[Added 12-8-2015 by Ord.
No. 514]
The words or phrases used in this chapter shall have the meaning
prescribed in the current Code except as otherwise indicated herein:
A development rights and responsibilities agreement.
Any individual, firm, corporation, partnership, association,
society, syndication, trust, or other legal entity that files a petition
to enter into an agreement.
The current Town of Hampstead Comprehensive Plan as adopted
by the Mayor and Council of the Town of Hampstead under the provisions
of Maryland Annotated Code, Land Use Article.
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.
The Mayor and Council of the Town of Hampstead.
The Town of Hampstead Planning and Zoning Commission.
The parcel or parcels of real property to be developed which
is/are the subject of an agreement.
The governmental entity of the Town of Hampstead 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, Land Use Article, § 7-301 et seq.,
to enter into development rights and responsibilities agreements and
shall act as the public principal.
A.
Any applicant having a legal or equitable interest in real property
in the Town of Hampstead may petition the Mayor and Council to enter
into an agreement.
B.
The petition shall be filed with the Town Manager.
C.
The petition shall include a copy of the proposed agreement.
D.
All persons with a lien interest in the property must authorize the
petition.
E.
The Mayor and Council shall first review the petition and determine
whether to accept the petition and initiate this process.
F.
If the Mayor and Council accepts the petition, a filing fee for each
petition shall be paid in accordance with a fee schedule adopted by
resolution of the Mayor and Council.
A.
At a minimum, a development rights and responsibilities agreement
shall contain the following:
(1)
An attorney's certification that the applicant has either a
legal or equitable interest in the property;
(2)
The names of all persons having a legal or equitable interest in
the property, including lienholders;
(3)
A legal description of the property subject to the agreement;
(4)
The duration of the agreement;
(5)
The permissible uses of the property;
(6)
The density or intensity of use of the property;
(7)
The maximum height and size of structures to be located on the property;
(8)
A description of permits required or already approved for the development
of the property;
(9)
A statement that the proposed development plan is consistent with
the Comprehensive Plan and all applicable Town and county regulations;
(10)
A description of the conditions, terms, restrictions or other
requirements determined by the Mayor and Council to be necessary to
ensure the public health, safety or welfare; and
(11)
To the extent applicable, provisions for the:
(a)
Dedication of a portion of the property for public use;
(b)
Protection of sensitive areas;
(c)
Preservation and restoration of historic structures;
(d)
Construction or financing of public facilities; and
(e)
Responsibility for attorney's fees, costs, and expenses
incurred by the Mayor and Council.
B.
An agreement may contain other terms, provisions, requirements and
agreements concerning the property that may be agreed upon by the
Mayor and Council and the applicant.
C.
An agreement may fix the time frame and terms for development and
construction on the property.
D.
An agreement may provide for other matters consistent with this chapter,
the Code of the Town of Hampstead and the Land Use Article of the
Maryland Annotated Code.
E.
All persons with a lien interest in the property must execute the
agreement.
F.
Any superior interest with a power of sale must be subordinated to
the position of the Mayor and Council or acceptable financial guarantees
must be provided.
If the Mayor and Council accepts the petition as provided in § 119-40E, the Town 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 14 days prior to the hearing. Notice shall
also be provided by any other means generally used by the Town.
A.
Except as provided in Subsection B of this section, the laws, rules, regulations, and policies governing the use, density, or intensity of the property subject to the agreement shall be the laws, rules, regulations and policies in force at the time the Mayor and Council and the applicant execute the agreement.
B.
If the Town determines that compliance with local laws, rules, regulations
and policies enacted or adopted after the effective date of an agreement
is essential to ensure the public health, safety or welfare, an agreement
may not prevent the Town from requiring a developer to comply with
those local laws, rules, regulations, and policies.
A.
An agreement not recorded in the Land Records of Carroll County within
20 days after the day on which the Mayor and Council and the applicant
execute the agreement is void. Either the applicant or the Mayor and
Council may record the agreement.
B.
The Mayor and Council and the applicant, and their successors in
interest, are bound to the agreement after the agreement is recorded.
Unless the agreement is terminated under § 119-45 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 § 119-44 above.
