Chapter 50. Subdivision of Land - Regulations

2. These regulations are intended to identify the steps that an applicant must take to apply for the review and approval of specific types of development approvals that are acted upon by either the Board or Director, and to provide a comprehensive explanation of what is involved in processing a development application, including the steps to ensure a thorough and timely review.

B. Applicability. The development review process covered in these regulations applies to all development applications submitted to the Montgomery County Planning Department and acted upon by the Board or Director under Chapter 50 and Chapter 59 of the County Code. In addition, the noticing procedures covered in these regulations also apply to forest conservation plans not associated with preliminary plans, administrative subdivision plans, sketch plans, site plans, signature business headquarters plans or biohealth priority campus plans.

C. Definitions. All terms used in these regulations that are defined in Chapter 22A, Chapter 50, or Chapter 59 have the same meanings as the definitions in those Chapters.

D. Rules of interpretation. The rules of interpretation contained in Chapter 22A, Chapter 50, and Chapter 59 apply to these regulations. Footnotes used in these regulations are a part of the requirements.

B. Planning Department staff and other government agency and utility company staff who participate in the review of development applications must:

1. Review each application carefully, fairly, and in a timely manner.

2. Participate in scheduled Development Review Committee (DRC) meetings, either in person or by transmitting written comments to the DRC chair.

3. Make reasonable efforts to participate, when necessary, in supplemental meetings on specific cases, as requested by either the lead reviewer or the applicant.

4. Work collaboratively to identify and seek mutually satisfactory resolutions, using the lead-agency protocol for conflicting recommendations created though a Memorandum of Understanding between the Planning Department and several of the agency members of the DRC to involve appropriate managers or chiefs from the conflicting agencies.

5. Report recommendations to the Board that are contrary to Planning staff’s in the rare event that agencies with conflicting comments are unable to timely reach a mutually satisfactory recommendation on issues related to a development application after following the protocol referenced above.

C. Applicants must:

1. Select a development team, consultants, and representatives appropriate for the project.

2. Follow Planning Board and County policies, procedures, and regulations related to the proposed development project.

3. Submit complete and accurate applications.

4. Refer questions, issues, and all revisions concerning the filed application to the lead reviewer.

5. Notify the lead reviewer promptly if there is a major change to the development project under review.

6. Work with review staffs and the public in a cooperative manner to seek a mutually satisfactory resolution when issues arise.

2. Amendment to a Preliminary or Site Plan to change an associated Forest Conservation Plan. Preliminary or site plan amendments that involve amendments to associated forest conservation plans may be filed as minor amendments.

3. Amendments to Sketch Plans. Sketch Plans can be amended by filing a separate amendment application, or as part of a subsequent site plan application pursuant to Section 59.7.3.3.I of the Zoning Ordinance. A site plan must be submitted within 36 months after the date of the resolution for the sketch plan, and any request to amend the sketch plan to extend this period must be filed prior to the expiration of the 36-month period.

4. Changes to Site Plan-approved structures. A structure located on property covered by an approved site plan may be replaced without applying for a site plan amendment if the replacement conforms to the specifications approved as part of the site plan; for instance, replacing an existing fence or retaining wall, in kind. Changes that do not conform to approved specifications must be filed as a minor or major site plan amendment, as appropriate, except for those changes allowed under 59-7.3.4.G.2.

i. Installation of a new playground or removal of an existing one requires review and action under the minor site plan amendment process.

ii. Replacing playground equipment requires review and approval by Planning Department staff. Such a change is not classified as a site plan amendment. The following rules apply to the substitution of playground equipment, for a site that has an approved site plan and specific playground equipment requirements:

a. A request for a playground equipment substitution must be made by submitting a complete Recreational Equipment Substitution Request Form.

b. The form may be filled out by the provider of the proposed playground equipment, but the project developer must also submit a cover letter confirming that the current site plan applicant supports the proposed substitution.

c. Staff must review the substitution request to determine if the proposed equipment is equal in capacity, features, age group served, and quality2 (including conformance with CPSC and ASTM3 safety standards.)

d. If staff does not render a decision as to whether the proposed substitution meets the “or approved equal” standard within 45 calendar days after the applicant’s complete submission of a Recreational Equipment Substitution Request Form, the substitution is automatically approved.

e. After deciding, staff must reply, in writing, to the current site plan applicant. If the request is denied, the staff must specify, in writing, each reason for the denial. Staff must place a copy of the reply letter in the site plan file. The site plan applicant may appeal a denial to the Board.

