[HISTORY: Adopted by the Town Council of the Town of Denton 3-1-2004
by Ord. No. 438. Amendments noted where applicable.]
GENERAL REFERENCES
Land Subdivision — See Ch. 73.
The Town Council shall exercise the authority granted by § 13.01
of Article 66B, Zoning and Planning, of the Annotated Code of Maryland to
enter into development rights and responsibilities agreements.
Any person having a legal or equitable interest in real property located
within the boundaries of The Town of Denton may petition the Town Council
to enter into an agreement pertaining to the development of that property.
A.
At a minimum, a development rights and responsibilities
agreement shall contain the following:
(1)
A legal description of the real property subject to the
agreement. The agreement shall be accompanied by a title report from a licensed
professional which includes copies of all plats, covenants, restrictions,
easements, and title encumbrances which affect the use, occupation, or location
of improvements of the real property.
(2)
A certification that the petitioner has either a legal
or equitable interest in the property, together with a copy of the instrument
establishing such interest;
(3)
The names of all parties having an equitable or legal
interest in the property, including lienholders;
(4)
The duration of the agreement;
(5)
The permissible uses of the real property;
(6)
The density or intensity of use;
(7)
The maximum height and size of structures;
(8)
Description of the permits required or already approved
for the development of the property;
(9)
A statement, with references to specific provisions of
applicable law, regulations, or plans, that the proposed development is consistent
with applicable development regulations and the Comprehensive Plan of the
Town of Denton; and
(10)
A description of the conditions, terms, restrictions
or other requirements determined by the Town Council, or its designees, to
be necessary to ensure the public health, safety and welfare.
(11)
In addition, as the same may be applicable to the proposed
development project, the agreement shall include provisions for:
(a)
Dedication of portions of the real property for public
use;
(b)
Protection of sensitive areas;
(c)
Preservation or detailed archaeological investigation
of prehistoric sites which may provide information not commonly available
from similar sites in the county or Town; and preservation or restoration
of significant historical structures for which preservation or restoration,
and maintenance, are economically reasonable and feasible;
(d)
Construction or financing of public facilities and extension
or improvement of necessary utilities at the expense of the petitioner; and
(e)
Responsibility for all professional fees, including attorney's
fees, costs and expenses and litigation expenses incurred by the Town and
its agencies in the event an agreement is abandoned or breached by the petitioner,
or challenged by others.
B.
An agreement may fix the period in which and terms by
which development and construction may commence and be completed, as well
as provide for other matters consistent with this title, including the phasing
of development in such a manner that public facilities and services may be
provided in an orderly and sequential fashion in the discretion of the Town
Council.
Upon receipt of a petition to enter into an agreement, the Town Council
shall refer the petition to the Planning Commission for a determination of
whether the proposed agreement is consistent with the Comprehensive Plan.
The Planning Commission shall make specific findings within 60 days of referral
of the petition. The Town Council may not enter into an agreement unless the
Planning Commission determines whether the proposed agreement is consistent
with the Comprehensive Plan.
Before an agreement may be executed by the Town Council, the Town Council
shall hold a public hearing on the proposed agreement. Notice of the hearing
shall be published in a newspaper of general circulation within the Town and
Caroline County once each week for two consecutive weeks, with the first such
publication of notice appearing at least 14 days prior to the hearing. The
notice shall contain the name of the petitioner, a brief description sufficient
to identify the property involved, a fair summary of the contents of the petition
and the date, time and place of the public hearing.
A.
Subject to Subsection B of this section and after a public hearing, the parties to an agreement may amend the agreement by mutual consent.
B.
The parties may not amend an agreement unless the Planning
Commission determines whether the proposed amendment is consistent with the
Comprehensive Plan. The Planning Commission shall make specific findings within
60 days of the referral of the proposed amendment.
A.
Except as provided in Subsection B of this section, the laws, rules, regulations and policies governing the use, density or intensity of use or development of the real property subject to the agreement shall be the laws, rules, regulations and policies in force at the time the Town Council and the petitioner execute the agreement.
B.
An agreement may not prevent compliance with the laws,
rules, regulations and policies enacted after the date of the agreement, if
the Town Council determines that imposition and compliance with these laws
and regulations is essential to ensure the public health, safety or welfare
of residents of all or part of the Town.
A.
An agreement shall be void if not recorded in the Land
Records of Caroline County within 20 days after the day on which the Town
Council and the petitioner execute the agreement.
B.
When an agreement is recorded, the Town Council and the
petitioner, and their successors in interest, are bound to the agreement.
Unless terminated under § 45-7 of this chapter, the Town Council or the petitioner, and their successors in interest, may enforce the agreement.
