Cod Commission is to be a (1) Proffers by a Qualified Applicant: A devel- Party to a development agreement, the pro- opment agreement may include, but is not cedural requirements established in Section limited to provisions whereby a 5 of Chapter D of the Code of Cape Cod p y Qualified Commission Regulations of General Applicant agrees to provide certain benefits Application, as revised, shall be followed which contribute to one or more of the fol- 91