1998-Annual Town Report - Laserfiche WebLink

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untary process, unresolved disputes may such recording to the town clerk(s) of the result in one or more parties making a municipality(ies)in which the development determination not to remain a party to the is located and to the Clerk of the Cape Cod proposed development agreement. Commission. (5) The Town/Lead Community shall provide (10) The cost for filing and processing of each notice of the public hearing to consider a development agreement shall be as estab- development agreement by publication as lished by the Board of Selectmen. Said fil- required by Sections 5(a) and (d) of the ing and processing fees shall be reviewed Cape Cod Commission Act and shall also and, if appropriate, revised annually. provide notice to the Cape Cod H. Limitations on Development Agreements. Commission at least fourteen (14) days prior to such hearing. (1) Nothing in this section may be construed to (6) The Qualified Applicant shall bear the cost permit the Town to require a Qualified of providing notice of the public hearing to Applicant to enter into a development "c consider the proposed development agree- agreement. ; ment. (2) A development agreement will commence b reed i d terminate as a (7) The Town/Lead Community shall review ang y the parties, in proposed development agreements for their writing, except as otherwise provided in consistency with the Cape Cod this subsection. Where the Cape Cod Commission Act and with the Regional Commission is not a party, a development Policy Plan and Local Comprehensive agreement shall not exceed ten (10) years. Plans. The Town /Lead Community shall However, provisions in the development obtain a determination from the Cape Cod agreement pertaining to the preservation of Commission or its designee that a proposed open space and park areas, or agreement to pay for maintenance of utilities and other development agreement is consistent with the Act,the Regional Policy Plan and Local infrastructure, may exceed such ten-year Comprehensive Plans prior to executing a limitation. Where the Cape Cod development agreement. Commission is a party, a development agreement may extend for a longer period (8) The Town /Lead Community shall file its of time than that noted above, as set forth in7 development agreement with the Clerk of Section 7 of the Code of Cape Cod the Cape Cod Commission and with the Commission Regulations of General town clerk(s) of the municipality(ies) in Application, as revised. which the development is located. Notices (3) A development agreement may not be used of development agreements shall be pub- fished in a newspaper of general circulation to prevent a Lead Community or other gov- ernmentalin the municipality(ies) in which the devel- agency from requiring a opment is located, including a brief sum- Qualified Applicant to comply with any laws, rules, regulations and policies enact- mary of the contents of the development ed after the date of the development agree- agreement and a statement that copies of the development agreement are available ment, if the Lead Community or govern- for public inspection at the town clerk's mental agency determines that the imposi- office during normal business hours of any tion of, and compliance with, the newly effective laws and regulations is essential to municipality which is a party to the agree- ment. In addition, the Lead Community ensure the public health, safety or welfare shall provide the Cape Cod Commission of the residents of all or part of its jurisdic- with a summary of the development agree- tion. ment, which the Commission shall publish 1. Amendments and Rescission. in its official publication pursuant to sec- tion 5(i) of the Cape Cod Commission Act. (1) Where the Cape Cod Commission is not a party to the development agreement, any (9) Development agreements shall be issued in party to the agreement may petition the a form suitable for recording in the Lead Community to amend or rescind the Barnstable County Registry of Deeds. The development agreement. The petitioning Lead Community shall record the develop- party shall provide notice to all parties to ment agreement in the Barnstable County the agreement and to the Cape Cod Registry of Deeds and shall submit proof of Commission of its intention to amend or I 93