Upon receipt of a petition to enter into an agreement, the Mayor
and Council shall refer the petition to the Planning Commission for
a determination 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 Mayor and
Council may not enter into an agreement unless the Planning Commission
determines whether the proposed agreement is consistent with the Comprehensive
Plan.
Before a development rights and responsibilities agreement may
be executed, the Mayor and Council shall conduct a public hearing
on the proposed agreement. Notice of the hearing shall be published
in a newspaper of general circulation in the Town once each week for
two consecutive weeks, with the first publication 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.
Unless terminated pursuant to this article, the Mayor and Council
or the petitioner(s), and their successors in interest, may enforce
the agreement.
The petition shall be accompanied by such fees as may be established
or modified by resolution of the Mayor and Council, from time to time
adopted. The petitioner shall be responsible for payment in advance
of all advertising and recording expenses incurred in connection with
an agreement.