In this subtitle, “appellate board” means: the board of appeals of a local jurisdiction established under Title 4, Subtitle 3 of this article; or a special board of appeals created to consider appeals under this subtitle.

Except as otherwise provided in § 6–203 of this subtitle, after recording a reservation plat approved by a legislative body under Subtitle 1 of this title, a local jurisdiction may not issue a permit to develop any part of the land between the lines of a proposed street as platted.

The appellate board of the local jurisdiction where a platted street is located may grant a permit to develop a platted street on an appeal filed by the owner of the land on which the street is located: after a hearing at which the parties in interest have an opportunity to be heard; and by a vote of a majority of the authorized membership of the appellate board. At least 15 days before the hearing required under subsection (a) of this section, the appellate board shall: mail to the appellant, at the address specified in the appeal petition, notice of the time and place of the hearing; and publish a notice of the hearing in a newspaper of general circulation in the local jurisdiction. In order to grant a development permit, the appellate board shall find from the evidence and arguments presented on appeal that: the entire property of the appellant, of which the reserved street location forms a part, cannot yield a reasonable return to the owner unless the permit is granted; and after balancing the interests of the local jurisdiction and the appellant, the permit is required by reasonable justice and equity. In balancing the interests of each party, the appellate board shall consider: the interest of the local jurisdiction in preserving the integrity of the street plat and comprehensive plan; and the interest of the appellant in the use of the property and in the benefits of property ownership. If the appellate board grants a development permit, the appellate board: shall specify the exact location, ground area, height, and other details of the development; and may impose reasonable requirements benefiting the local jurisdiction as a condition of granting the permit.

A public sewer or other public street utility or improvement may not be constructed in a street or highway until the street or highway is placed on the official map. A development permit may not be issued unless a street or highway giving access to the proposed development has been placed on the official map. An applicant for a permit may appeal from a decision of the administrative officer in charge of issuing permits to an appellate board if: the enforcement of this section would entail exceptional difficulty or unwarranted hardship; and the circumstances do not require the development to be related to existing or proposed streets or highways. In deciding an appeal under this subsection, the appellate board may make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout. A decision rendered under this subsection shall be subject to judicial review in the same manner and subject to the same provisions of law as a decision of a board of appeals on zoning regulations under Title 4, Subtitle 4 of this article.