C. Other Application Types. An application must also be submitted to the Planning Department for the following:

1. Subdivision Waiver Request. A request for a waiver from the requirement to submit a preliminary plan or administrative subdivision plan under Division 50.9 of Chapter 50.

2 Adequate Public Facilities (APF) Review at Building Permit. A request for Planning Board APF review and finding required under Chapter 8 before issuance of a building permit for development on an existing recorded lot that is not subject to a previous preliminary plan approval, and does not require a site plan under Chapter 59, Section 7.3.4.; a signature business headquarters plan under Chapter 59, Section 7.3.5.; or a biohealth priority campus plan under Chapter 59, Section 7.3.6.

3 Request to Extend a Hearing Date. A request for extension of a Board hearing date pursuant to Chapter 59, Sections 7.3.3.C or 7.3.4.C, and Chapter 50, Section 4.1.E.

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1 A plan amendment is different than a plan revision. A plan revision is a change to a submitted application that an applicant chooses to make prior to action. Significant revisions may, on a case-by-case basis, require re-notice of the application.

2 The equipment proposed must also be able to fit in the space shown on the site plan. If the proposed substitution becomes so big that it no longer fits in the “play area” shown on the site plan, a site plan amendment is required.

3 If there is a conflict between Consumer Product Safety Commission (CPSC) and American Society for Testing and Materials (ASTM) standards, ASTM standards will govern.

i. Abutting and Confronting Property Owners. The applicant must compile the names and addresses of the owners of properties that are adjacent to the project site or directly across a right-of-way, of a width of less than 80 feet, from the project site. This list must be based on tax assessment ownership records from the Maryland Department of Assessments and Taxation (SDAT), Real Property Database. If an abutting or confronting property includes a multi-unit building (residential, non-residential, or mixed use), the notice list must include the property owner, the building management company, and the condominium association, if any. The list must also include any individual unit owner or renter in the building who has registered to receive notices on the MNCPPC website. If an abutting or confronting property is a recorded open space parcel for a subdivision, the applicant’s notice list must include the homeowners’ association, condominium association, or renters’ association and any individual owner of a property in that subdivision that is located within 300 feet of the subject property.

ii. Civic, Community, Condominium Associations, Homeowners’ and Renters’ Associations, and Municipalities.

a. The civic, community, condominium and homeowner’s associations that have registered with M-NCPPC4 and are either: a) located within a half-mile radius of the center point of the subject property; or b) an association that has requested to receive notices for all development applications. At staff’s discretion, this list may be expanded for large or unusually shaped properties to include associations within a half-mile radius from a point or points along the property boundary, or to include a larger radius from the center point.

b. For a project that proposes to amend only a part of a site which is covered by an approved preliminary and/or site plan, and the site has been partially constructed, sold, and occupied, the project’s notice list is generated from the boundary of the amendment area. Property owners, including any individual unit owner or renter in a multi-unit building within the area being amended who has registered to receive notices on the MNCPPC website, must be included in the notice list. Residents who are not property owners within the constructed part of the site must be notified of the proposed project through their HOA or Community Association.

c. Planning staff may require the applicant to add to the applicant’s notice list any common ownership association or civic association listed in the Planning Department’s records that abuts or confronts a public facility not adjacent or close to the project site, but which may require construction or improvement because of the proposed project. If required during plan review, as opposed to initial application, this notice must be directed to each designated association no later than 30 calendar days before the Board’s hearing on the application.

iii. Pre-Submittal Community Meeting Participants. An applicant for certain plan types is required to hold a community meeting before the application is submitted to the Planning Department. Only meeting participants who have asked to receive future notices are required to be on the notice list.

iv. Parties of Record from Previous Applications. If a project site has an approved plan, and an applicant applies for a plan amendment, individuals or groups that were identified as Parties of Record in the earlier application must be added to the notice list of the current application. For example, a notice list for a preliminary plan amendment would include all individuals and groups who were identified as Parties of Record for the original preliminary plan application, in addition to those who meet the criteria covered above.

v. Others. The IRC Division – Intake Section must be included on the applicant’s notification list. The applicant and members of the applicant’s team who wish to receive notices should also be included.

