10/05/1998 Annual Town Meeting - Laserfiche WebLink

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providing such parties and the Cape Cod Commission with a copy of the petition seeking such amendment or rescission. When the Lead Community initiates an amendment or rescission, it shall provide notice, in writing, to all other parties to the agreement and to the Cape Cod Commission. (2) When the Cape Cod Commission is a party to the development agreement, any other party to the development agreement may petition the Commission to amend or rescind the development agreement. Such petition shall be made in writing, on a form provided by the Cape Cod Commission. The petitioning party shall provide notice to all parties to the development agreement and to the Commission of its intention to amend or rescind the agreement by providing such parties and the Commission with a copy of the petition seeking such amendment or rescission. When the Commission initiates an amendment or rescission, it shall provide notice, in writing, to all other parties to the agreement. (3) No amendment or rescission may be made except following the notice, hearing and approval process specified in this section for development agreements. J. Enforcement. A development agreement is a binding contract that is enforceable in law or equity by a Massachusetts court of competent jurisdiction." If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Town's zoning bylaw. or take any other action relating thereto. Submitted by Board of Selectmen Explanation: This article, which is based on a model bylaw prepared by the Cape Cod Commission, would authorize the Town to prepare and enter into long-term "development agreements" with developers, the Cape Cod Commission, adjacent towns and state agencies. Such agreements would be binding contracts spelling out • the terms under which a project could be completed over a number of years, • what infrastructure, other Town facilities and programs, open space or other items of benefit to the Town would be provided by the developer, • what impact fees would be paid, • what protections the developer might obtain from subsequent zoning and regulatory changes, • what streamlined permitting procedures might be established for construction done under the terms of the agreement and • other items of mutual interest between the parties to the agreement. Page 35 of 63