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Statutes Text

Article - Land Use




§23–104.

    (a)    (1)    In exercising the subdivision powers under §§ 23–102 and 23–103 of this subtitle, the Commission or the governing body of Montgomery County or Prince George’s County may adopt subdivision regulations and amendments governing a subdivision in:

            (i)    the regional district; or

            (ii)    the respective portion of the regional district in the county.

        (2)    Except as provided in paragraph (3) of this subsection, the regulations and amendments adopted under this section:

            (i)    shall be adopted by the respective governing body of the county;

            (ii)    may be amended by the respective governing body of the county; and

            (iii)    shall be effective from:

                1.    the date of adoption; or

                2.    the date designated by the respective governing body of the county.

        (3)    If the governing body of the county designates an effective date for the subdivision regulations, the effective date may not affect:

            (i)    the county planning board’s administration of the regulations; or

            (ii)    the county planning board’s functions under §§ 23–102 and 23–103 of this subtitle.

    (b)    (1)    In Montgomery County:

            (i)    within 3 days after adopting a subdivision regulation or amendment, the district council shall submit the regulation or amendment to the County Executive; and

            (ii)    within 10 days after the subdivision regulation or amendment is submitted, the County Executive shall approve or disapprove the regulation or amendment.

        (2)    If the County Executive disapproves the subdivision regulation or amendment, the County Executive shall return the regulation or amendment to the district council with the reasons for the disapproval stated in writing.

        (3)    By the affirmative vote of six of its members, the district council may enact the subdivision regulation or amendment over the disapproval of the County Executive.

        (4)    A subdivision regulation or amendment that has not been disapproved by the County Executive in accordance with this subsection is considered to be approved.

    (c)    (1)    Subject to paragraph (2) of this subsection and subsection (d) of this section, the subdivision regulations may include provisions for:

            (i)    the harmonious development of the regional district;

            (ii)    the coordination of roads within the subdivision with:

                1.    existing planned or platted roads;

                2.    features of the regional district;

                3.    that county’s general plan; or

                4.    a transportation plan adopted by the Commission as part of that county’s general plan;

            (iii)    1.    adequate open spaces for transportation, recreation, light, and air, by dedication or otherwise;

                2.    the dedication to public use or conveyance of areas designated for dedication under the zoning and subdivision regulations; and

                3.    in lieu of dedication, the payment of a monetary fee that meets the requirements of subsection (d) of this section;

            (iv)    the reservation of land for:

                1.    public buildings, including schools;

                2.    parks and playgrounds;

                3.    roads;

                4.    mass transit facilities, including busways or light rail facilities; and

                5.    any other public purpose;

            (v)    the conservation or production of adequate transportation, water drainage, and sanitary facilities;

            (vi)    the preservation of the location of, the volume and flow of water in, and other characteristics of natural streams and other waterways, including the establishment of a stormwater management program in Montgomery County for the purpose of:

                1.    allowing the county to accept monetary contributions;

                2.    granting an easement; or

                3.    dedicating land;

            (vii)    the proper management of growth and development;

            (viii)    the avoidance of a scattered or premature subdivision that otherwise may:

                1.    result in danger or injury to health, safety, or welfare due to the lack of water supply, drainage, transportation, or other public services; or

                2.    necessitate an excessive expenditure of public funds for the supply of services;

            (ix)    the conformity of resubdivided lots to the character of lots within the existing subdivision with respect to area, frontage, and alignment to existing lots and roads;

            (x)    except for agricultural or recreational purposes, the control of subdivision or building in floodplain areas and in streams and drainage courses, and on unsafe land areas;

            (xi)    the preservation of outstanding natural or cultural features and historic sites or structures;

            (xii)    any benefit to the health, comfort, safety, or welfare of the present and future population of the regional district;

            (xiii)    the extent and manner to which the following actions shall be taken before the approval of a plat:

                1.    the grading and improvement of roads;

                2.    the building of curbs, gutters, and sidewalks;

                3.    the installation of water, sewer, and other utility mains, piping, connections, and facilities; and

                4.    the planting or conservation of trees; or

            (xiv)    in Montgomery County:

                1.    adequate recreational facilities; or

                2.    in lieu of providing recreational facilities, the payment of a fee that does not exceed the cost of providing adequate recreational facilities to serve the subdivision.

        (2)    (i)    Unless each person that owns a legal or equitable interest in the property has provided written approval, the subdivision regulations may not provide for a reservation of land for traffic, recreation, or any other public purpose for a period longer than 3 years.

            (ii)    A property that is reserved for public use under the subdivision regulations shall be exempt from all State, county, and local taxes during the period of reservation.

    (d)    (1)    Subject to paragraph (2) of this subsection, a monetary fee that is paid in lieu of a dedication of land for the use and benefit of the subdivision in cases where dedication would be impractical under subsection (c)(1)(iii) of this section shall:

            (i)    be based on the current market value of the land after the land is approved for development; and

            (ii)    1.    be used by the Commission to purchase open spaces; or

                2.    be used by the Commission to develop or otherwise improve land or recreational facilities that will assist in supplying the overall recreational needs of the subdivision if:

                A.    the Commission determines that suitable land is not available for acquisition to serve the subdivision from which a fee has been exacted; or

                B.    adequate open space has previously been acquired and is available to serve the subdivision.

        (2)    If the subdivision is in a municipal corporation in Prince George’s County that is not in the metropolitan district but is in the regional district, on request by the municipal corporation, the mandatory fee in lieu of dedication received by the Commission shall be paid to and used by the municipal corporation to:

            (i)    purchase open space for the use and benefit of the subdivision; or

            (ii)    develop or otherwise improve land or recreational facilities that will assist in supplying the overall recreational and open space needs of the subdivision.



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