(a) Scope. This article applies to all land located in the County, except that it does not apply to land owned or leased and developed by the County or the Board of Education unless federal or State law requires compliance with this article. The provisions of this article are minimum requirements and are in addition to other requirements of this Code.
(b) Applicability to pending and future proceedings. Subject to the grandfathering provisions of COMAR Title 27, this article applies to all pending and future proceedings and actions of any board, department, or agency empowered to decide applications under this Code, except that:
(1) an application for subdivision filed on or before April 4, 2005 shall be governed by the law as it existed prior to May 12, 2005 until the recordation of a record plat;
(2) a site plan filed on or before April 4, 2005 for development in an open space district, town center district, industrial park district, maritime district, mixed use district, commercial revitalization area, Odenton Town Center, Parole Town Center, or suburban community center shall be governed by the law as it existed prior to May 12, 2005 for the development shown on the approved site plan;
(3) an application for a building or grading permit filed on or before April 4, 2005 shall be governed by the law as it existed prior to May 12, 2005 for the development approved by the permit;
(4) a building or grading permit issued on or before May 12, 2005 shall be governed by the law as it existed prior to May 12, 2005 for the development approved by the permit;
(5) a building permit that is related to a grading permit governed by the law as it existed prior to May 12, 2005 shall be governed by the law as it existed prior to May 12, 2005;
(6) an application for subdivision filed before July 6, 2010 shall be governed by the law as it existed prior to November 22, 2010 until recordation of the record plat if the County approves an administrative waiver as stipulated in COMAR, Title 26 or the project is exempt from the administrative waiver process;
(7) an application for a building or grading permit filed before July 6, 2010 shall be governed by the law as it existed prior to November 22, 2010 for the development approved by the permit if the County approves an administrative waiver as stipulated in COMAR, Title 26 or the project is exempt from the administrative waiver process;
(8) subject to the election provisions of subsection (10), an application for subdivision filed before November 19, 2012, and related permit and plan applications and approvals for the subdivision, shall be governed by the law as it existed prior to April 16, 2013, until November 19, 2017;
(9) subject to the election provisions of subsection (10), an application for a building or grading permit, including preliminary plan approval and site development plan approval, filed before November 19, 2012 shall be governed by the law as it existed prior to April 16, 2013;
(10) for any application described in subsection (8) or (9), the applicant may make an election, in writing and filed with the Planning and Zoning Officer no later than July 1, 2013, to be governed by the law as it exists after April 16, 2013;
(11) an application for sketch plan approval, final plan approval, preliminary plan approval, or approval of a building or grading permit associated with a site development plan filed before August 1, 2018 shall be governed by the provisions of Subtitles 2 and 5 of Title 5 as they existed prior to August 1, 2018;
(12) for property located in the Core in the Parole Town Center, an application for final approval of a sketch plan, a preliminary plan, a proposed record plat, or for recommendation of approval of an application for a building or grading permit in connection with a preliminary plan or site development plan, or for approval of a site development plan for development that does not require a permit, filed before December 6, 2018, shall be governed by § 17-5-201 as it existed prior to December 6, 2018;
(13) an application for sketch plan approval, final plan approval, preliminary plan approval, or approval of a building or grading permit associated with a site development plan filed before January 1, 2019 shall be governed by the provisions of § 17-6-110 as they existed prior to April 14, 2019;
(14) the following shall be governed by the law as it existed prior to January 9, 2020:
(i) an application for approval of a sketch plan, final plan, final infrastructure construction plan, preliminary plan, or site development plan, and any building or grading permits associated with these plans, filed on or before December 15, 2019;
(ii) applications for building and grading permits that are not associated with a final plan or site development plan filed on or before December 15, 2019;
(iii) revisions to the plans and permits referenced in subparagraphs (i) and (ii) that do not materially alter the proposed or actual limits of disturbance; and
(iv) an application for a special exception filed on or before December 15, 2019 and all applications associated with the special exception; and
(15) an application for sketch plan approval, final plan approval, preliminary plan approval, or approval of a building or grading permit associated with a BRAC Mixed Use Development plan that was filed before December 15, 2022 shall be governed by the law as it existed prior to June 27, 2022;
(16) an application for approval of a sketch plan or final plan for a cluster development, and any building permit, grading permit, or other application associated with a cluster development, filed before November 25, 2022 shall be governed by the law as it existed prior to November 25, 2022; and
(17) for a property located in the Parole Town Center, the following shall be governed by Subtitle 9 of Title 7 as it existed prior to December 8, 2023:
(i) an application for approval of or revision to a sketch plan, final plan, preliminary plan, site development plan, or any building or grading permits or other applications associated with these plans, filed on or before December 8, 2023; and
(ii) an application for any building or grading permits not associated with a final plan or site development plan filed on or before December 8, 2023; and
(18) for a property located in the Odenton Town Center, the following shall be governed by Subtitle 8 of Title 7 as it existed prior to March 29, 2024:
(i) an application for approval of or revision to a sketch plan, final plan, preliminary plan, site development plan, or any building or grading permits or other applications associated with these plans, filed on or before March 29, 2024; and
(ii) an application for any building or grading permits not associated with a final plan or site development plan filed on or before March 29, 2024.
(Bill No. 3-05; Bill No. 77-05; Bill No. 52-06; Bill No. 59-10; Bill No. 93-12; Bill No. 76-13; Bill No. 64-18; Bill No. 94-18; Bill No. 101-18; Bill No. 68-19; Bill No. 22-20; Bill No. 31-22; Bill No. 73-22; Bill No. 88-22; Bill No. 64-23; Bill No. 84-23)