Bel Air reviews draft development-rights agreement; town counsel to clarify negotiation and approval steps
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Summary
Board members debated a draft Development Rights and Responsibilities Agreement (DRRA) and asked town counsel to make clear that the planning commission reviews land-use findings while the board approves the final agreement; staff will revise the draft and circulate it to commissioners.
The Board of Town Commissioners devoted extended discussion on Nov. 25 to a draft Development Rights and Responsibilities Agreement (DRRA) intended to allow limited early vesting in exchange for public exactions. Town counsel walked the board through the draft language and the attorney-general guidance the town consulted about process and roles.
Key points: Counsel read the draft's definition: "development rights and responsibilities agreement means an agreement between the Bellaire Board of Town Commissioners and a person having legal or equitable interest in the property to establish conditions under which the development may proceed for a specified time." Commissioners pressed for stronger clarity in procedures so the board and the planning commission do not duplicate or usurp each other's roles.
Procedure and checks: Counsel and staff described the proposed workflow: a developer would file a petition with the zoning administrator; staff would prepare a report for the planning commission, which must find whether a proposed exaction is consistent with the comprehensive plan; once the planning commission approves the concept plan and exaction, the DRRA would return to the board for a public hearing and a resolution authorizing the town administrator to execute the agreement on the board's behalf. Commissioners asked counsel to clarify language that currently says the town administrator can "enter" and also "execute" agreements so the document does not unintentionally delegate board approval.
Substance and remedies: The draft contemplates negotiable exactions in exchange for vesting (example time frames discussed included five-year vesting). Counsel confirmed typical DRRA practice can include provisions requiring developers to pay the town's attorneys' fees and expert costs if the town must enforce the agreement.
Board direction: Commissioners asked staff to revise the draft to make the approval-and-execution pipeline explicit (board authorizes; town administrator executes after board approval) and to expand procedures about filing, public hearings and what constitutes substantial progress under the agreement. Staff and counsel agreed to make the edits and circulate the revised draft by email for further comment.