B. Pre-submittal Community Meetings. For a sketch plan, preliminary plan, site plan, signature business headquarters plan, or biohealth priority campus plan, the applicant must hold at least one public pre-submittal community meeting no more than 90 calendar days before the initial application date. The purpose of the meeting is to explain the proposed project, address concerns about its impact on the community, and notify those attending of their right to participate in the review process. The applicant must expressly invite all individuals on the notice list and must also post one or more signs that are visible from the street on the property. The meeting must be held on an evening or a weekend, in a location convenient to the proposed development site. The applicant must provide a sign-in sheet at the meeting so that attendees can identify themselves and provide their mailing address, if they wish to receive future notices.

C. Site Posting. In addition to site posting required for notice of the pre-submittal community meeting, the applicant must post one or more signs at the development site for the plans noted in the table in subsection A.1 above, indicating that an application has been filed. The applicant must:

1. pay all costs associated with the sign posting requirements;

2. monitor the signs and replace any damaged or illegible signs; and

3. maintain posted pre-submittal community meeting signs until the date the meeting is held, and application signs throughout the review of the application.5

i. Pre-Submittal Community Meeting signs must be posted at least 15 days before the meeting is held.

ii. Signs to advertise the filing of the application must be posted before the application is accepted.

i. A minimum of one sign must be placed parallel to each public or private street that is adjacent to the property.

ii. If the frontage for a street adjacent to the project site is more than 500 feet long, an additional sign must be posted adjacent to the street for every 500 feet of frontage.

iii. Signs are not required to be placed along and adjacent to a freeway.

iv. Signs must be placed on the property in the most visible location available in such a manner that landscaping or other features do not impair or obstruct the visibility of the signs from the street.

v. Signs must be posted within the project site, no more than 10 feet behind the property line adjacent to a street right-of-way or the access easement covering a private street.

vi. Signs must not be placed within a street right-of-way or private street access easement.

vii. For a large site or one with unusual constraints, the requirements listed above may be modified by Planning Department staff to provide good visibility of posted signs.

i. Signs advertising a Pre-Submittal Community Meeting must include:

a. meeting date, time, and place;

b. purpose of the meeting; and

c. applicant’s contact information.

ii. Signs advertising the submission of the application must include:

a. project name as it appears on the accepted application;

b. project number, as assigned by the Planning Department at the time of the application submission;

c. type of plan (i.e., preliminary plan, site plan, etc.);

d. size and zoning of the site;

e. each proposed use, and its associated proposed number of dwelling units, if residential use is proposed, and/or square footage of all non-residential buildings identified by type (i.e., office, retail, etc.); and

f. Planning Department contact information.

D. Written Notice.

1. Timing. Required written notice must be sent per the following table:

Requirements | Pre-submittal Community Meeting 1 | Application Notice | Hearing Notice Sign Posting | At least 15 days before meeting | Before application is accepted | Written Notice Sent 2 | At least 15 days before meeting | No more than 5 days after application is accepted | At least 10 days before hearing date Posting on Planning Board Agenda | | | At least 10 days before hearing date 3 Responsible Party | Applicant | Applicant | Planning Department Staff

1 Must occur no more than 90 days before an application is filed.

2 By First-Class Mail

3 At least 7 calendar days before the Board meeting for an application that will be reviewed by the Board but acted on by another agency.

2. Standards. Written notice sent by the applicant and Planning Department staff must meet the following standards:

i. date, time, and place for the meeting;

ii. date that the notice is sent;

iii. name and contact information of applicant or applicant’s representative. The listed individual must be available to provide further information about the proposed project and respond to any reasonable public request;

iv. proposed project name;

v. type of application that will be filed;

vi. property street address or other easily understood geographical reference to the location of the project site;

vii. property size and zoning;

viii. proposed use and density of development; and

ix. website and phone number for the IRC Division.

i. Notice letter. The notice letter must be sent to everyone on the notice list and any individuals who requested notice at the pre-submittal community meeting and must contain:

a. application number, as assigned by the Planning Department;

b. date that the notice was sent;

c. project name;

d. plan type;

e. property street address or other easily understood geographical reference to the location of the project site;

f. property size and zoning;

g. proposed use and density of development, if applicable, and if the application is an amendment to an approved plan, the changes that are proposed;

h. tentative Board hearing date scheduled by the Planning Department, if applicable;

i. deadline date for receiving comments on the application, if applicable; and

j. contact address and phone number for the IRC Division.

ii. Notice letters for applications submitted for Director approval. The applicant must expand the notice list under subsection 50.10.01.04.A.2 above, to include all other parties of record noted in any previous files related to the current amendment, and mail the notice to all parties. In addition to the items in subsection 50.10.01.04.D.2(b)i above, the notice letter must include a deadline (at least 15 days after the mailing date of the notice) for the submission of comments regarding the application.

