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(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)
(A) Before entering into an agreement, the Board of County Commissioners shall conduct a public hearing on the agreement.
(B) Notice of the hearing shall be published in a newspaper of general circulation in the county once each week for two consecutive weeks, with the first such publication of notice appearing at least 14 calendar days prior to the hearing.
(C) Property upon which the agreement is concerned shall be posted conspicuously by a notice at least 14 calendar days prior to the date of the hearing.
(D) Notice of the hearing shall be sent by first-class mail to property owners in proximity to the property in accordance with the site plan notification procedures utilized by the County Bureau of Development Review or its successor.
(Ord. 2024-08, passed 10-10-2024)
(A) Subject to divisision (B) of this section and after a public hearing, the parties to an agreement may amend the agreement by mutual consent.
(B) The parties may not amend an agreement unless:
(1) The Planning Commission considers and recommends whether an amendment should require compliance with the current County Code provisions, rules, and regulations, including but not limited to those relating to adequate public facilities, school capacity, stormwater management and forest conservation; and
(2) The Planning Commission determines that the proposed amendment is consistent with the Master Plan.
(Ord. 2024-08, passed 10-10-2024)
(A) The parties to an agreement may terminate the agreement by mutual consent.
(B) If the Board of County Commissioners determines that suspension or termination is essential to ensure the public health, safety, or welfare, the Board of County Commissioners may suspend or terminate an agreement after a public hearing.
(Ord. 2024-08, passed 10-10-2024)
(A) Except as provided in division (B) of this section, the local laws, rules, regulations, and policies governing the use, density, or intensity of the property subject to the agreement shall be the local zoning and development laws, rules, regulations, and policies in force at the time the county and the applicant execute the agreement.
(B) An agreement may not prevent the application to a development of the local zoning laws, rules, regulations, and policies enacted after the date of the agreement, if the county determines that compliance with the local zoning laws, rules, regulations, and policies is essential to ensure the health, safety, or welfare of residents of all or part of Carroll County.
(C) An agreement may not alter the applicant's obligation to pay the fees in effect at the time the fee payment is due.
(Ord. 2024-08, passed 10-10-2024)
The term of an agreement shall be at least five years from the date of execution of the agreement.
(A) An agreement may be amended once to extend the term of the agreement, in accordance with § 161.07 of this chapter.
(B) The applicant must file a written request for an extension of the agreement with the county not less than 90 days prior to the termination date of the agreement.
(Ord. 2024-08, passed 10-10-2024)
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