[HISTORY: Adopted by the Mayor and Council of the City of Taneytown 5-12-2008 by Ord. No. 2-2008. Amendments noted where applicable.]
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.
- COMPREHENSIVE PLAN
- The current City of Taneytown Comprehensive Plan as adopted by Mayor and Council of the City of Taneytown under the provisions of Md. Ann. Code, Art. 66B.
- 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.
- MAYOR AND COUNCIL
- Mayor and Council of the City of Taneytown, Maryland.
- PLANNING COMMISSION
- The City of Taneytown Planning Commission.
- The parcel or parcels of real property to be developed which are the subject of an agreement.
- PUBLIC PRINCIPAL
- The governmental entity of the City of Taneytown 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, Art. 66B, § 13.01 to enter into development rights and responsibility agreements and shall act as the public principal.
Any applicant having a legal or equitable interest in real property in the City of Taneytown may petition the Mayor and Council to enter into an agreement.
The petition shall be filed with the City Manager.
The petition shall include a copy of the proposed agreement.
All persons with a lien interest in the property must authorize the petition.
The Mayor and Council shall first review the petition and determine whether to accept the petition and initiate this process.
If the Mayor and Council accept 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.
At a minimum, a development rights and responsibilities agreement shall contain the following:
An attorney's certification that the applicant has either a legal or equitable interest in the property;
The names of all persons having an equitable or legal interest in the property, including lien holders;
A legal description of the property subject to the agreement;
The duration of the agreement;
The permissible uses of the property;
The density or intensity of use of the property;
The maximum height and size of structures to be located on the property;
A description of permits required or already approved for the development of the property;
A statement that the proposed development plan is consistent with the Comprehensive Plan and all applicable City regulations;
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
To the extent applicable, provisions for the:
Dedication of a portion of the property for public use;
Protection of sensitive areas;
Preservation and restoration of historic structures;
Construction or financing of public facilities; and
Responsibility for attorney's fees, costs, and expenses incurred by the Mayor and Council in the event an agreement is abandoned or breached by the applicant.
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.
An agreement may fix the time frame and terms for development and construction on the property.
An agreement may provide for other matters consistent with this chapter, the Code of the City of Taneytown and Article 66B of the Maryland Annotated Code.
All persons with a lien interest in the property must execute the agreement.
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 accept the petition as provided in § 178-3E, the City 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 fourteen days prior to the hearing.
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.
An agreement may not prevent compliance with the laws, rules, regulations, and policies enacted after the date of the agreement, if the Mayor and Council determine that compliance with laws, rules, regulations and policies is essential to ensure the health, safety, or welfare of residents of all or part of the City of Taneytown.
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.
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 § 178-8 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 § 178-7 above.
Any negotiations between a Mayor and Council and the applicant or the applicant's agents concerning an agreement shall be conducted in open session.