§ 9-6. Development agreement.

A. 

In lieu of applying the specific provisions of this article, a person seeking to undertake a development described in § 9-3 may apply to the Town to enter into a development agreement pursuant to the Town's Development Agreement Ordinance. The Barnstable Housing Committee shall act as a reviewing body for any development agreement proposed under this section and shall advise the Town Council if such development agreement provides benefits to the Town that are at least as beneficial to the Town as the affordable housing benefits provided for in this article. In deliberating possible development agreement provisions, the Town shall take into consideration any combination of the following:

(1) 

Conveyance to the Town or the Town's designee of land that the Town determines to be suitable for the construction of at least as many dwelling units as are required by § 9-4.

(2) 

The construction of required dwelling units at locations in the Town of Barnstable other than the location that is the subject of the application.

(3) 

Payment into the Local Housing Fund in lieu of dedication or construction of each whole residential lot or residential unit required by § 9-4B or D.

(4) 

Any dwelling units built or lots conveyed pursuant to this section shall be of a design and quality and in locations found by the Town to be consistent with the Comprehensive Plan, including the requirement that affordable housing be distributed throughout the Town.

(5) 

The need for any other requirements or restrictions in a development agreement that are necessary or appropriate to assure that the purposes of this article are carried out. Such requirements may include, but are not limited to, design standards, regulatory agreements, monitoring and reporting requirements, unrestricted access to the applicant's financial records, periodic audits and penalties for noncompliance

B. 

Development agreement applicants are encouraged to provide at least 70% of any dwelling units or house lots to be provided under a development agreement for persons or families living or working in the Town or having a substantial historical and current connection with the Town by reason of prior residence or attendance at Town schools and current residence of close relatives in the Town.