iii. Additional items. The following attachments must be included with the notice letter:

a. Separate, legible 11" x 17" copy of the applicant’s proposed plan drawing for the project.

b. Latest version of the Planning Department’s brochure, entitled ”Development Applications in Montgomery County”.

i. Written notice. The notice must be sent to everyone on the notice list, anyone who requested notice and provided a mailing address at the pre-submittal community meeting or any other time during application review, and any individuals who submitted written comments and included a mailing address regarding the application. The notice must contain:

a. date and location of the meeting;

b. project name;

c. application number;

d. plan type;

e. property size and zoning;

f. project location; and

g. description of the proposed development or application.

ii. Website posting. The Board’s Weekly Agenda provides a notice for the general public of items to be reviewed by the Board, and public access to a staff report for each item where one is required. Information that can be found for each item on the agenda includes:

a. project name and plan number;

b. brief description of the application and project site;

c. area team lead review staff name;

d. staff recommendation and link to the staff technical report, if required; and

e. item number on the agenda and approximate time of day that the Board will take up the item.

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4 Applicants may use the Association Finder Interactive Map tool, a GIS-based map created and maintained by the Planning Department for convenience.

5 If an applicant does not maintain a properly posted sign on the project site, the Board may postpone a hearing on the application until the applicant has demonstrated that the site has been properly posted for at least 30 consecutive calendar days. Signs may be removed from the property after Board or Director action, as required, has been taken on the application.

i. The applicant must schedule the meeting no more than 90 calendar days before the initial application date, on an evening or weekend, at a location that is convenient to the proposed project site.

ii. The purpose of the meeting is to present information about the proposed project and allow members of the community and the larger public to ask questions.

iii. The applicant must provide a sign-in sheet at the meeting so that attendees can identify themselves, provide a mailing address, and indicate whether they want to be added to the notice list.

iv. The applicant must take meeting minutes that include a summary of any issues or concerns raised by attendees.

2. Optional Meeting(s) with Staff. If site constraints or other issues related to the proposed development of a property raise questions about a future development application, an applicant may request one or more pre-submittal meetings with staff.

B. Application. All applications covered by this manual must be filed with the IRC Intake Section staff. The applicant or its representative must fill out and sign the application form and checklist certifying that application and checklist are complete and ready for processing.

1. Applicant’s Responsibility.

2. Staff’s Responsibility.

3. Items Required for all Applications. Applications filed with the Planning Department must contain:

The following are also required before an application is accepted:

4. Plan drawings and documents. A digital copy of all submittal items required by the application checklist for each application type must be provided with the application in the appropriate file format, with the appropriate file name, and prepared following the submittal requirements on the Planning Department Webpage. Plan drawings must be legible and include appropriate notes and specifications and proper certification by a licensed professional or other qualified preparer.

5. Certificates of Compliance. The Certificate of Compliance8, signed and dated by the Applicant, attests that, to the best of the applicant’s knowledge, information, and belief after reasonable investigation, the application conforms to all applicable Federal, State, and County laws and regulations, including standards of the applicable zone. The certification also confirms that the plans and documents in the application package provide complete and correct information on boundary, ownership, and other information on properties, topography, historic resources, etc.

6. Statements of Justification. The Statement of Justification is a written statement listing the facts and reasons that the applicant believes would support Board or Director approval of the application. The statement must address each finding that is required in either Chapter 50 or Chapter 59, depending on the type of application.

7. Documentation of Notice.

i. a signed and notarized affidavit attesting to the date, time, and location of the meeting;

ii. a dated copy of the invitation notice letter;

iii. a copy of the sign-in sheet, and a typed summary list that identifies each attendee, the attendee’s contact information, and identification of each attendee who provided a mailing address and wants to receive all future notifications concerning the proposed application; and

iv. meeting minutes that include a summary of issues or concerns raised by attendees.

8. Documentation of Site Posting. The applicant must provide the following documentation of site posting:

i. a signed and notarized affidavit attesting to the date and location of the posted signs;

ii. date-stamped photographs of each posted sign;

iii. the staff-approved sign layout plan drawing; and

iv. a photograph of one of the actual signs.

C. Acceptance of an Application.

1. Terms of acceptance. A final application must be complete and comply with all filing procedures to be accepted for review. IRC Intake staff must give the applicant written confirmation when acceptance occurs. The acceptance of an application means that it is complete for purposes of filing. Acceptance for filing does not constitute approval of the submitted plan; it allows the application to move forward to evaluation by the participating review agencies and others.

