The County Commissioners of Caroline County
shall have the authority, to be exercised at their discretion, to
act as the governing body and the public principal to consummate,
amend and/or terminate development rights and responsibilities agreements
("DRRAs") as authorized under Title 7, Subtitle 3 of the Land Use
Article of the Annotated Code of Maryland. In addition, the County
Commissioners, at their discretion, shall have the authority to be
a party to a DRRA between a developer and another local government
within the County or between a developer and another governmental
entity that affects property within the County.
The purpose for consummating a DRRA is:
A.
For the developer. So that the developer can, through execution of a DRRA, establish for the duration of the DRRA the zoning and subdivision laws, regulations and requirements applicable to a proposed development thereby assuring, for the duration of the DRRA, that the laws, regulations, and requirements applicable to the proposed development will not be revised, altered, amended or otherwise changed, except as provided in this Article XXIII; to state the approvals required for the proposed development that have been conferred prior to the execution of the DRRA; and to assure that such approvals will not be revoked, except as provided in this Article XXIII.
B.
For the County. To obtain agreements from a developer
to make or do some or all of the following:
(1)
Dedications of land to public use and/or to the government
or public entities; and/or
(2)
Construction and/or financing of on-site and off-site
infrastructure improvements; and/or
(3)
Payments to the County and other public entities for
public services and improvements; and/or
(4)
Improvements to public lands; and/or
(5)
Preservation of agricultural, natural, environmental,
and/or heritage resources; and/or
(6)
A binding commitment that development will proceed
in accordance with plans and schedules submitted in conjunction with
the DRRA; and/or
(7)
Such other matters as may be determined by the County
Commissioners as are permitted by applicable law.
A.
A DRRA may not confer a right to develop contrary
to or in derogation of the applicable laws in effect at the time the
DRRA is executed.
B.
A DRRA may not excuse a developer from obtaining any
special use exception or variance otherwise required under the Zoning
Code, or any other approval required by law.
A.
Any person having a legal or equitable interest in
real property located within the unincorporated areas of the County
may petition the County Commissioners to enter into an agreement pertaining
to the development of that property.
C.
The County Commissioners may include a federal, state,
or local government jurisdiction or unit thereof as an additional
party to a DRRA.
A.
At a minimum, a DRRA shall contain the following:
(1)
A legal description of the real property subject to
the DRRA;
(2)
A certification that the person petitioning for the
DRRA has either a legal or equitable interest in the property, together
with a copy of the deed to the property which will be subject to the
DRRA and, where applicable, a copy of the contract of purchase or
sale, or other document that reflects the nature of the equitable
interest of the petitioner in the property;
(3)
The name, address, and contact information of each
person having any legal or equitable interest in the real property
subject to the DRRA. Information regarding an entity shall include
the name of its president or chief executive officer, its state of
organization, the address of its principal office, the name, address,
and contact information of the person within Maryland who will accept
service of process, a certificate of good standing from the entity's
state of organization, and documentation verifying registration with
the Maryland Department of Assessments and Taxation;
(4)
The duration of the DRRA;
(5)
The zoning district(s) and current land use(s) in
which the real property subject to the DRRA is located and the permissible
uses in such zoning district(s) under the Zoning Code in effect at
time of execution of the DRRA;
(6)
The density and intensity of use of the real property
permitted under the applicable zoning requirements, or, if the developer
has agreed to a plan of development that is less dense or intense
than that permitted under the Zoning Code, the density and intensity
to which the developer has agreed;
(7)
The maximum height and size of the structures and
buildings permitted under the applicable zoning requirements, or,
if the developer has agreed to a plan of development that calls for
structures and buildings of less height or size than that permitted
under the Zoning Code, the height and size to which the developer
has agreed;
(8)
All plan approvals, special use exceptions, variances
and/or other permits or approvals issued or conferred prior to the
execution of the DRRA shall be attached to the DRRA, and the DRRA
shall state all other plan approvals, special use exceptions, conditional
uses, or variances required prior to commencement of development;
(9)
An official resolution of the Planning Commission stating whether the development proposed by the DRRA is consistent with Caroline County plans and policies, which, for all purposes of this Article XXIII include, but are not limited to, the Comprehensive Plan, the Land Use Plan, the Water and Sewer Plan, Groundwater Protection Plan, the Transportation Plan, the Critical Area Plan, and the Solid Waste Plan, and with any other applicable development laws or regulations. The Planning Commission may include whatever conditions, or development requirements or limitations it deems necessary or appropriate to achieve compliance and consistency for the proposed development with Caroline County plans and policies or any other applicable development laws or regulations;
(10)
A description of the conditions, terms, restrictions
or other requirements determined by the County Commissioners to be
necessary to ensure the public health, safety and welfare;
(11)
To the extent necessary or appropriate for the
transactions and agreements contemplated in the DRRA, provisions for
bonding or other forms of security guaranteeing the performance of
the DRRA, including provisions concerning bankruptcy, default, dissolution,
and other events of nonperformance or inadequate performance; and
(12)
To the extent applicable to the proposed development
project, provisions for:
(a)
Dedication of a portion of the real property
for public use;
(b)
Protection of sensitive areas and/or environmental
resources;
(c)
Preservation and restoration of historic structures
and/or heritage resources;
(d)
Preservation of agricultural and/or natural
resources;
(e)
Construction or financing of public facilities;
and
(f)
A map of the subject property with all applicable
information available under the County's mapping system including
sensitive areas, environmental resources, heritage resources, and
other relevant and valuable data layers.
