1999-Annual Town Report - Laserfiche WebLink

Home Browse Search

Commission Regulations of General Applica- I Enforcement. tion, as revised. A development agreement is a binding contract (3) A development agreement may not be used that is enforceable in law or equity by a to prevent a Lead Community or other gov- Massachusetts court of competent jurisdiction. ernmental agency from requiring a it If any provision of this bylaw is held invalid by Qualified Applicant to comply with any Y laws, rules, regulations and policies a court of competent jurisdiction, the remainder enacted after the date of the development of the bylaw shall not be affected thereby. The agreement, if the Lead Community or gov- invalidity of any section or sections or parts of ernmental agency determines that the any section or sections of this bylaw shall not imposition of, and compliance with, the affect the validity of the remainder of the Town's newly effective laws and regulations is zoning bylaw" essential to ensure the public health, safety or take any other action related thereto. or welfare of the residents of all or part of Submitted b its jurisdiction. y Planning Board I. Amendments and Rescission. Explanation: This article, which is based on a model bylaw prepared by the Cape Cod Commission, would (1) Where the Cape Cod Commission is not a authorize the Town to prepare and enter into long-term party to the development agreement, any "development agreements" with developers, the Cape party to the agreement may petition the Cod Commission, adjacent towns and state agencies. Lead Community to amend or rescind the Such agreements would be binding contracts spelling development agreement. The petitioning out party shall provide notice to all parties to the agreement and to the Cape Cod the terms under which a project could be Commission of its intention to amend or completed over a number of years, rescind the agreement by providing such 0 what infrastructure, other Town facilities parties and the Cape Cod Commission with and programs, open space or other items of a copy of the petition seeking such amend- benefit to the Town would be provided by ment or rescission. When the Lead the developer, Community initiates an amendment or rescission, it shall provide notice, in writ- ing,to all other parties to the agreement and 0 what protections the developer might to the Cape Cod Commission. obtain from subsequent zoning and regula- (2) When the Cape Cod Commission is a party tory changes, to the development agreement, any other what streamlined permitting procedures party to the development agreement may might be established for construction done petition the Commission to amend or under the terms of the agreement and rescind the development agreement. Such petition shall be made in writing, on a form other items of mutual interest between the parties to the agreement. provided by the Cape Cod Commission. The petitioning party shall provide notice The Town's ability to enter into such agreements is to all parties to the development agreement predicated on the Town now having a Local and to the Commission of its intention to Comprehensive Plan certified by the Cape Cod amend or rescind the agreement by provid- Commission as being consistent with the county's ing such parties and the Commission with a Regional Policy Plan and continued progress in imple- copy of the petition seeking such amend- menting the Plan within the next two years ment or rescission. When the Commission planning Board voted at a Public Hearing held on initiates an amendment or rescission, it shall provide notice, in writing, to all other April 28, 199 4-0 for approval. parties to the agreement. Motion made by Selectman Leveille. (3) No amendment or rescission may be made Motion: I move that the Town vote to amend the except following the notice, hearing and Zoning bylaws by adding a new Section 174-27.1 as approval process specified in this section printed in the warrant. for development agreements. Motion made to amend to change to 174.27.2. i Motion to amend passes at 7:46 p.m. Amended motion passes unanimously at 7:46 p.m. 61