2. Regulatory clocks. After application acceptance, Code-required review clocks for the application are started and tentative Board hearing dates are assigned, as applicable. If the application is going to be discussed at a Development Review Committee (DRC) meeting, it is added to the next available meeting agenda.

3. Public record.9 All information contained in the accepted application, or added during application review is part of the public record. In addition, all supporting materials presented to the Board or Director or otherwise incorporated into the plan as part of the action taken on an application, become part of the public record. By submitting an application, the applicant agrees to complete the checklist of standard plan requirements included with each application form.

D. Rejection of an Application.

1. Inaccurate, misleading or false certifications. At any point in the review process, if staff finds that information certified by an applicant or a licensed professional10 is materially inaccurate, misleading, or false, staff must report the matter in writing to the Director. The Director must review the report, give the applicant or professional an opportunity to respond in writing, and consider any other relevant information. If the Director finds that the applicant or professional submitted materially inaccurate, false, or misleading information, the Director must reject the application and take appropriate action, which may include reporting the facts to the appropriate licensing board.

2. New application needed. Any plan rejected for these reasons must be returned to the applicant without any refund of the initial application fee. The application must be dropped from the queue of pending plans, and the applicant must submit a new application with associated fees to be considered further.

E. Filing of Concurrent Applications. Many types of land development projects require the filing, review, and Board approval of more than one type of plan. With the agreement of Planning staff, some of these plans may be filed concurrently. Depending upon the application types, concurrent filing may require extensions of the mandatory review timeframes required by law to facilitate concurrent action on the applications.

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6 Complete instructions for making an application, including application forms and checklists are available on the Planning Department’s website at http://montgomeryplanning.org/development/.

7 Fees paid by check must be made out to the Maryland-National Capital Park and Planning Commission (MNCPPC) or to the Montgomery County Planning Department

8 Standard Certificate of Compliance template available at: https://montgomeryplanning.org/development/development-applications/ under the section for each plan type

2. Responsibility of all reviewers. Comments from any reviewers must be made in writing before the end of each designated review period. A reviewer who is unable to meet this timeframe must complete their review by stating their need for additional time and providing an estimate of when their review will be provided.

3. Review Steps. Chapter 50 and Chapter 59 establish review periods for the different applications, but these may be extended depending upon the number of issues identified as part of the review and the need for plan revisions. The typical review for most applications consists of the following steps:

4. Extended review. Review and action on the application types covered in these regulations involves approval of certain required plan components by other agencies, such as, fire access and road grade plans; and concurrent review of related applications, such as, stormwater management concept and Special Protection Area (SPA) water quality plans, water and sewer category change requests, well and septic permits, or conditional use applications. Obtaining these related approvals may require extension of the review timeframes specified above. Delays may also result if an applicant does not submit adequate revisions under section 50.10.01.06.B.

5. Extension of a Board hearing date or Director decision date. Review deadlines may be extended for sketch, site, preliminary, and administrative subdivision plans under Chapter 59, Sections 7.3.3.C and 7.3.4.C, and Chapter 50, Sections 4.1.E and 6.3.b.4, respectively, by rescheduling the required decision date. A request must be made in writing to the Planning Department for such extension. Per Chapter 50 and Chapter 59, the Director may postpone the decision date by up to 30 days one time without Board approval. The Board may act to grant extensions of more than 30 days upon request from the Director or applicant. Any extension of a hearing date acted upon by the Board must be noticed on the hearing agenda. The new hearing date must be noticed on the appropriate agenda for the new date and identified on the notice list as part of the written hearing notice.

6. Extension of plat review. An applicant may consent to waive the 90-day review period required under Chapter 50, Section 8.2.B to gain time to obtain the necessary approvals from the reviewing agencies; otherwise, staff must base their required recommendation on the latest version of the plat. When staff’s final recommendation on a plat is denial, the applicant must be permitted to submit a final plat and staff must prepare a staff report and schedule a Board hearing on the next available agenda.

7. Application lapse deemed withdrawal. An application that has not yet been accepted that has been inactive for 180 days or an application that has been accepted that has been inactive for 365 days with no substantive response to review comments, or that has not been properly extended under Chapter 50 or 59, must be treated as withdrawn unless the applicant can demonstrate good cause to extend the application. The staff must send written notice to an applicant whose plan has been inactive indicating that the applicant has 30 calendar days to request an extension of the staff review. Any request for an extension must:

If the applicant does not request an extension by the due date, staff must send the applicant written notice that the application has been withdrawn by default. A new application and fee must be submitted to re-file any plan that is withdrawn by default.