B.
A DRRA may fix the time frame and terms for development
and construction to commence and be completed, as well as provide
for other matters consistent with this title, including the phasing
of development in such a manner that public facilities and services
may be provided in an orderly and sequential fashion.
C.
A DRRA may include such other terms and conditions
not inconsistent with Title 7, Subtitle 3 of the Land Use Article
of the Annotated Code of Maryland, as from time to time amended.
A.
Application. A developer shall apply for a DRRA on
an application provided by the Department of Planning and Codes Administration,
and shall submit a completed application to the Department. The County
Commissioners, by resolution, may establish a fee structure for review
of an application that has the following components:
(1)
A base review fee;
(2)
Reimbursement for all expenses incurred by the County
to retain independent consultants with the expertise necessary to
review any submittals relative to the application, or to review determinations
of the infrastructure issues attendant with the proposed development,
or to review or analyze any aspect of the proposed development the
review of which is not customarily included in the fees routinely
charged by the County in connection with development plan review and
processes;
(3)
Payment of additional fees based on the size (number
of acres) of the proposed development; and
(4)
Reimbursement of any legal fees incurred by the County
for review of the application and the proposed DRRA.
B.
Public hearing. After the application is determined
to be sufficiently complete by the Planning and Codes Administrator
and a draft DRRA is ready for review by the Planning Commission, the
Planning Commission shall hold a public hearing to determine whether
or not the proposed DRRA is consistent with County plans and policies
and with any other applicable development laws or regulations.
D.
Determination of the Planning Commission. The Planning
Commission shall make specific findings within 60 days after completing
a public hearing on the application. The Planning Commission may find
the application and the proposed DRRA consistent or inconsistent with
County plans and policies. The Planning Commission may recommend conditions,
or development requirements or limitations that it deems necessary
or appropriate to make the development plan consistent with County
plans and policies. The County Commissioners may not enter into a
DRRA unless the Planning Commission makes a determination as to whether
or not the proposed DRRA is consistent with County plans and policies.
A.
Requirement of public hearing. The County Commissioners shall hold a public hearing on a proposed DRRA before executing such DRRA. This public hearing shall be held after the determination made by the Planning Commission pursuant to § 175-211.
B.
Notice of public hearing. The County Commissioners
shall hold a public hearing on the proposed DRRA, such hearing to
be held in accordance with the County's regular procedures for advertising
and conducting public hearings for ordinances.
C.
Determination of the County Commissioners. The County
Commissioners may accept or reject the consistency determination of
the Planning Commission. The County Commissioners may enter into a
DRRA regardless of the consistency determinations made by the Planning
Commission. The County Commissioners may reject, and/or impose additional
or different conditions, requirements or limitations than those recommended
by the Planning Commission, if any.
A.
Right to amend. Subject to Subsection B of this section, and after a public hearing conducted by the County Commissioners in accordance with § 175-212B, the parties to a DRRA may amend the DRRA by mutual consent. An amendment may not excuse compliance with all applicable laws and regulations in effect at the time of the execution of the DRRA, unless the reason for the amendment is to bring a previously approved plan into conformity with the current requirements of the Zoning Code, Subdivision Regulations,[1] and/or any other currently applicable development laws,
regulations or requirements. An amendment may not grant or confer
a right to develop that otherwise would have to be conferred by way
of the special use exception, conditional use, or variance process.
B.
Planning Commission consistency determination required.
The parties may not amend a DRRA unless the Planning Commission determines
that the proposed amendment is consistent with County plans and policies.
The amendment may be consistent either with County plans and policies
in effect at the time the DRRA was executed, or County plans and policies
in effect at the time of the proposed amendment.
D.
Determination of the Planning Commission. The Planning
Commission shall make specific findings within 60 days after completing
a public hearing on the proposed amendment. The Planning Commission
may find the proposed amendment to the DRRA consistent or inconsistent
with County plans and policies. The Planning Commission may recommend
conditions or development requirements or limitations that it deems
necessary or appropriate to make the proposed amendment consistent
with County plans and policies. The County Commissioners may not enter
into an amendment unless the Planning Commission determines the proposed
amendment is consistent with County plans and policies.
A.
The parties to a DRRA may terminate the DRRA by mutual
consent.
B.
If the County Commissioners determine that suspension
or termination of a DRRA is essential to ensure the public health,
safety, or welfare, the County Commissioners may suspend or terminate
such DRRA after a public hearing. Such public hearing shall be held
in accordance with the County's regular procedures for advertising
and conducting public hearings for ordinances.
A.
Except as provided in Subsection B of this section, the laws, rules, regulations and policies governing the use, density, or intensity of the real property subject to the DRRA shall be the laws, rules, regulations and policies in force at the time of DRRA execution.
B.
If the County Commissioners determine that compliance
with the laws, rules, regulations, and policies enacted or adopted
after the effective date of the DRRA is essential to ensure the health,
safety, or welfare of the residents of all or a part of Caroline County,
a DRRA may not prevent Caroline County from requiring a person to
comply with those laws, rules, regulations, and policies, including,
but not limited to, a party to such DRRA.
Unless terminated under § 175-214, the County Commissioners or the petitioner, and their successors in interest, may enforce a DRRA.
