Chapter 8.100 — CONTRACT ZONING

Where the town council finds that the conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare it may impose reasonable conditions to the land use reclassification of property by a recorded agreement with the owners of record of the property.

(Prior code § 8-4501)

The conditions shall be those which the council determines are necessary to avoid circumstances inimical to the public health, safety or general welfare, or to fulfill public needs reasonable expected to result from the allowable uses and development. The conditions shall be reasonably so designed and reasonably related to the necessities of each case considering all the surrounding facts and circumstances.

These conditions may relate to but are not intended to be confined to special problems of the property if rezoned, such as water supply, sewers, utilities, drainage, grading, topography, access, pedestrian or vehicular traffic, and proposed physical developments affecting nearby properties.

(Prior code § 8-4502)

The ordinance reclassifying the property is not operative until the conditions are satisfied or assurance is provided by contract with adequate surety as determined by the council.

(Prior code § 8-4503)

The contract shall include those provisions considered necessary to carry out its purpose and may include covenants and guarantees concerning the following:

A.

Compliance with the plans and specifications submitted by the developer;

B.

Time within which the development must be started or completed and controlling the sequence of development, including when it must be commenced and completed;

C.

Protective measures that a developer must undertake for the benefit of neighboring property, such as the construction of fencing or the establishment of buffer areas;

D.

Minimizing adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted;

E.

Controlling the duration of use of development and the time within which structures must be removed;

F.

Assuring that development is maintained properly in the future;

G.

Provision for streets, other rights-of-way, utilities, parks, and other open space;

H.

Payment of an amount of money into a fund for the provision of streets, other utilities, parks or other open space;

I.

Creation or conveyance of interests in lands;

J.

Provision for the grant of a transferable development right. (Chapter 8.104)

(Prior code § 8-4504)