1999-Annual Town Report - Laserfiche WebLink

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(3) The Town, or when more than one munici- development agreement with the Clerk of pality is a party to the agreement, then the the Cape Cod Commission and with the Lead Community, shall assume the respon- town clerk(s) of the municipality(ies) in r; sibility for overseeing the development which the development is located. Notices : agreement process as specified in this sec- of development agreements shall be pub- tion. The Town / Lead Community shall lished in a newspaper of general circulation hold a public hearing after receipt of a fully in the municipality(ies) in which the devel- completed application from a Qualified opment is located, including a brief sum. Applicant for consideration of a proposed mary of the contents of the development development agreement. At least one pub- agreement and a statement that copies of lic hearing shall be held in (at least one of) the development agreement are available s.l the municipal-ity(ies) in which the pro- for public inspection at the town clerk's u posed development is located. The public office during normal business hours of any hearing regarding review of a development municipality which is a party to the agree- agreement shall not exceed ninety (90) ment. In addition, the Lead Community days,unless extended by mutual agreement shall provide the Cape Cod Com-mission of the parties. Failure to close the public with a summary of the development agree- hearing within ninety (90) days shall not ment, which the Commission shall publish result in a constructive grant of the pro- in its official publication pursuant to sec- � r posed development. tion 5(i) of the Cape Cod Commission Act, (4) When more than one municipality is a party (9) Development agreements shall be issued in to the agreement, any conflicts between the a form suitable for recording in the Lead Community and other Barnstable County Registry of Deeds.The municipality(ies) which are a party to the Lead Com-munity shall record the develop- agreement shall be resolved through nego- ment agreement in the Barnstable County tiation conducted by the relevant parties. Registry of Deeds and shall submit proof of Because a development agreement is a vol- such recording to the town clerk(s) of the untary process, unresolved disputes may municipal-ity(ies) in which the develop- result in one or more parties making a ment is located and to the Clerk of the Cape determination not to remain a party to the Cod Commission. � proposed development agreement. (10) The cost for filing and processing of each (5) The Town/Lead Community shall provide development agreement shall be as estab- notice of the public hearing to consider a lished by the Board of Selectmen. Said fil development agreement by publication as ing androcessin fees shall be reviewed kr: required by Sections 5(a) and (d) of the and, if appropriate revised annually. Cape Cod Commission Act and shall also ;f provide notice to the Cape Cod H. Limitations on Development Agreements. Commission at least fourteen14 ( ) days (1) Nothing in this section may be construed to prior to such hearing. permit the Town to require a Qualified �.! 6 Applicant to enter into a development OThe Qualified Applicant shall bear the cost of providing notice of the public hearing to agreement. consider the proposed development agree- (2) A development agreement will commence ° ment. and terminate as agreed by the parties, in writing, except as otherwise provided in (7) The Town /Lead Community shall review this subsection. Where the Cape Cod proposed development agreements for their consistency with the Cape Cod Commis-sion is not a party, a development Commission Act and with the Regional agreement shall not exceed ten (10) years. Policy Plan and Local Comprehensive However, pro-visions in the development Plans. The Town /Lead Community shall agreement pertaining to the preservation of obtain a determination from the Cape Cod open space and park areas, or agreement to Commission or its designee that a proposed pay for maintenance of utilities and other development agreement is consistent with infrastructure, may exceed such ten-yep the Act,the Regional Policy Plan and Local limitation. Where the Cape Cod Comprehensive Plans prior to executing a Commission is a party, a development development agreement. agreement may extend for a longer period of time than that noted above,as set forth in (8) The Town / Lead Community shall file its Section 7 of the Code of Cape Cod u� 60