B. Plan Revision.11 Each applicant is responsible for timely response to reviewer comments. The response may be by resubmitting plans and other documents with revisions, requesting a meeting with reviewers to discuss the comments, or indicating the desire to proceed to Board or Director action without any revision. Resubmitted materials should be submitted within 14 days after the comments are received, unless staff and the applicant agree on an extended deadline. Depending on the size and complexity of the proposed project, a plan may be revised multiple times during the application review. Any final revised plan for an application that is scheduled for Board action must be submitted not less than 65 days before the scheduled Board meeting date.

1. Major revision. If the lead reviewer determines that an applicant’s revised plan or any other related revised document constitutes a major change12 from the original submission, the applicant must:

i. acreage of the application site;

ii. type of use or units proposed;

iii. proposed density of any use;

iv. proposed method of development; or

v. ownership, applicant, or engineer.

The submittal of a major application revision should be discussed with the assigned lead reviewer before they are submitted, and will require extension of any minimum review timeframe specified by law. The lead reviewer must decide how the revised plan will be reviewed after submittal, and may schedule another DRC meeting.

C. Public Participation. Any individual or organization with an interest in or concern about a proposed development or specific application may participate in the review and approval process by:

• attending the pre-submittal community meeting organized and held by the applicant before an application is submitted to the Planning Department.

• reviewing information about the submitted application in person at the Planning Department offices or online at the Planning Department website; and

• attending the DRC meeting scheduled for the application13, if applicable. The DRC meeting is not open to public participation; but members of the public may attend and listen to the discussion. Groups should notify IRC staff about their interest in attending the DRC meeting before the scheduled date so that space accommodations can be made. Details of the DRC meetings are on the Planning Department’s website.

1. Public comment. Members of the public who have questions or concerns may contact the Planning Department’s lead reviewer at any time during the review process. Any public comments must be submitted in writing by letter or email, and will become part of the public record of the application. The Planning staff must make reasonable efforts to address issues raised by the public during the plan review and address the issues that are not resolved in their recommendations on the plan. Public comments may also be presented directly to the Board if a public hearing is scheduled, pursuant to the Board’s Rules of Procedure.

2. Community meetings during review. Meetings with members of the public may be scheduled for a case upon request to the lead reviewer, or for particularly complex or controversial cases, staff may initiate a community meeting. These meetings may include other agency representatives and the applicant, as appropriate.

D. Staff Reports. The lead reviewer, after completing the application review and receiving all required agency recommendations or approvals, must prepare a report summarizing the proposed findings of fact and conclusions of law that the Board or Director must make and recommend approval, approval subject to conditions, or denial of the application.

1. Contents of the staff report. A staff report should include the following elements:

2. Staff Reports for Board action. The staff report for a plan or major plan amendment application under Chapter 50 or 59 must be published on the Board’s website as part of the meeting agenda at least 10 days before the date of the scheduled meeting.

3. Staff Reports for a minor plan amendment. A staff report for a minor plan amendment involving limited aspects of the original plan must include the applicable elements listed above and details on each item that is proposed to be changed.

4. Objections to a staff report scheduled for Board action. The applicant or other individuals may submit objections to any finding or conclusion in a staff report that is scheduled for Board action no later than noon on the business day prior to the scheduled Board meeting that includes the application or as set forth in the Board’s Rules of Procedure. Each objection must be made in writing to the Board Chair and must clearly identify and fully explain the basis for each disagreement. The applicant or any other party may also object to any finding or conclusion in the staff report during the scheduled public hearing on the application.

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9 The public record is not the same as the legal record that the Board bases its decision upon for purposes of a petition for judicial review.

10 Licensed professionals include engineers, surveyors, landscape architects, attorneys, and any other profession licensed by the State of Maryland.

11 A plan revision is distinct and separate from a plan amendment. A plan revision incorporates changes that are made as part of the plan review process (i.e., before a plan is approved by a regulatory body). An amended plan incorporates changes made to a certified or approved plan.

12 A major revision includes any increase or significant decrease in density or number of units, an increase in the limits of disturbance, a significant change in lot layout, or an increase in building height or scale. The lead reviewer determines if an applicant’s proposed plan revision is a major or minor revision.

