[Added 10-4-2004 by Ord. No. 04-04]
The purpose of this article is to provide an additional technique for land development consistent with the Comprehensive Plan as authorized by the Annotated Code of Maryland. It is the purpose of this article to enhance development flexibility, innovation and quality while ensuring protection of the public interest, health, safety and welfare.
The County Commissioners' desire to exercise the authority granted by Section 13.01 of Article 66b, Annotated Code of Maryland, to authorize development rights and responsibilities agreements generally.
Editor's Note: Said article was repealed by Acts 2012, 426, effective 10-1-2012. See now the Land Use Article, § 7-301 et seq.
Any person having a legal or equitable interest in real property in Charles County may petition the County Commissioners to enter into an agreement.
At a minimum, a development rights and responsibilities agreement shall contain the following:
A lawyer's certification that the petitioner has either a legal or equitable interest in the property;
A legal description of the property subject to the agreement;
The names of all parties having an equitable or legal interest in the property, including lienholders;
The duration of the agreement, including any proposed phasing plans for the development;
The permissible uses of the real property;
The density or intensity of use of the real property;
The maximum height and size of structures to be located on the real property;
Architectural elevation sketches;
A description of the plan approvals and permits required or already approved for the development of the property;
A statement that the proposed development is consistent with applicable development regulations and the Comprehensive Plan;
A description of the conditions, terms, restrictions or other requirements determined by the County Commissioners or their designees to be necessary to ensure the public health, safety, or welfare;
Provisions to the effect that the petitioner shall be responsible for attorney's fees, costs, and expenses incurred by the County Commissioners in the event an agreement is abandoned or breached by the petitioner.
An agreement may fix the period in and terms by which development and construction may commence and be completed, as well as provide for other matters consistent with this title, including but not limited to phasing schedules and grandfather provisions.
Upon receipt of a petition, the County Commissioners shall refer the petition to the Planning Commission, which may conduct a public hearing, for a determination on whether the proposed agreement is consistent with the Comprehensive Plan. The County Commissioners may not enter into an agreement until the Planning Commission determines whether the proposed agreement is consistent with the Comprehensive Plan. The Commissioners may, however, choose not to accept the Planning Commission recommendation.
Before an agreement may be executed by the County Commissioners, the Commissioners shall hold a public hearing on the agreement. Notice of the hearing shall be as provided in Article 66b, Section 4.04 of the Annotated Code of Maryland.
Editor's Note: Said article was repealed by Acts 2012, 426, effective 10-1-2012. See now the Land Use Article, §§ 4-203 and 4-208.
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 agreement shall be the laws, rules, regulations, and policies in force at the time the parties execute the agreement, including, without limitation, requirements as to the adequacy of public facilities governing roads, schools and the water supply system.
[Amended 10-25-2016 by Bill No. 2016-07]
If the County Commissioners determine that compliance with laws, rules, regulations, and policies enacted or adopted after the effective date of the agreement is essential to ensure the health, safety, or welfare of residents of all or part of the County, an agreement shall not prevent the Commissioners from requiring a person to comply with those laws, rules, regulations, and policies, after 30 days' notice to the landowner and a public hearing.