1999-Annual Town Report - Laserfiche WebLink

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LEAD COMMUNITY - The Town or, where ments and refer the development agreement more the one municipality is a signatory on a back to the Planning Board for further development agreement, the municipality having action. the largest land area encompassed by the pro- posed development, or otherwise by consensus (4) The Board of Selectmen or their designee of the municipalities. The Board of Selectmen or shall be authorized to execute,on behalf of their designee shall be authorized to execute, on the Town,a development agreement. Prior behalf of the Town, a development agreement. to executing said development agreement, the Board of Selectmen shall, at a public QUALIFIED APPLICANT - A person who has meeting, vote to authorize said execution, a majority legal or equitable interest in the real The Board of Selectmen shall, within property which is the subject of the development seven (7) days of the vote authorizing the agreement. A Qualified Applicant may be repre- execution of the development agreement, sented by an authorized agent. cause said development agreement to be so C. Parties to Development Agreements. A develop- executed and forward the same to the ment agreement may be executed by and Qualified Applicant by certified, return between the Town, a Qualified Applicant and receipt mail. Within twenty-one (21)days of the date said development agreement (1) the Cape Cod Commission; or has been mailed by the Board of (2) the Cape Cod Commission and another Selectmen, the Qualified Applicant shall municipality or municipalities within execute the agreement and return either by which the development is located; or certified mail or hand delivery, the fully (3) the Cape Cod Commission and another executed development agreement. municipality or municipalities within E. Elements of Development Agreements. which the development is located and with (1) Proffers by a Qualified Applicant: A devel- a state agency or agencies; or opment agreement may include, but is not (4) another municipality or municipalities limited to, provisions whereby a Qualified within which the development is located;or Applicant agrees to provide certain benefits which contribute to one or more of the fol. (5) another municipality or municipalities lowing: infrastructure; public capital facili- within which the development is located ties; land dedication and / or preservation; and a state agency or agencies. affordable housing, either on or off-site; D. Negotiation and Execution of Development employment opportunities; community Agreements. facilities;recreational facilities and/or any other benefit intended to serve the proposed (1) Negotiation of the elements of a develop- development,the Town,another municipal- ment agreement between authorized parties ity or the county,including site design stan- (Subsection C.) and a Qualified Applicant dards to ensure preservation of community shall follow all pertinent rules of due character and natural resources. process currently required for public meet- ings, public hearings, and ratification of (2) Proffers by a Lead Community: A develop- board decisions. ment agreement may include provisions (2) Negotiation of the elements of a develop- whereby a Lead Community and / or anabutting municipality agree to provide cer- ment agreement between authorized parties tain protection from future changes in (Subsection C.) and a Qualified Applicant applicable local regulations and assistance shall be led by the Planning Board or its designee, and may include representatives in streamlining the local regulatory from other municipal boards, departments approval process. Streamlining may ,.I and commissions where said joint partici- include, where not in conflict with existing R.: pation will assist the negotiation process. local, state or federal law, holding of joint Upon completion of such negotiations, the hearings, coordination of permit applica Planning Board shall prepare a proposed tions and, where possible, accelerated review of permit approvals.A development development agreement and vote to recom- mend it to the Board of Selectmen for exe- agreement may also provide for extensions cution. of time within which development approvals under state, regional and local (3) The Board of Selectmen may execute the laws may be extended to coincide with the development agreement or propose amend- expiration of the development agreement 58