10/05/1998 Annual Town Meeting - Laserfiche WebLink

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such development agreement shall be valid unless and until the requirements of said Section 5 of Chapter D have been complied with in full. G. Procedural requirements for Development Agreements where the Cape Cod Commission is not a party to the Agreement. (1) Where the Cape Cod Commission is not to be a party to a development agreement, a Qualified Applicant shall complete a Development Agreement Application Form. The Development Agreement Application Form shall include: (a) A fully completed Cape Cod Commission Development of Regional Impact Application Form, including a certified list of abutters; (b) A legal description of the land subject to the agreement, along with the names of its legal and equitable owners; (c) The proposed duration of the agreement; (d) The development uses currently permitted on the land, and development uses proposed on the land including population densities, building densities and height; (e) A description of public facilities that will service the development, including who shall provide such facilities, the date any new facilities will be constructed, and a schedule to assure public facilities adequate to serve the development are available concurrent with the impacts of the development; (f) A description of any reservation or dedication of land for public purposes; (g) A description of all local development permits approved or needed to be approved for the development of the land; (h) A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the Qualified Applicant of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction; (i) A Final Environmental Impact Report, certified as adequate by the Secretary of Environmental Affairs, if required under sections 61-62h of Chapter 30 of the General Laws; (j) Additional data and analysis necessary to assess the impact of the proposed development, as determined by the Lead Community. (2) All Qualified Applicants seeking to enter into a development agreement without the Cape Cod Commission as a party shall submit the proposed development to the Cape Cod Commission for a Jurisdictional Determination. If the Cape Cod Commission determines that the proposed development is not a Development of Regional Impact, then the Qualified Applicant may pursue a development agreement without the Cape Cod Page 32 of 63