59-C-7.28. Procedures for application and approval.

   (a)   Application and development plan approval shall be in accordance with the provisions of division 59-D-1. For the town sector zone, the development plan shall include a land use plan in accordance with the provisions of section 59-D-1.3(g) and a supplementary plan in accordance with the provisions of section 59-D-1.3(h).

   (b)   Preliminary plans of subdivision shall be submitted and approved in accordance with the procedural requirements of chapter 50, title "Subdivision of Land." Partial-cost developer participation, as may be provided in an adopted annual growth policy, is allowed in the town sector zone.

   (c)   Site plans shall be submitted and approved in accordance with the provisions of division 59-D-3, title "Site Plan." Standards for width and area of lots, side and rear yards, setbacks, lot coverage, height and grouping of buildings, and similar requirements shall be established at the time of site plan approval.

   (d)   In the implementation of subsections 59-C-7.28(b) and (c), above the Planning Board may waive the substantive requirements of chapter 50 and certain requirements of Article 59-E (including the number of parking spaces described in Section 59E-3.7) upon a finding that the waiver would allow greater flexibility of development consistent with the purposes of the zone and promote more attractive and more efficient overall planning and design; except that the following may not be waived:

      (1)   The adequate public facilities requirements of section 50-35(k);

      (2)   The following provisions of Division 59-D-3 may not be waived:

         59-D-3.4, "Action by Planning Board."

         59-D-3.5, "Effect of Site Plan."

         59-D-3.6, "Failure to Comply."

         59-D-3.7, "Amendment of a Site Plan."

         59-D-3.8, "Validity."

   (e)   Record plats shall indicate that the land is in the town sector zone and shall also include the following notations:

      (1)   An appropriate statement concerning all of the land which is designated for common or quasi-public use but not to be in public ownership. This statement shall grant to the public, on such land, easements covering all rights of development, construction or use other than the recreational or other quasi-public uses indicated in the approved site plan, except that, at the time of site plan approval, utilities easements may be excluded from specified areas.

      (2)   A statement indicating that the plat is in accordance with the approved site plan and that development of the land is permitted only in accordance with the approved site plan and the accompanying agreements concerning the ownership and maintenance of common land, which are on file at the offices of the planning board, and that application for reclassification shall not be permitted until 50 years after the grant of the town sector zone.

(Legislative History: Ord. No. 9-27, § 1; Ord. No. 10-6, § 3; Ord. No. 10-45, § 2; Ord. No. 11-38, § 7; Ord. No. 11-54, § 1; Ord. No. 11-62, § 7; Ord. No. 12-75, § 7; Ord. No. 13-109, § 1; Ord. No. 14-1, § 1; Ord. No. 14-47, § 1; Ord. No. 15-26, § 1; Ord. No. 16-39, § 1.)

   Editor's note-Section 59-C-7.2 [formerly §111-25] is cited in Maryland-National Capital Park & Planning Commission v. Rossmoor Corporation, 265 Md. 267, 288 A.2d 898 (1972); and in Gruver-Cooley Jade Corporation v. Perlis, 252 Md. 684, 251 A.2d 589 (1969).  Section 59-C-7.2 [formerly §59-63] is cited in Kanfer v. Montgomery County Council, 35 Md.App. 715, 373 A.2d 5 (1977).

   Ord. No. 10-6, § 3, ordained that a cable communications system be added as a special exception use in section 59-C-7.23 except as provided in sections 59-A-6.9 and 59-G-2.10.1.