Land Use (GLU) — Title 7. Other Development Management Tools

the planning, staging, or provision of adequate public facilities and affordable housing;

off–site improvements or the dedication of land for public facilities essential for a development;

moderately priced dwelling unit programs;

mixed use developments;

cluster developments;

planned unit developments;

alternative subdivision requirements that:

floating zones;

incentive zoning; and

performance zoning.

exercise any planning and zoning powers not expressly authorized under this subtitle; or

adopt other methods to:

In this section, “restriction” means a restriction, moratorium, or capacity limitation imposed on development as a result of a local law enacted under this subtitle.

Except as provided in subsection (c)(2) of this section, this section applies only to a local jurisdiction with at least 150,000 residents.

On or before July 1 each year, each local jurisdiction subject to the requirements of this section shall report to the Department of Housing and Community Development and the Department of Planning the following information for each building or development permit application which includes a residential housing component as part of the development considered by the local jurisdiction during the immediately preceding calendar year:

On or before July 1, 2027, and as the information becomes available thereafter, the Department of Planning shall publish the information reported by local jurisdictions under subsection (c) of this section for the immediately preceding fiscal year:

On or before December 31 each year, the Department of Planning shall submit a report on the building permit information collected under this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

The Department of Planning may adopt regulations to carry out this section.

encourage the preservation of natural resources; and

facilitate orderly growth and development in the State in conjunction with programs for preservation of open space and agricultural land and other development management programs and techniques.

In this section, “public facility” includes:

A legislative body that exercises authority granted by this division may establish a program for the transfer of development rights within a priority funding area to assist a local jurisdiction in the acquisition of land for the construction of a public facility within a priority funding area.

In this subtitle the following words have the meanings indicated.

“Development rights and responsibilities agreement” or “agreement” means an agreement between a local governing body and a person having a legal or equitable interest in real property to establish conditions under which development may proceed for a specified time.

“Local governing body” means the legislative body, the local executive, or other elected governmental body that has zoning powers under this division.

“Public principal” means the governmental entity of a local jurisdiction that has been granted the authority to enter agreements under § 7–302(a) of this subtitle.

Subject to §§ 7–303 through 7–305 of this subtitle, the local governing body of a local jurisdiction may:

The public principal may:

A development rights and responsibilities agreement shall include:

An agreement may:

Except as provided in subsection (b) of this section, the local laws, rules, regulations, and policies governing the use, density, or intensity of the real property subject to an agreement shall be the local laws, rules, regulations, and policies in force at the time the parties execute the agreement.

If the local jurisdiction determines that compliance with local laws, rules, regulations, and policies enacted or adopted after the effective date of an agreement is essential to ensure the public health, safety, or welfare, an agreement may not prevent a local government from requiring a person to comply with those local laws, rules, regulations, and policies.

Before entering into an agreement, a person having a legal or equitable interest in real property or the person’s representative shall petition the public principal of the local jurisdiction in which the property is located.

The public principal of a local jurisdiction may not enter into an agreement unless the planning commission of the local jurisdiction determines whether the proposed agreement is consistent with the comprehensive plan of the local jurisdiction.

An agreement shall be void 5 years after the date on which the parties execute the agreement unless:

Unless the agreement is terminated under subsection (g) of this section, the parties to an agreement or their successors in interest may enforce the agreement.

To promote the creation of housing that is affordable by individuals and families with low or moderate incomes, a legislative body that exercises authority under this division may enact local laws:

The authority granted under this subtitle is in addition to any other zoning and planning powers.

In this subtitle the following words have the meanings indicated.

“Affordable” means that housing costs do not exceed 30% of a household’s income.

“Affordable dwelling unit” means a dwelling unit that is affordable to households earning 60% or less of the area median income.

“Area median income” means the median household income for the area adjusted for household size as published and annually updated by the U.S. Department of Housing and Urban Development.

“Board of appeals” means a board of appeals established under Title 4, Subtitle 3 of this article.

“Cottage cluster” means a grouping of not fewer than four detached housing units per acre that:

“Historic district commission” or “historic preservation commission” means a commission established under Title 8, Subtitle 2 of this article.

“Middle housing” means:

“Permit” means a building permit or other permit issued in writing, as required by a local jurisdiction, to authorize the start of predevelopment or construction activities to construct, alter, demolish, or relocate an existing or new structure.

“Planning commission” includes a planning commission or board established under:

“Town house” means a complex of dwelling units constructed in a row of three or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent dwelling unit.

“Unreasonable limitation or requirement” includes any limitation or requirement that amounts to a de facto denial by having a substantial adverse impact on:

In this section, “qualified project” means a residential project that:

This section does not apply to:

height;

setback;

bulk;

parking;

loading, dimensional, or area; or

similar requirements.

Except as otherwise provided or required by State law, a local government may not require that a qualified project under this subtitle be reviewed at more than two public hearings before each of the following:

Except as otherwise provided or required by State law, a local government may not require that a qualified project under this subtitle be reviewed at more than one public hearing before each of the following:

agricultural land, as defined in § 9–206 of the Tax – Property Article; or

conservation property, as defined in § 8–209.1 of the Tax – Property Article.

The Department of Housing and Community Development may not approve a public health impact assessment submitted under this section if the assessment shows that residential use in the nonresidential zone would present a substantial risk to the health and safety of the residents.

The Department of Housing and Community Development shall adopt regulations to carry out the provisions of this section.