Land Use (GLU) — Title 25. Prince George's County Provisions

The district council may establish rules for the administering of oaths to and the cross–examination of witnesses appearing to testify at district council hearings.

Before establishing rules under this subsection, the district council shall conduct a public hearing on the proposed rules.

the date of the decision of the district council; or

in case of judicial review, the date of the final judgment of the circuit court.

within 18 months after the date of the first disapproval; and

within 24 months after the date of any subsequent disapproval.

noise;

watershed and water quality;

airshed and air quality;

traffic and traffic safety; and

other environmental factors relating to the health, safety, and welfare of the residents in the affected area.

Subject to subsection (b) of this section, the district council may review a final decision of the county planning board to approve or disapprove a detailed site plan.

A party of record may appeal to the district council a final decision by the county planning board to approve or disapprove a site plan.

Except as provided in paragraph (2) of this subsection, if the district council decides to review an approval or a disapproval under this section, the district council shall hold a hearing within 70 days after the district council issues the decision to conduct a review.

The district council may decide to extend the time to hold a hearing under paragraph (1) of this subsection for up to 45 additional days on its own motion or on request of the applicant.

restricts the uses to open space or reserved open space; and

does not permit commercial, industrial, or residential uses.

hold a public hearing; and

make a final decision, in consultation with the Maryland Department of Natural Resources and the Maryland Department of the Environment, that the proposed development will not have a substantial impact on any land in a central natural area.

shall be subject to the substantive and procedural requirements and standards established by the district council; and

may not impose:

This subsection applies to land in a municipal corporation in the regional district.

The district council may delegate to the governing body of a municipal corporation the powers of the district council regarding:

The authority to delegate with regard to detailed site plans does not apply to detailed site plans:

This subsection applies to a revitalization overlay zone created by the district council.

For any portion of a revitalization overlay zone in a municipal corporation, the district council may delegate to the governing body of a municipal corporation the powers of the district council regarding:

The delegation of powers under paragraph (2) of this subsection may not impede a development that meets the requirements the district council sets for the revitalization overlay zone.

For any portion of a revitalization overlay zone not within a municipal corporation, the district council may authorize the county planning board to approve:

Except as provided in subsection (b) of this section, any party of record to an action of the governing body of a municipal corporation exercised under § 25–301(c) of this subtitle shall have the same right to judicial review by the circuit court as the party would have if the district council had taken the action.

Any party to an action of the governing body of a municipal corporation or the county planning board exercised under § 25–301(d) of this subtitle shall have the same right to judicial review by the circuit court as the party would have if the district council had taken the action.

With respect to an action taken under the general delegation authorized under § 25–301(c) of this subtitle, before exercising the right to judicial review under subsection (a)(1) of this section, a party of record shall appeal the action of the governing body of the municipal corporation to the district council for review on the record if the action concerns:

On appeal, the district council may:

zoned for residential or commercial use; or

adjacent to residential or commercial zones.

Notwithstanding any other law, and for the purpose of preserving, improving, or protecting the general character and design of lands and improvements in a municipal corporation, the legislative body of the municipal corporation, by local law, may impose stricter or additional conditions, restrictions, or limitations than are otherwise required by State, regional, or county zoning laws or agencies exercising zoning and planning jurisdiction over the municipal corporation.

The stricter or additional conditions, restrictions, or limitations may apply only to:

If the district council does not approve the local law before the effective date of the local law, the local law shall be considered disapproved and may not take effect.

The local law may not take effect unless approved by the district council.

the organization or management of any revitalization or redevelopment activities of the Commission; and

consolidation of Commission activities with the redevelopment authority of the county; and

In this section the following words have the meanings indicated.

“Business improvement district” means a business improvement district established under Title 12, Subtitle 4 of the Economic Development Article in the county.

“Neglected property” means improved or unimproved real property that:

“Purple Line” has the meaning stated in § 2–103.8 of the Transportation Article.

has been designated as a transit–oriented development; and

is located in a business improvement district.

may only be taken for a public purpose, including for private development that is consistent with a public purpose; and

may not be taken without just compensation, as agreed on between the parties, or awarded by a jury, being first paid or tendered to the party entitled to the compensation, in accordance with Title 12 of the Real Property Article.

“Development” means any activity that materially affects the existing condition or use of any land or structure.

“Development” does not include normal agricultural activity.

negotiate agreements with a developer for real property located in the county;

include a federal, State, or local government or unit as an additional party to the agreement; and

execute an agreement.

the agreement is approved by the district council; and

the county planning board determines that the proposed agreement is consistent with the Commission’s general plan.

establish procedures and requirements for the consideration and execution of agreements, including provisions for negotiation and approval in accordance with this subtitle; and

approve agreements negotiated by the County Executive.

a description of the real property subject to the agreement;

the parties involved;

the specific purposes of the agreement;

the duration of the agreement;

a physical description and location of the structures and supporting facilities and features on the real property;

a description of all anticipated permits required or already approved for the development of the real property;

provisions for the construction or financing of adequate public facilities for schools;

a statement that the proposed development is consistent with:

a description of the requirements determined by the county planning board to be necessary to ensure the public health, safety, and welfare.

establish the terms by which and a period of time when development, or individual phases, shall begin and be completed; and

provide for other matters in accordance with this division.

An agreement shall be recorded in the land records of Prince George’s County.

