§ 23-202. Required referrals -- Montgomery County.

   (a) Scope of section. -- This section applies only in Montgomery County.

(b) To County Executive. --

   (1) The subdivision regulations shall provide that before the county planning board takes action on a preliminary subdivision plan, the plan shall be referred to the County Executive for a recommendation as to whether public facilities are adequate to support and service the area of the proposed subdivision.

   (2) The County Executive shall return the preliminary subdivision plan to the county planning board with a recommendation of approval or disapproval based on:

      (i) criteria developed by the County Executive and approved by the district council; and

      (ii) standards set forth in the county subdivision regulations.

(c) To municipal corporation or governed special taxing district -- In general. --

   (1) This subsection applies to property that:

      (i) is located in a municipal corporation or governed special taxing district; or

      (ii) shares a common boundary line, or a part of a common boundary line, with property located entirely in a municipal corporation or governed district.

   (2) This subsection does not apply to a municipal corporation that exercises zoning, planning, and subdivision authority under Division I of this article.

   (3) The subdivision regulations and zoning law shall provide that, before any action is taken by the county planning board on an application for a preliminary subdivision plan, project plan, or site plan review for property described in paragraph (1) of this subsection, a copy of the application shall be referred promptly to the municipal corporation or governed district for review and comment.

   (4) If the municipal corporation or governed district chooses to comment, the municipal corporation or governed district promptly shall forward its written comments to the county planning board.

(d) To municipal corporation or governed special taxing district -- Residential zone. --

   (1) On referral of a preliminary plan proposing the resubdivision of residentially zoned property located in a municipal corporation or governed special taxing district, the municipal corporation or governed district shall make an initial determination whether to transmit a recommendation concerning the plan to the county planning board.

   (2) If the municipal corporation or governed district chooses to transmit a recommendation, the municipal corporation or governed district shall:

      (i) hold a hearing before it transmits the recommendation to the county planning board; and

      (ii) provide reasonable public notice of the hearing.

   (3) A recommendation transmitted under this subsection shall:

      (i) be in writing; and

      (ii) based on the record of the hearing, include all pertinent findings of fact and conclusions of law supporting the recommendation.

   (4) A municipal corporation or governed district may recommend denial of a plan under this subsection only if the municipal corporation or governed district determines that the plan does not comply with a particular provision of the subdivision regulations.

   (5) If a municipal corporation or governed district recommends denial of a plan, it shall transmit a written record of the hearing to the county planning board for inclusion in the record compiled by the county planning board.

   (6) A municipal corporation or governed district shall be considered to have waived its right to make a recommendation under this subsection unless it transmits its written recommendation and complete record, if required, to the county planning board within 45 days after the delivery of the plan and application by the county planning board.

   (7) A two-thirds majority vote of the members of the county planning board then present and participating is required to override a recommendation of a municipal corporation or governed district to deny a residential resubdivision application.

HISTORY: An. Code 1957, art. 28, § 7-117.1(a), 7-117.2; 2012, ch. 426, § 2.