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<article heading="Article 3. Growth Policies.">
  <section heading="Sec. 33A-15. Growth and Infrastructure Policy.">
    <paragraph indent="1">(a)    Purpose; Policy.</paragraph>
    <paragraph indent="2">(1)   The purpose of this Article is to establish a process by which the County Council can give policy guidance to agencies of government and the public on matters concerning:</paragraph>
    <paragraph indent="3">(A)   land use development;</paragraph>
    <paragraph indent="3">(B)   growth management; and</paragraph>
    <paragraph indent="3">(C)   related environmental, economic, and social issues.</paragraph>
    <paragraph indent="2">(2)   The policy guidance will be provided through the adoption by the County Council of a Growth and Infrastructure Policy, which is intended to be an instrument that facilitates and coordinates the use of the powers of government to limit or encourage growth and development in a manner that best enhances the general health, welfare, and safety of the residents of the County.</paragraph>
    <paragraph indent="2">(3)   The County Council must adopt a Growth and Infrastructure Policy every 4 years.  The policy must include guidelines for the Planning Board, and other agencies as appropriate, for their administration of Section 50-35(k) and other laws and regulations which affect the adequacy and timing of public facilities needed to support growth and development.  This policy is the growth policy referred to in Article 28 of the Maryland Code and in Section 50-35(k) and elsewhere in the County Code.</paragraph>
    <paragraph indent="1">(b)   Duties of the County Planning Board.</paragraph>
    <paragraph indent="2">Every fourth year, in the second year of a Council term, the Planning Board must produce a recommended Growth and Infrastructure Policy.</paragraph>
    <paragraph indent="2">(1)   By June 15, the Board must send to the Council a staff draft Growth and Infrastructure Policy which includes:</paragraph>
    <paragraph indent="3">(A)   a status report on general land use conditions in the county, including the remaining growth capacity of zoned land, recent trends in real estate transactions, the level of service conditions of major public facilities and environmentally sensitive areas, and other relevant monitoring measures;</paragraph>
    <paragraph indent="3">(B)   a forecast of the most probable trends in population, households, and employment for the next 10 years, including key factors that may affect the trends;</paragraph>
    <paragraph indent="3">(C)   a recommended set of guidelines for the Board, and other agencies as appropriate, with respect to subdivision staging and administration of related laws and regulations which affect growth and development; and</paragraph>
    <paragraph indent="3">(D)   any other information or recommendations relevant to the Growth and Infrastructure Policy or requested by the Council in the course of adopting the Growth and Infrastructure Policy or by a later resolution.</paragraph>
    <paragraph indent="2">(2)   By August 1, the Board must approve and send to the Council a recommended Growth and Infrastructure Policy.</paragraph>
    <paragraph indent="2">(3)   The Board must promptly make available to the County Executive, other agencies (including the Office of Zoning and Administrative Hearings and the People’s Counsel), and the public copies of the staff draft and the Board’s recommended Growth and Infrastructure Policy.</paragraph>
    <paragraph indent="1">(c)   Duties of the County Executive.</paragraph>
    <paragraph indent="2">(1)   Every fourth year, in the second year of a Council term, the Executive must send to the Council by September 15 any revisions to the Growth and Infrastructure Policy recommended by the Planning Board in the form of specific additions and deletions.</paragraph>
    <paragraph indent="2">(2)   The Executive must promptly make available to the Planning Board, other agencies, and the public copies of the Executive’s recommendations.</paragraph>
    <paragraph indent="2">(3)   The Executive must assist the Planning Board to compile its status report for the recommended Growth and Infrastructure Policy by making available monitoring data which is routinely collected by executive branch departments.</paragraph>
    <paragraph indent="1">(d)   Duties of the County Board of Education.</paragraph>
    <paragraph indent="2">(1)   Every fourth year, in the second year of a Council term, the Board of Education must send to the Council by September 15 any comments on the recommended Growth and Infrastructure Policy submitted by the Planning Board and the Executive’s recommendations, including any proposed revisions in the form of specific additions or deletions.</paragraph>
    <paragraph indent="2">(2)   The Board of Education must promptly make available to the Planning Board, the Executive, and the public copies of these comments and revisions.</paragraph>
    <paragraph indent="2">(3)   The Board of Education must assist the Planning Board to compile its status report for the Growth and Infrastructure Policy by making available monitoring data which is routinely collected by Montgomery County Public Schools staff.</paragraph>
    <paragraph indent="1">(e)   Duties of the County Council.</paragraph>
    <paragraph indent="2">(1)   After receiving the recommended Growth and Infrastructure Policy, the recommendations of the Executive, and any other agency comments, the Council must hold a public hearing on the recommendations and comments.</paragraph>
    <paragraph indent="2">(2)   Every fourth year, in the second year of a Council term, the Council must adopt by November 15 a Growth and Infrastructure Policy to be effective until November 15 four years later. If the Council does not adopt a new Growth and Infrastructure Policy, the Growth and Infrastructure Policy adopted most recently remains in effect.</paragraph>
    <paragraph indent="1">(f)   Amending the Growth and Infrastructure Policy.</paragraph>
    <paragraph indent="2">(1)   The County Council, the County Executive, or the Planning Board may initiate an amendment to the Growth and Infrastructure Policy.</paragraph>
    <paragraph indent="2">(2)   If the Executive initiates an amendment:</paragraph>
    <paragraph indent="3">(A)   the Executive must send it to the Council, the Planning Board, and other agencies, and make copies available to the public;</paragraph>
    <paragraph indent="3">(B)   the Planning Board must send any comments on the proposed amendment to the Council and the other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and</paragraph>
    <paragraph indent="3">(C)   the Council may amend the Growth and Infrastructure Policy after giving the Planning Board and Board of Education an opportunity to comment and holding a public hearing.</paragraph>
    <paragraph indent="2">(3)   If the Planning Board initiates an amendment:</paragraph>
    <paragraph indent="3">(A)   the Planning Board must send it to the Council, the Executive, and other agencies, and make copies available to the public;</paragraph>
    <paragraph indent="3">(B)   the Executive must send any comments on the proposed amendment to the Council and other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and</paragraph>
    <paragraph indent="3">(C)   the Council may amend the Growth and Infrastructure Policy after giving the Executive and Board of Education an opportunity to comment and holding a public hearing.</paragraph>
    <paragraph indent="2">(4)   If the Council initiates an amendment:</paragraph>
    <paragraph indent="3">(A)   the Council must send it to the Executive, the Planning Board, and other agencies, and make copies available to the public;</paragraph>
    <paragraph indent="3">(B)   the Executive and the Planning Board must send any comments on the proposed amendment to the Council and other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and</paragraph>
    <paragraph indent="3">(C)   the Council may amend the Growth and Infrastructure Policy after a public hearing.</paragraph>
    <paragraph indent="2">(5)   If it finds that an emergency so requires, the Council may hold the public hearing and adopt an amendment before receiving comments under subparagraphs (2)(B), (3)(B), or (4)(B).</paragraph>
  </section>
  <section heading="Sec. 33A-16. Reserved." />
</article>