[HISTORY: Adopted by the County Commissioners of Kent County 9-20-2005 by Bill No. 4-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Land use legislation — See Part III.
The Board hereby retains the authority granted by § 13.01 of Article 66B of the Annotated Code of Maryland to enter into development rights and responsibility agreements pursuant to certain subsections of the aforementioned statute.
Any person having a legal or equitable interest in real property, or the person's representative, may petition the Board to enter into a development agreement. At a minimum, the petition shall contain the following:
A. 
A legal description of the real property;
B. 
A certification that the petitioner has either a legal or equitable interest in the real property;
C. 
The names and addresses of all parties having an equitable or legal interest in the real property, including, but not limited to, all owners, contract purchasers, and lienholders;
D. 
The location, land area, and zoning classification of the real property;
E. 
The utilities serving the real property;
F. 
The potential economic impact of the development on Kent County;
G. 
The proposed commitments of Kent County; and
H. 
The time length of the proposed agreement.
Before any agreement between the Board and the petitioner may become effective, the proposed agreement shall be referred to the Kent County Planning Commission. The Kent County Planning Commission shall review the proposed agreement and determine whether the proposed agreement is consistent with the Kent County Comprehensive Plan and, if applicable, with any Master Plans, including any Water and Sewer Master Plans, for the location of the property, and shall promptly advise the Board of its findings. After being advised by the Planning Commission, the Board may deny the petition, refer the petition to staff for recommendations, or direct staff to negotiate an agreement pursuant to instructions provided by the Board. If the proposed agreement concerns commercial or industrial development, the proposal shall be referred to the Director of the County Office of Economic Development for review, comment, and recommendation.
Before an agreement may be executed by the Board, the Board shall hold a public hearing on the agreement. Notice of the hearing shall be published in a newspaper of general circulation in the County once a 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. The costs of advertising the notice in the newspaper shall be prepaid by the petitioner.
After the public hearing, the Board may decline to enter into the proposed agreement, may enter into the agreement as advertised, or may enter into the agreement with such amendments as the Board may deem desirable.
If the Board elects to enter into a development agreement, the agreement may provide for such items including but not limited to the dedication of a portion of the property for public use; the protection of sensitive areas; traffic management; the preservation and restoration of historic structures; the construction and/or financing of public facilities; water and sewer allocations; streets and roads, the payment of developer exaction, impact fees and other fees; the time frames and terms for development and construction on the property; sureties; and any other requirements determined by the Board to be necessary to ensure the public health, safety, or welfare. The agreement shall conform to the requirements of § 13.01(f)(1) of Article 66B of the Annotated Code of Maryland, and may provide for those additional matters set forth in § 13.01(f)(2) of the aforementioned article, and shall be subject to the time limitations set forth in § 13.01(g) of the aforementioned article, unless otherwise established in the agreement as permitted under the said Subsection (g).
After a public hearing, the parties to an agreement may amend the agreement by mutual consent, provided that the Planning Commission shall determine that the proposed amendment is consistent with the County's Comprehensive Plan.
The parties to an agreement may terminate the agreement by mutual consent, or may terminate or suspend the agreement in accordance with § 13.01(i)(2) of Article 66B of the Annotated Code of Maryland.
The agreement shall be recorded in the Land Records of the Clerk of the Circuit Court for Kent County, Maryland within 20 days following its execution.
The petition shall be accompanied by such fees as may be established or modified by resolution by the Board. The petitioner shall be responsible for payment in advance of all advertising and recording expenses incurred in connection with an agreement.
A person or persons aggrieved by the decision of the Board to enter into an agreement may, jointly or severally, appeal the decision to the Circuit Court of Kent County, Maryland. The appeal shall be taken in accordance with Title 7, Chapter 200, of the Maryland Rules of Procedure.