[Added 6-6-2005 by Ord. No. 2005-12]
The Mayor and Council of Federalsburg 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 may petition the Mayor and
Council of Federalsburg 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.
(2)
A certification that the petitioner has either a legal or equitable
interest in the property.
(3)
The names of all parties having an equitable or legal interest
in the property, including lien holders.
(4)
The duration of the agreement, including any proposed phasing
plan of the development.
(5)
The permissible uses of the real property.
(6)
The density or intensity of use of the real property.
(7)
The maximum height and size of structures to be located on the
real property.
(8)
A description of the permits required or already approved for
the development of the real property.
(9)
A statement that the proposed development is consistent with
applicable development regulations and the Comprehensive Plan of the
Town.
(10)
A description of the conditions, terms, restrictions or other
requirements determined by the Mayor and Council, or its designees,
to be necessary to ensure the public health, safety and welfare.
(11)
In addition, the agreement shall include provisions for the
following matters to the extent that they are applicable to the proposed
development project:
(a)
Dedication of portions of the real property for public use.
(b)
Protection of sensitive areas.
(c)
Preservation or 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.
(e)
A provision requiring the developer to reimburse the Town for
its attorney's fees, costs and expenses incurred in the event an agreement
is abandoned or breached by the petitioner.
B.
In addition to the matters set out in Subsection A, 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 article, 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 Mayor and Council of Federalsburg.
Upon receipt of a petition to enter into an agreement, the Mayor
and Council of Federalsburg shall refer the petition to the Planning
Commission for a determination as to whether the proposed agreement
is consistent with the Town's Comprehensive Plan. The Mayor and Council
of Federalsburg may not enter into an agreement unless the Planning
Commission determines whether the proposed agreement is consistent
with the Comprehensive Plan.
A.
Before an agreement may be executed by the Mayor and Council of Federalsburg,
the Mayor and Council of Federalsburg 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 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.
This hearing may be combined with other required public hearings for
the proposed development.
B.
If, after consideration of all information produced as a result of
the public hearing, the Mayor and Council determines that execution
of an agreement is in the best interests of the Town and furthers
the purpose and intent of this article, the Mayor and Council shall
enact a resolution approving the agreement and authorizing the Mayor
to execute and deliver the same.
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 of the Mayor and Council of Federalsburg 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 Mayor
and Council of Federalsburg determine 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 Mayor and
Council of Federalsburg and the petitioner execute the agreement.
B.
When an agreement is recorded, the Mayor and Council of Federalsburg
and the petitioner, and their successors in interest, are bound to
the agreement.
Unless terminated under § 245-151 of this article, the Town or the petitioner, and their successors in interest, may enforce the agreement.
