Section
161.01 Definitions
161.02 Authority/public principal
161.03 Petition
161.04 Contents of development rights and responsibilities agreement
161.05 Referral to Planning Commission
161.06 Public hearing
161.07 Amendment of agreement
161.08 Termination of agreement; suspension
161.09 Applicable law, regulations and policies
161.10 Recording
161.11 Time limits
161.12 Open sessions
The words or phrases used in this chapter shall have the meaning prescribed in the current County Code except as otherwise indicated herein:
AGREEMENT. A development rights and responsibilities agreement, including any amendment.
APPLICANT. Any individual, firm, corporation, partnership, association, society, syndication, trust, or other legal entity that files a petition to enter into an agreement.
COUNTY. Carroll County, Maryland.
COUNTY ADMINISTRATOR. The Carroll County Administrator or any successor(s) or designee(s) to the duties and responsibilities of the Administrator.
COUNTY GOVERNING BODY. Board of County Commissioners of Carroll County, Maryland.
DEVELOPMENT. The subdivision of land and those divisions of land referred to as off conveyances, and/or any change to improved or unimproved real estate: including but not limited to: construction; reconstruction; structural alterations: relocation or enlargement of any structure, road, driveway, or appurtenance; grading; dredging; filling; paving; clearing; excavation; dumping; extraction or storage of soil or minerals; the storage of equipment or material.
ENHANCED PUBLIC BENEFITS. Public infrastructure improvements or other public benefit features to be provided at the applicant's expense, above and beyond those that the applicant would otherwise be required to provide under applicable law, including but not limited to adequate public facilities and rezoning ordinance requirements during the course of the development of the property.
MASTER PLAN. The current Carroll County Master Plan, or Comprehensive or Functional Plans, as adopted by the county under the provisions of the Land Use Article of the Maryland Annotated Code.
PLANNING COMMISSION. The Carroll County Planning and Zoning Commission.
PROPERTY. The real property to be developed which is the subject of an agreement.
PUBLIC PRINCIPAL. The governmental entity of the county that has been granted the authority to enter into agreements under this chapter.
(Ord. 2024-08, passed 10-10-2024)
The county may exercise the authority granted by Md. Code, Land Use Article, § 7-302(b), to enter into development rights and responsibility agreements and shall exercise the authority of the public principal to negotiate, execute and enforce Agreements.
(Ord. 2024-08, passed 10-10-2024)
(A) Any Applicant having a legal or equitable interest in real property in Carroll County may petition the county to enter into an agreement.
(B) The petition shall be filed with the County Administrator or his or her designee and must include the processing fee in accordance with a fee schedule adopted by Resolution of the Board of County Commissioners.
(C) If comprised solely of a residential development, the property must contain at least 125 dwelling units to be eligible for a development rights and responsibilities agreement.
(D) If comprised in whole or in part of a nonresidential development, the property must be at least 25 acres in size to be eligible for a development rights and responsibilities agreement.
(E) The petition shall include a copy of the proposed agreement.
(F) All persons with a lien interest in the property must authorize the petition.
(G) The Board of County Commissioners shall first review the petition and determine whether to accept the petition and initiate this process.
(H) If the Board of County Commissioners accepts the petition, a filing fee for each petition shall be paid in accordance with a lee schedule adopted by resolution of the Board of County Commissioners.
(I) Following submittal of a petition and prior to referral to the Planning Commission, the applicant shall conduct a community meeting for the developer/petitioner to provide information to the community regarding the proposed agreement and to allow community residents to ask questions and make comments. The meeting shall be held at a location within the community of the proposed development, in a public or institutional building proximate to the property. Notification of the date, time, and location of the meeting shall be posted conspicuously on the property at a location(s) visible from public roadways at least 14 days prior to the meeting. A record of comments received at the meeting shall be maintained by the developer and made available upon request.
(Ord. 2024-08, passed 10-10-2024)
(A) At a minimum, a development rights and responsibilities agreement shall contain the following:
(1) A lawyer's certification that applicant has either a legal or equitable interest in the property;
(2) The names of all persons having an equitable or legal interest in the property, including lien holders;
(3) A legal description of the property subject to the agreement;
(4) The duration of the agreement;
(5) The permissible uses of the property;
(6) The density or intensity of use of the property, which shall not be greater than the density or intensity allowed in Chapters 158 and 155 of the County Code:
(7) The maximum height and size of structures to be located on the property;
(8) A description of permits required or already approved for the development of the property;
(9) A statement that the proposed development plan is consistent with the Master Plan and all applicable county regulations;
(10) A description of the conditions, terms, restrictions, or other requirements determined by the county to be necessary to ensure the public health, safety, or welfare;
(11) A description of the enhanced public benefits to be provided by the applicant to the county in exchange for the benefits received by the applicant in the agreement;
(12) An estimated cost or value of the enhanced public benefits provided by the applicant to the county in exchange for the benefits received by the applicant, and the timeframe within which the applicant will provide the enhanced public benefits in accordance with the following:
(a) If an enhanced public benefit involves the grant of land, the land shall be transferred to the county prior to the expiration date of the agreement; and
(b) If an enhanced public benefit is to be provided in the form of construction of or improvement to a public facility, it shall be assured by the applicant submitting a financial guarantee (e.g. a letter of credit or a performance bond), and such guarantee shall be provided prior to the expiration date of the agreement.
(13) To the extent applicable, provisions for the:
(a) Dedication of a portion of the property for public use;
(b) Protection of sensitive areas;
(c) Preservation and restoration of historic structures:
(d) Construction or financing of public facilities: and
(e) Responsibility for attorney's fees, costs, and expenses incurred by the county in the event an agreement is abandoned or breached by the applicant.
(B) An agreement may contain other terms, provisions, requirements, and agreements concerning the property which may be agreed upon by the county and the applicant.
(C) An agreement may fix the time frame and terms for development and construction on the property.
(D) An agreement may provide for other matters consistent with this chapter, the County Code, and the Land Use Article of the Maryland Annotated Code.
(E) All persons with a lien interest in the property must execute the agreement.
(F) Any superior interest with a power of sale must be subordinated to the position of the county.
(Ord. 2024-08, passed 10-10-2024)
(A) If the Board of County Commissioners accepts the petition, the Administrator shall refer the petition to the Planning Commission for determination of whether the proposed agreement is consistent with the Master or Comprehensive Plan. The Planning Commission may make recommendations to the Board of County Commissioners regarding the terms of the agreement.
(B) The County may not enter an agreement unless the Planning Commission determines that the proposed agreement is consistent with the Master or Comprehensive Plan.
(Ord. 2024-08, passed 10-10-2024)
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