1998-Annual Town Report - Laserfiche WebLink

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and no such development agreement shall (j) Additional data and analysis neces- be valid unless and until the requirements sary to assess the impact of the pro- of said Section 5 of Chapter D have been posed development, as determined by complied with in full. the Lead Community. G. Procedural requirements for Development (2) All Qualified Applicants seeking to enter Agreements where the Cape Cod Commission is into a development agreement without the not a party to the Agreement. Cape Cod Commission as a party shall sub- mit the proposed development to the Cape (1) Where the Cape Cod Commission is not to Cod Commission for 'a Jurisdictional be a party to a development agreement, a Determination. If the Cape Cod Qualified Applicant shall complete a Commission determines that the proposed Development Agreement Application development is not a Development of Form. The Development Agreement Regional Impact, then the Qualified Application Form shall include: Applicant may pursue a development (a) A fully completed Cape Cod agreement without the Cape Cod Commission Development of Commission as a party. If the Cape Cod Regional Impact Application Form, Commission determines that the proposed including a certified list of abutters; development is a Development of Regional (b) A legal description of the land subject Impact, then the Cape Cod Commission to the agreement,along with the names must be a party to the development agree- of its legal and equitable owners; ment, in which case the provisions of Section 5 of Chapter D of the Code of Cape (c) The proposed duration of the agreement; Cod Commission Regulations of General (d) The development uses currently per Application, as revised, shall apply. If the mitted on the land, and development Commission determines that the proposed development is not a Development of uses proposed on the land including population densities, building densi- Regional Impact, then the provisions of ties and height; Subsections (3) through (10) below shall apply. (e) A description of public facilities that will service the development, includ- (3) The Town, or when more than one munici- ing who shall provide such facilities, pality is a party to the agreement, then the the date any new facilities will be Lead Community, shall assume the respon- constructed, and a schedule to assure sibility for overseeing the development public facilities adequate to serve the agreement process as specified in this sec- tion. The Town / Lead Community shall development are available concurrent K: with the impacts of the development; hold a public hearing after receipt of a fully completed application from a Qualified (f) A description of any reservation or Applicant for consideration of a proposed 1` dedication of land for public purposes; development agreement. At least one pub- lic hearing shall be held in (at least one of) (g) A description of all local development g permits approved or needed to be the municipality(ies)in which the proposed development is located. The public hearing approved for the development of the land; agree- ment shall not exceed ninety (90) days, regarding review of a development agree- (h) A statement indicating that the failure unless extended by mutual agreement of of the agreement to address a particu- lar permit, condition, term, or restric- the parties.Failure to close the public hear tion shall not relieve the Qualified ing within ninety (90) days shall not result Applicant of the necessity of comply- in a constructive grant of the proposed ing with the law governing said per- development. mitting requirements, conditions, (4) When more than one municipality is a party term or restriction; to the agreement, any conflicts between the (i) A Final Environmental Impact Lead Community and other Report, certified as adequate by the municipality(ies) which are a party to the Secretary of Environmental Affairs,if agreement shall be resolved through nego- required under sections 61-62h of tiation conducted by the relevant parties. Chapter 30 of the General Laws; Because a development agreement is a vol 92 gal