[Added 3-16-2026 by Ord. No. 1218]
In this article the following words have the meanings indicated:
AGREEMENT
Means a development rights and responsibilities agreement in conformance with this article between the City and an applicant.
APPLICANT
Means any individual, firm, corporation, partnership, association, society, syndication, trust, or other legal entity that files a petition to enter into an agreement.
CITY
Means the municipal corporation known as the Mayor and City Council of Havre de Grace.
COMPREHENSIVE PLAN
Means the current Comprehensive Plan as adopted by the City pursuant to the provisions of Title 3 of the Land Use Article of the Maryland Annotated Code.
DEVELOPMENT
Means the subdivision of land and those divisions of land referred to as off conveyances, and/or changes to improved or unimproved real estate, including but not limited to construction, reconstruction, structural alterations, relocation or enlargement of any structure, road, driveway, or appurtenance, grading, dredging, filling, paving, clearing, excavation, dumping, extraction or storage of soil or mineral; the storage of equipment or material.
ENHANCED PUBLIC BENEFITS
Means public infrastructure improvements or other public benefit features to be provided at the applicant's expense, above and beyond those that the applicant would otherwise be required to provide under applicable law, including but not limited to adequate public facilities and rezoning ordinance requirements during the course of the development of the property.
GOVERNING BODY
Means the City Council.
PARTIES
Means the City and the applicant.
PLANNING COMMISSION
Means the City's Planning Commission.
PROPERTY
Means the parcel or parcels of real property to be developed within the municipal limits of the City which are the subject of an agreement.
PUBLIC PRINCIPAL
Means the Mayor, as Chief Executive Officer, and City Council, as the governing body, who shall act together as the public principal.
The City exercises authority granted by the Land Use Article of the Maryland Annotated Code, § 7-302(b), to enter into an agreement as follows: the Mayor shall exercise the authority of the public principal to negotiate, execute and enforce such agreements, and the City Council shall act as the public principal for purposes of conducting the public hearing on a proposed agreement and by majority vote will either approve, reject, or recommend amendment to a proposed agreement.
A. 
Any applicant having a legal or equitable interest in real property in the City may petition the City to enter into an agreement.
B. 
The petition shall be filed with the Director of Planning and must include the processing fee in accordance with a fee schedule adopted by the City Council by ordinance.
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 shall first review the petition and determine whether to accept the petition and initiate this process.
F. 
After the Mayor approves the petition, the applicant shall pay the filing fee adopted by the City Council by ordinance to proceed to a public hearing as provided in this article.
A. 
At a minimum, a development rights and responsibilities agreement shall contain the following:
(1) 
A lawyer's certification that applicant has either a legal or equitable interest in the property;
(2) 
The names of all persons having an equitable or legal 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 City and Harford County regulations;
(10) 
A description of the conditions, terms, restrictions or other requirements determined by the City 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 City in the event an agreement is abandoned or breached by the applicant.
B. 
An agreement may contain other terms, provisions, requirements and agreements concerning the property which may be agreed upon by the City 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 the City Code, including adequate public facilities review and Department of Public Works approval in accordance with City Code Chapter 2.
E. 
An agreement may provide for enhanced public benefits.
F. 
All persons with a lien interest in the property must execute the agreement.
G. 
Any superior interest with a power of sale must be subordinated to the position of the City or acceptable financial guarantees must be provided.
A. 
Upon acceptance of the petition and receipt of the required fee, the Mayor shall refer the petition to the Planning Commission for a determination on whether the proposed agreement is consistent with the Comprehensive Plan.
B. 
The Mayor may not enter into an agreement, and the City Council may not approve an agreement, until the Planning Commission first determines whether the proposed agreement is consistent with the Comprehensive Plan.
A. 
Before an agreement may be executed, the Mayor and City Council must conduct a public hearing on the proposed agreement. Notice of the hearing must be published in a newspaper of general circulation in the City once each week for 2 consecutive weeks, with the first such publication of notice appearing at least 14 days prior to the hearing.
B. 
After the public hearing, the City Council may:
(1) 
Approve the proposed agreement as written;
(2) 
Approved the proposed agreement with amendments;
(3) 
Decline to enter an agreement.
C. 
If the City Council chooses to enter an agreement with or without amendments, it shall do so by adopting a formal resolution that approves the agreement and authorizes the Mayor to execute the agreement on behalf of the City.
A. 
Subject to Subsections B and C of this section and after a public hearing, the parties to an agreement may amend the agreement by mutual consent.
B. 
The parties may not amend an agreement unless:
(1) 
The Planning Commission determines whether the proposed amendment is consistent with the Comprehensive Plan; and
(2) 
After a public hearing the City Council adopts a resolution authorizing the amendment.
C. 
City Council approval of amendments under Subsection B is not required for de minimis changes or amendments to correct clerical errors where such amendments do not result in any material or substantive change of the agreement as determined by the Planning Commission.
A. 
The parties may terminate an agreement by mutual consent in writing.
B. 
If the Mayor or City Council determine that suspension or termination of an agreement is essential to ensure the public health, safety, or welfare, the Mayor and City Council may unilaterally suspend or terminate an agreement after a public hearing by a formal resolution of City Council, notwithstanding anything to the contrary contained in the agreement.
A. 
Except as provided in Subsection B of this section, the local laws, rules, regulations, and policies governing the use, density, or intensity of the property subject to the agreement will be the local laws, rules, regulations and policies in force at the time the City and the applicant execute the agreement.
B. 
An agreement may not prevent compliance with the local laws, rules, regulations, and policies enacted after the date of the agreement if the City Council determines that compliance with such local laws, rules, regulations and policies is essential to ensure the public health, safety or welfare.
C. 
An agreement may not alter the applicant's obligations to pay the fees in effect at the time the fee payment is due.
A. 
An agreement not recorded in the land records of Harford County within 20 days after the day on which the parties execute the agreement is void. Either the applicant or the City may record the agreement.
B. 
The City and the applicant and their successors in interest are bound to the agreement after the agreement is recorded.
Unless the agreement is terminated pursuant to § 205-58, only the parties or their successors in interest may enforce the agreement. Neither this Article XIV of Chapter 205 nor any agreement is intended to create third-party beneficiary status in the public or any other person not a party to an agreement.
An agreement entered into under this Article XIV of Chapter 205 is void five years after the day on which the parties execute the agreement, unless the agreement specifies a different duration or unless extended by an amendment under § 205-57 above.