[Amended 5-24-2007 by Order No. 2007-105; 7-16-2009 by Order
No. 2009-138; 7-12-2012 by Order No. 2012-152; 2-1-2018 by Order No. 2018-054]
It is the purpose and intent of this chapter
to enable the Town of Barnstable to enter into development agreements
(hereinafter "regulatory agreements") in the areas delineated on the
Regulatory Agreement Districts Map dated January 2, 2018.
A. The Town of Barnstable adopts this chapter under the
Home Rule Authority of Article 89 of the amendments to the Massachusetts
Constitution, the provisions of the Cape Cod Commission Act, Chapter
716 of the Acts of 1989, as amended, and Chapter D, Development Agreement
Regulations, Code of Cape Cod Commission Regulations of General Application.
B. This chapter shall apply within the Regulatory Agreement
Districts, shown on the Regulatory Agreement Districts Map dated January
2, 2018.
C. The provisions of this chapter shall not apply to
any single-family structure in existence on the date of adoption of
this chapter that is used as a primary residence by the owner or a
family member of the owner, as the term "family member" is defined
in the Barnstable Zoning Ordinance.
In this chapter, the following words have the
meanings indicated:
QUALIFIED APPLICANT
A person who has a majority legal or equitable interest in
the real property which is the subject of the regulatory agreement.
A qualified applicant may be represented by an authorized agent.
REGULATORY AGREEMENT
A contract entered into between the Cape Cod Commission and/
or the Town of Barnstable and a holder of property development rights,
the principal purpose of which is to negotiate and to establish the
development regulations that will apply to the subject property during
the term of the agreement and to establish the conditions to which
the development will be subject including, without limitation, a schedule
of impact fees and/or transfer development rights.
TOWN OF BARNSTABLE
The municipality where the proposed development is located.
The Town Manager, or his or her designee, shall be authorized to execute,
on behalf of the Town of Barnstable, a regulatory agreement, subject
to the procedural requirements set forth below.
Notwithstanding provisions to the contrary,
the Town of Barnstable is hereby authorized to enter into a regulatory
agreement with a qualified applicant within the Downtown Implementation
District, provided the following conditions are met:
A. The Town's Local Comprehensive Plan has been certified
by the Cape Cod Commission as consistent with the Regional Policy
Plan, and said certification has not been revoked;
B. The Town has adopted the enabling regulation contained in §§
168-1 through
168-10, herein.
A regulatory agreement may be executed by and
between a qualified applicant and:
A. The Cape Cod Commission; or
B. The Cape Cod Commission and the Town of Barnstable;
or
C. The Cape Cod Commission and the Town of Barnstable
and with a state agency or agencies; or
D. The Town of Barnstable; or
E. The Town of Barnstable and a state agency or agencies.
A regulatory agreement is a binding contract
which is enforceable in law or equity by a Massachusetts court of
competent jurisdiction.