The words or phrases used in this chapter shall
have the meaning prescribed in the current Code except as otherwise
indicated herein:
AGREEMENT
A development rights and responsibilities agreement.
APPLICANT
Any individual, firm, corporation, partnership, association,
society, syndication, trust, or other legal entity that files a petition
to enter into an agreement.
COMPREHENSIVE PLAN
The current City of Taneytown Comprehensive Plan as adopted
by Mayor and Council of the City of Taneytown under the provisions
of Md. Ann. Code, Art. 66B.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, dumping,
extraction, dredging, grading, paving, storage of materials or equipment,
land excavation, land clearing, land improvement, landfill operation,
or any combination thereof; and any change in the use of a building
for which a building permit/zoning certificate is required by law.
PROPERTY
The parcel or parcels of real property to be developed which
are the subject of an agreement.
PUBLIC PRINCIPAL
The governmental entity of the City of Taneytown that has
been granted the authority to enter into agreements under this chapter.
The Mayor and Council may exercise the authority
granted by Maryland Annotated Code, Art. 66B, § 13.01 to
enter into development rights and responsibility agreements and shall
act as the public principal.
If the Mayor and Council accept the petition as provided in §
178-3E, the City Manager shall refer the petition to the Planning Commission for determination of whether the proposed agreement is consistent with the Comprehensive Plan. The Mayor and Council may not enter an agreement unless the Planning Commission determines whether the proposed agreement is consistent with the Comprehensive Plan.
Before entering an agreement, the Mayor and
Council shall conduct a public hearing on the agreement. Notice of
the hearing shall be published in a newspaper of general circulation
in the City once each week for two consecutive weeks, with the first
such publication of notice appearing at least fourteen days prior
to the hearing.
Unless the agreement is terminated under §
178-8 of this chapter, the Mayor and Council and the applicant, or their successors in interest, may enforce the agreement.
An agreement shall be void five years after the day on which the parties execute the agreement unless the agreement specifies a shorter or longer duration or unless extended by an amendment under §
178-7 above.
Any negotiations between a Mayor and Council
and the applicant or the applicant's agents concerning an agreement
shall be conducted in open session.