If an agreement is not recorded as required under paragraph (1) of this subsection within 30 days after its execution by all parties, the agreement is void.

agriculture, viticulture, aquaculture, silviculture, horticulture, or livestock and equine activities;

temporary or seasonal outdoor activities that do not permanently alter the property’s physical appearance and that do not diminish the property’s rural character; or

activities that are intrinsically related to the ongoing agricultural enterprise on the property.

the agricultural character of the property;

the scenic values enjoyed by the public; or

the governmental preservation policies furthered by the easement acquisition.

implement the policies of the county’s general plan and the Green Infrastructure Plan to preserve, protect, and enhance agricultural properties, particularly those in the Rural Tier;

preserve ecologically fragile and aesthetically valuable environments of the county, including streams, stream valleys, floodplains, wetlands, groundwater, steep slopes, woodlands, habitats, scenic vistas, and scenic corridors;

retain agricultural land and augment other local and State programs certified in accordance with the Code of Maryland Regulations for the preservation of agricultural land;

recognize the public value in protecting agriculture and agricultural viewsheds, vistas, rural culture and character, and longstanding agricultural enterprises;

limit nonagricultural uses;

conserve and protect biodiversity and wildlife and aquatic habitats;

promote interest in and the study of agriculture and agricultural preservation; and

promote tourism through the preservation of scenic resources.

agricultural preservation, outreach, and marketing;

maintenance of activities on agricultural properties of the Commission; and

the preservation of the agricultural industry.

establish an application process for the Program;

establish criteria for assigning priorities to applications for easements to purchase;

establish a process for negotiating the purchase of easements;

allow the District to procure any appraisals necessary for valuation of each easement; and

specify a method for appraising and valuing easements to encourage landowners to participate in the Program and maximize the acreage for easements to be purchased.

preserve, protect, and enhance agricultural properties; and

implement the purposes of the Program.

The Fund shall be used to purchase easements to implement the Program.

In deciding which easements to purchase using the Fund, the county planning board shall:

the State Highway Administration; and

the Commission.

the purposes of the Capper–Cramton Act, Public Law 71–284, 46 Stat. 482; or

any agreement between the Commission and the National Capital Planning Commission related to the park and parkway system authorized by that Act.

constructing and relocating all county roads and bridges related to the flood control or navigation project;

constructing necessary internal drainage facilities;

relocating utility structures; and

acquiring land and buildings necessary for the flood control or navigation projects.

In this section the following words have the meanings indicated.

“Park and recreation plan” means:

provide an adequate and balanced program of recreation to serve the needs and interests of various age groups among the residents of the county that includes appropriate nontraditional recreational opportunities;

offer a comprehensive youth sports program that provides a variety of sports programming, leagues, and teams throughout the county; and

coordinate the programs with the Commission’s park functions.

major recreation centers, playfields, athletic fields, playgrounds, tennis courts, baseball diamonds, swimming pools, golf courses, community centers, and social centers on publicly or privately owned land or buildings made available for these purposes or over which the county planning board has sole or joint jurisdiction; or

land or buildings of a municipal corporation or political subdivision in the county, if the municipal corporation or political subdivision requests the services of the county planning board.

The county planning board may contract with recreation or sports groups or associations to incorporate the activities of the groups or associations into the programs established by the county planning board under this subtitle.

Notwithstanding paragraph (1) of this subsection, as part of the programs established under this subtitle the county planning board shall create a youth sports division to:

There is a Nontraditional Recreation Fund.

The Nontraditional Recreation Fund shall finance and account for the development and maintenance of nontraditional recreational opportunities in the county.

The Commission shall record revenues from the development and maintenance of nontraditional recreational opportunities in the county in the Nontraditional Recreation Fund.

The Commission shall use the revenues of the Nontraditional Recreation Fund:

shall appoint a standing advisory committee on recreation, which shall be representative of the residents of the county; and

may appoint additional advisory committees on recreation as necessary.

modify the recreation schedule; and

direct the county planning board to initiate any recreation activity or program.

In this section the following words have the meanings indicated.

“Enterprise Fund” means the Maryland–National Capital Park and Planning Commission Enterprise Fund.

“Marina” means the Bladensburg Marina and Boat Basin established by Chapter 618 of the Acts of 1959, and all improvements, facilities, and appurtenances of the Bladensburg Marina and Boat Basin.

shall adopt regulations for the use and enjoyment of the Marina to assure that the improvements and facilities are open to all residents on equal terms;

shall set the fees for the use of the public and commercial navigation facilities; and

may contract with the Washington Suburban Sanitary Commission for dredging activities relating to the maintenance and operation of the Marina.

There is a Maryland–National Capital Park and Planning Commission Enterprise Fund.

The Enterprise Fund shall finance and account for the maintenance and operation of the Marina.

The Commission shall record revenues from the maintenance and operation of the Marina in the Enterprise Fund.

The Commission shall use the revenues of the Enterprise Fund:

Each year the County Council shall impose on all property assessed for county tax purposes in the county an ad valorem tax at a rate that the Commission certifies as necessary to produce the amount required to pay the annual cost of the Marina, less the proceeds of the Enterprise Fund.

The annual cost includes the cost of dredging operations relating to the maintenance and operation of the Marina.

Montgomery County is not liable for any cost, debt, expense, or obligation relating to the administration, operation, or maintenance of the Marina.

Funds for the administration, operation, or maintenance of the Marina may not be obtained from: