In this subtitle the following words have the meanings indicated. “Agreement” means a development rights and responsibilities agreement to establish the conditions under which development of real property may proceed that is: of a specified duration; made between: the county planning board or its designee; a reviewing entity; and a person having a legal or equitable interest in the property; and approved by the district council or the County Executive. “Development” means any activity that materially affects the existing condition or use of any land or structure. “Development” does not include normal agricultural activity. “Regulatory plan” means an application proposing development on privately owned land that must be submitted to the county planning board for review and final approval under this division or county law or regulation. “Reviewing entity” means the County Executive or other local, State, or federal government or unit that agrees to execute an agreement.

This subtitle does not: require the district council to adopt a local law; or authorize the district council, the Commission, or a designee of either unit to require a party to enter into an agreement.

In accordance with this section, the district council may adopt local laws that establish procedures and requirements for the execution of agreements. A local law adopted under this section by the district council shall authorize the county planning board to: if approved by the district council or County Executive, execute agreements affecting real property in the portion of the regional district in Montgomery County with a person having a legal or equitable interest in the property; and if requested by any party, include a reviewing entity as an additional party to the agreement. A local law adopted under this section may specify the circumstances under which a person may request the negotiation and execution of an agreement, including: the size, use, zoning, or staging plan of the proposed development; or other relevant factors, including: the provision of public benefits or amenities; or growth management policies adopted by the county.

Before entering into an agreement, a person having a legal or equitable interest in real property, or the person’s representative, shall request that the county planning board consider negotiating and executing an agreement. A request under paragraph (1) of this subsection shall be made as part of a regulatory plan authorized by this division. Except as provided under subsection (c) of this section, the county planning board may agree to negotiate and enter into an agreement. The county planning board may not enter into an agreement unless the county planning board has: held a public hearing on the proposed agreement; and determined that the proposed agreement is consistent with the Commission’s general plan. A public hearing for a regulatory plan satisfies the requirement for a public hearing in subsection (c) of this section.

An agreement shall include: a legal description of the real property subject to the agreement; the names of all persons having a legal or equitable interest in the property; the duration of the agreement; the permissible uses of the real property; the permissible density or intensity of use of the real property; the maximum height and size of structures; the general location of all structures and supporting facilities and features; a description of all anticipated permits required or already approved for the development of the real property; a statement that the proposed development is consistent with: the Commission’s general plan; and all applicable development laws and regulations administered by the county planning board; a description of the requirements determined by a county planning board to be necessary to ensure the public health, safety, and welfare; and to the extent applicable, provisions for the: dedication of a portion of the real property for immediate or future public use; protection of sensitive areas; preservation and restoration of historic structures; and construction or financing of public facilities. An agreement may: establish the terms by which, and any period of time when, development or individual phases shall begin and be completed; incorporate the terms and conditions that would be included in other enforceable agreements and instruments between the parties required as part of a regulatory plan; and provide for other matters in accordance with this division. An agreement may not prevent a county planning board, district council, County Executive, or other local, State, or federal government from requiring a person to comply with laws, rules, regulations, and policies enacted after the parties executed the agreement if the district council or the County Executive determines that compliance with the laws, rules, regulations, and policies is essential to ensure the public health, safety, or welfare.

Except as otherwise provided in the agreement under § 24–305(a)(3) of this subtitle or extended by amendment under subsection (b) of this section and § 24–308 of this subtitle, an agreement is void 5 years after execution by the parties. If approved by the district council or County Executive, as appropriate, the term of an agreement may be extended.

During the term of an agreement: development may occur in accordance with the law and regulations governing the use, density, or intensity of the real property: enacted by the district council and administered by the county planning board or county; and if applicable, enacted by a reviewing entity and in effect when the project was reviewed and approved by the county planning board and reviewing entity; and except as provided in § 24–305(c) of this subtitle, changes to the law and regulations described in paragraph (1) of this section enacted after the parties execute an agreement do not apply to development under the agreement.

Except as provided in subsection (b) of this section, the parties to an agreement may amend the agreement by mutual consent. The parties to an agreement may not amend the agreement unless: there has been a public hearing on the proposed amendment; and the district council or County Executive, as appropriate, approves any substantial amendment. A county planning board may not amend an agreement unless the county planning board determines that the proposed amendment is consistent with the Commission’s general plan.

The parties to an agreement may terminate the agreement by mutual consent. Except as provided under paragraph (2) of this subsection, if the county planning board determines that suspension or termination of an agreement is essential to ensure the public health, safety, or welfare, the county planning board may suspend or terminate the agreement. The county planning board may not suspend or terminate an agreement unless: there has been a public hearing on the suspension or termination; and the district council or County Executive, as appropriate, approves the suspension or termination.

An agreement shall be recorded in the land records of Montgomery County. If an agreement is not recorded as required under paragraph (1) of this subsection within 20 days after its execution by all parties, the agreement is void. When an agreement is recorded under subsection (a) of this section, the parties to the agreement and their successors in interest are bound to the agreement.

Unless terminated under § 24–309 of this subtitle, an agreement may be enforced by the parties to the agreement or their successors in interest using all remedies available by law. No right to an administrative appeal arises from the negotiation or enforcement of an agreement.