13 The DRC meeting is generally held every 2 weeks. A DRC Agenda containing items and the times they will be discussed, is posted on the MNCPPC website.

i. a final plan has been submitted by the applicant and date stamped by the lead reviewer to identify it as the official plan for Board consideration;

ii. all agency reviews are completed and written recommendations have been received; and

iii. all relevant issues and concerns have either been resolved or will be presented to the Board for resolution.

3. Visual exhibits. Applicants must submit digital copies of any exhibits to the lead reviewer for use in the Board hearing, at least 3 business days before the scheduled date of the hearing:

Anyone wishing to present visual exhibits to the Board must submit them to the Chair’s office by 12:00 p.m. on the day prior to the hearing. Any exhibits submitted will become part of the hearing record15.

4. Testimony. Any interested party may present testimony for consideration as part of the Board’s hearing by signing up in accordance with the Board’s Rules of Procedure.

5. Action on a record plat. Staff must schedule action for a record plat immediately after the final plat is accepted. Action is generally taken by the Board without discussion. A staff memorandum that includes a summary of staff’s review and recommendations and a copy of the proposed plat must be posted on the Commission’s website at least 10 days before the scheduled Board action date. Staff may add record plats to the Board’s agenda not later than 5 days before the scheduled action date in limited circumstances. Plats may be listed as part of the same agenda item and approved by the Board in one vote without discussion or individual motions.

B. Director Action. Action on administrative subdivision plans and certain minor amendments to preliminary plans and site plans may be taken by the Director instead of the Board. A public hearing is not required before the Director acts, but the Director may determine that a hearing is warranted in some cases. When such a determination is made, the Director must cede their authority to act on the application to the Board and schedule the public hearing on the next available Board meeting agenda.

1. Public participation for a Director action. The required written application notice for an application that will be acted upon by the Director must include the fact that a public hearing will not be scheduled. The notice must also state that comments concerning the application must be submitted to the Director, and specify the time within which the comments must be received to be considered as part of the Director’s decision. Any comment period must be a minimum of 15 days from the date the written application notice is sent.

2. Timing. The timing of a Director action is subject to the scheduling requirements of subsection 50.10.01.07.A.2, above.

C. Documentation of action. Written documentation of a Board or Director action is required.

1. Resolutions. Resolutions documenting a Board action required under Chapter 50 and Chapter 59 must be adopted per the Board’s Rules of Procedure. The resolution mailing date is the basis for calculation of the plan validity periods specified in Chapter 50 and Chapter 59.

2. Written Director action. The Director’s action on an application may be by letter or memorandum, or as part of the staff report. When the Director accepts all findings in the staff report and staff’s recommendation, the Director’s counter-signature and action date on the staff report is sufficient documentation of the action. The Director’s action date is the start of the plan validity period of the approved plan.

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15 With advanced notice before the day of the scheduled hearing, IRC Division staff will scan paper copies of visual exhibits and create digital copies for use in the meeting.

16 The parties of record for a hearing include the applicant, the applicant’s engineer, the applicant’s attorney, any individual or group that testifies at the hearing and provides a mailing address, and any individual or group that submits written testimony and provides a mailing address.

2. Review and approval. The required surety and bonds must be submitted to the IRC Division for distribution to the appropriate review staff.

C. Other.

1. Before submittal of a Record Plat. An application for a record plat will not be accepted without verification that the following requirements have been met.

i. Public roads. Applying to DPS for right-of-way permit(s) or satisfying any alternative requirements of DPS to ensure proper design of public roads.

ii. Private roads. Obtaining the certification of an engineer that each private road has been designed to meet the requirements of Chapter 50, Section 4.3.4.

2. Before issuance of Building Permit. The applicant must verify for IRC Division staff that all conditions of a Board approval that were required to be met before the issuance of a building permit have been satisfied.

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17 Rules and guidelines for assigning addresses and street names in the County are provided in the latest version of the Addressing and Street Naming Guidelines and Procedures Manual for Montgomery County, Maryland (IRC Division, Montgomery County Planning Department, M-NCPPC).

2. Director participation in application review. The Director may not participate in the DRC meeting or any other meetings that occur on an application before acting on the plan.

3. Effect of an appeal to an Administrative Subdivision Plan. An appeal of an administrative subdivision plan filed under Section 6.3.C of Chapter 50 stays the Director’s action on the plan until the Board acts on the appeal after a public hearing.

