10/05/1998 Annual Town Meeting - Laserfiche WebLink

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statement that copies of the development agreement are available for public inspection at the town clerk's office during normal business hours of any municipality which is a party to the agreement. In addition, the Lead Community shall provide the Cape Cod Commission with a summary of the development agreement, which the Commission shall publish in its official publication pursuant to section 5(i) of the Cape Cod Commission Act. (9) Development agreements shall be issued in a form suitable for recording in the Barnstable County Registry of Deeds. The Lead Community shall record the development agreement in the Barnstable County Registry of Deeds and shall submit proof of such recording to the town clerk(s) of the municipality(ies) in which the development is located and to the Clerk of the Cape Cod Commission. (10)The cost for filing and processing of each development agreement shall be as established by the Board of Selectmen. Said filing and processing fees shall be reviewed and, if appropriate, revised annually. H. Limitations on Development Agreements. (1) Nothing in this section may be construed to permit the Town to require a Qualified Applicant to enter into a development agreement. (2) A development agreement will commence and terminate as agreed by the parties, in writing, except as otherwise provided in this subsection. Where the Cape Cod Commission is not a party, a development agreement shall not exceed ten (10) years. However, provisions in the development agreement pertaining to the preservation of open space and park areas, or agreement to pay for maintenance of utilities and other infrastructure, may exceed such ten-year limitation. Where the Cape Cod Commission is a party, a development agreement may extend for a longer period of time than that noted above, as set forth in Section 7 of the Code of Cape Cod Commission Regulations of General Application, as revised. (3) A development agreement may not be used to prevent a Lead Community or other governmental agency from requiring a Qualified Applicant to comply with any laws, rules, regulations and policies enacted after the date of the development agreement, if the Lead Community or governmental agency determines that the imposition of, and compliance with, the newly effective laws and regulations is essential to ensure the public health, safety or welfare of the residents of all or part of its jurisdiction. I. Amendments and Rescission. (1) Where the Cape Cod Commission is not a party to the development agreement, any party to the agreement may petition the Lead Community to amend or rescind the development agreement. The petitioning party shall provide notice to all parties to the agreement and to the Cape Cod Commission of its intention to amend or rescind the agreement by Page 34 of 63