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.