Snow Hill City Zoning Code
ARTICLE XV
Developer's Rights and Responsibility Agreement
§ 200-136 Purpose and authority.
A.
The purpose of this article is to provide an additional technique for land development consistent with the Comprehensive Plan as authorized by the Annotated Code of Maryland. It is the purpose of this article to enhance development flexibility, innovation and quality while ensuring protection of the public interest, health, safety and welfare.
§ 200-137 Applicability.
A.
Any person having a legal or equitable interest in real property or a representative of a person having a legal or equitable interest in real property, in the Town of Snow Hill may petition the Mayor and Council to enter into an agreement.
B.
A petition shall be entirely voluntary on the part of the petitioner, and shall not be required by the Town or any of its agencies as a condition of any land use classification, designation, permit or approval.
§ 200-138 Contents of agreement.
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. The agreement shall be accompanied by a title report from an attorney or title company which includes copies of all plats, covenants, restrictions, easements and title encumbrances which affect the use, occupation, or location of improvements of the real property.
(2)
A certification that the petitioner has either a legal or equitable interest in the property, together with a copy of the instrument establishing such interest.
(3)
The names of all parties having an equitable or legal interest in the property, including lienholders.
(4)
The duration of the agreement.
(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)
Architectural elevation sketches, if required by the Mayor and Council.
(9)
A description of the plan approvals and permits required or already approved for the development of the property.
(10)
A statement that the proposed development is consistent with applicable development regulations and the Comprehensive Plan, with references to specific provisions of the applicable law or plan.
(11)
A description of the conditions, terms, restrictions or other requirements determined by the Mayor and Council, or their designees, to be necessary to ensure the public health, safety, or welfare.
(12)
To the extent applicable, provisions for:
(a)
Dedication or reservation of a portion of the real property for public or private uses.
(b)
Protection of sensitive areas.
(c)
Preservation and restoration of historic structures.
(d)
Construction or financing of public facilities.
(e)
Provisions to the effect that the petitioner shall be responsible for attorney's fees, costs, and expenses incurred by the Town in the event an agreement is abandoned or breached by the petitioner, or challenged by others.
B.
An agreement may fix the period in and terms by which development and construction may commence and be completed, as well as provide for other matters consistent with this title, including, but not limited to, 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 Town.
C.
An agreement shall be void five years after the day on which the parties execute the agreement unless:
§ 200-139 Referral to Planning Commission.
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.
§ 200-140 Public hearing by Mayor and Council.
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.
§ 200-141 Amendments of agreements.
A.
Subject to Subsection B 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 the Planning Commission determines whether the proposed amendment is consistent with the Comprehensive Plan. The Planning Commission shall make specific findings within 60 days of the referral of the proposed amendment.
§ 200-142 Applicable laws, regulations and policies.
A.
Except as provided in Subsection B of this section, the laws, rules, regulations, and policies governing the use, density, or intensity of the real property subject to the agreement shall be the laws, rules, regulations, and policies in force at the time the parties execute the agreement.
B.
An agreement may not prevent compliance with laws, rules, regulations, and policies enacted or adopted after the effective date of the agreement, if the Mayor and Council determine that imposition and compliance with these laws, rules, regulations and policies is essential to ensure the public health, safety, or welfare of residents of all or part of the Town.
§ 200-143 Recordation.
A.
An agreement shall be void if not recorded among the land records of Worcester County within 20 days after the day on which the Mayor and Council and the petitioner execute the agreement.
B.
When an agreement is recorded, the Mayor and Council and the petitioner(s), and their successors in interest, are bound to the agreement.
§ 200-144 Enforcement.
Unless terminated pursuant to this article, the Mayor and Council or the petitioner(s), and their successors in interest, may enforce the agreement.
§ 200-145 Fees.
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.