B. Validity Period Extension Requests. The date when the Planning Board’s resolution for a preliminary plan is mailed establishes both the plan validity period and the validity period for the associated adequate public facilities review. The Board may extend these validity periods under Chapter 50, Sections 4.2.H and 4.3.J.7.

1. Application. An application filed for extension of a validity period must include a letter from the applicant, or the applicant’s representative, which identifies the facts, conditions, and provisions of law relied upon by the applicant to justify an extension.

2. Review and Action. Planning Department staff may review an application filed for extension of a validity period without referring it to other government or public agencies, and utility companies. A DRC meeting on the application is not required. Staff must prepare a staff report for the application as noted above, and schedule action per the timing required for the plan under which the validity period was established.

C. Subdivision Regulations Waiver Requests. Chapter 50, Division 50.9 specifies waivers that the Planning Board may grant. Waivers are generally reviewed as part of an application for a preliminary plan of subdivision. However, a waiver of the requirement to submit a preliminary plan of subdivision may be requested. In that case, a separate subdivision waiver application is required.

1. Application. Each application for waiver must include a letter from the applicant or the applicant’s representative which specifies the facts, conditions, and provisions of law on which the applicant relies to justify a waiver.

2. Review and Action. An application for a subdivision regulations waiver must be reviewed per the requirements of Chapter 50, Section 9.5.A and acted upon by the Board.

D. Adequate Public Facilities (APF) Review at Building Permit. Per Chapter 8, Section 8-31, a building permit must not be issued for lots that do not have a valid APF approval from the Board. If such approval is not granted by the conditions of an approved preliminary plan, administrative subdivision plan, site plan, signature business headquarters plan, or biohealth priority campus plan, the Department of Permitting Services refers the building permit application to the Board for a determination that public facilities will be adequate to serve the proposed development. In these cases, an application for APF review should be filed under these procedures.

1. Application. Each application for a building permit APFO APF review must include an application form, and applicable fee, and sufficient information to demonstrate the expected impact on and use of public facilities by the development.

2. Referral of the application. Immediately after accepting the application, the Director must send a copy to DOT, MCPS, DPS Fire Department Access and Water Supply, and any other applicable reviewing agencies for their comments concerning the plan. Per Chapter 8, each recipient must respond to the Board within 30 days after receiving the application from the Director.

3. Review. After receiving the recommendations of the participating reviewers, staff must prepare a staff report for the application as noted above.

4. Action. Action on an application for APF review at building permit may be taken by either the Director or Board, depending upon the circumstances of the request.

E. Request for an Exemption to Platting. When DPS requires verification from the Planning Department that a property is exempt from the requirement to be recorded by a plat per Chapter 50, Section 3.3, a written request must be submitted to the IRC Division. The request must include copies of all information needed to support the exemption as outlined in Section 3.3.

F. Concept Plan. A concept plan is an optional, voluntary application that may be filed before a sketch, preliminary, site plan, signature business headquarters plan, or biohealth priority campus plan application to obtain advice concerning a proposed development project from the Development Review Committee (DRC).

1. Application. Each application for a concept plan must include an application form, a narrative statement from the applicant, or the applicant’s representative, that identifies the aspects of the proposed development on which advice is being sought, and sufficient information on accompanying plan drawings to show existing conditions and the extent of proposed development.

2. Referral of the application. Immediately after accepting the application, the Director must send a copy to the DRC reviewing agencies for their comments concerning the plan.

3. Review. The application must be scheduled for discussion at the next available DRC meeting after acceptance. Planning Department staff must prepare a summary of the DRC comments and provide it to the applicant within two weeks from the DRC meeting.

(Legislative History: Council Res. No. 20-112; Supersedes: Council Res. No. 18-879)

(*NOTE: for the purposes of this Regulation, “Institutional/Religious” is intended to address facilities for private, tax-exempt organizations whose primary function is to provide either health, social, recreational, religious, or benevolent services, or research or educational activities in areas of benefit to the public such as health, medicine, or conservation of natural resources. Applicable facilities include charitable or philanthropic institutions, places of worship, private educational institutions, libraries, museums, community buildings, private clubs or service organizations, hospice care facilities, hospitals, nursing homes, domiciliary care homes, group homes, or housing and related facilities for senior adults or persons with disabilities.

If a preliminary plan is submitted which includes an Institutional/Religious facility in addition to other for-profit residential and/or commercial space, the fee for that plan shall be $1000 (for the Institutional/Religious facility) plus the applicable plan review fee for the remaining residential and/or commercial space.)