Development agreements are contracts between municipalities and individual developers that spell out what the developer must do to develop a particular project.  These voluntary agreements can cover topics as diverse as what kind of uses will occur on the land in question, the timeframe for the development, how many units will go on the property and the maximum size of the proposed buildings, and what kind of access to public facilities and services will be available to the development.  They can increase the chance of favorable outcomes for both parties involved by making the development process more predictable, as well as ensuring that the restrictions and the benefits are tailored to the circumstances of a particular project.  

In Massachusetts, municipalities currently can enter into development agreements, especially around zoning changes that enable specific types of development to occur.  However, development agreements are not formally structured to either preclude extraneous and time consuming negotiations, or to reinforce state and regional goals.  A legislative change would be necessary to clarify municipalities’ power to enter into development agreements with the private sector, as well as to align the development agreements with broader goals.

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