59-D-1.74. After approval by District Council.

   (a)   Filing. Any proposal by the applicant for amendment of a development plan subsequent to approval by the district council must be filed with the hearing examiner, who must refer it within 5 days to the planning board for its review and recommendation. Such a proposal must not involve a change in the area zoned or density category. The contents of a development plan amendment application must include a copy of the certified approved development plan as well as all relevant information required by section 59-D-1.3.

   (b)   Posting and notice. Within 3 days after acceptance for filing of an application for amendment to an approved development plan, the applicant must erect a sign on the land that is the subject to the amendment. The applicant must also provide written notice to abutting and confronting property owners. The sign, obtained from the office of zoning and administrative hearings when the appropriate application fee and deposit have been paid, must comply with the following regulations:

      (1)   Content. At a minimum, the sign must state the application number assigned to the development plan amendment, the zoning classification of the property, and a telephone number for obtaining additional information about the development plan amendment. At the discretion of the office of zoning and administrative hearings, further information may be added to the sign.

      (2)   Specifications. The sign must have minimum height and width of 2 and 3 feet, respectively, and be placed not less than 2 1/2 feet above ground level. It must be of metal, wood, or other durable material. Lettering must be conspicuous and legible.

      (3)   Location. The sign must be located geographically as directed in subsections (b) through (f) of section 59-H-4.23, title "Posting of Property-Local Map Amendments."

      (4)   Deposit and refund. The deposit and refund requirements are as stated in subsection (g) of section 59-H-4.23.

   The written notice must comply with the provisions of section 59-H-4.24, title "Notice to Adjacent and Confronting Property Owners," except that it must refer to an application for a development plan amendment rather than a local map amendment. The same limitations apply.

   (c)   Review and recommendation by the planning board.

      (1)   The planning board must hold a public meeting for review of the proposed amendment, after having provided reasonable notice, to allow interested persons the opportunity to comment. The planning board must provide written notice of the meeting to all interested persons who request it, including those who respond to the posted telephone number.

      (2)   The planning board must prepare a written report and recommendation that must be forwarded to the office of zoning and administrative hearings, together with copies of all external communications received concerning the proposed amendment.

      (3)   Unless subsection (d), below, applies, the office of zoning and administrative hearings must forward the planning board's report and recommendation directly to the council. In this instance, the planning board must also transmit to the office of zoning and administrative hearings, for inclusion in the administrative record, copies of all notices and communications sent out and a copy of the transcript of the planning board meeting pertaining to the development plan amendment.

   (d)   Hearing Examiner’s hearing, report, and recommendation.

      (1)   If there is public opposition to the development plan amendment, or if a public hearing is either recommended by the planning board or requested by any aggrieved party within 10 days of the date of the planning board meeting, the hearing examiner must conduct a public hearing on the development plan amendment.

      (2)   In this instance, the Hearing Examiner must compile the administrative record and forward a written report and recommendation to the District Council in the same manner as a local map amendment application under Article 59-H.  The Hearing Examiner by order may extend the 30-day time limit to submit the report to an additional 30 days.  The District Council may further extend the time for the Examiner’s report by resolution on request by the Hearing Examiner.  The recommendations of the Hearing Examiner must be based on the evidence of record.

      (3)   The provisions of section 59-H-6.5, title “Oral Argument,” apply to the hearing examiner’s recommendation.

   (e)   District council action.

      (1)   The district council must approve, disapprove, or defer the proposed amendment on the basis of the evidence of record. If there has been no hearing examiner's recommendation, the council may, prior to its decision, refer the amendment to the hearing examiner to conduct a public hearing and prepare a report, subject to the provisions of subsection 59-D-1.74(d), above.

      (2)   The time limits of section 59-H-8.1 apply to the district council decision.

      (3)   Parties aggrieved by a final decision of the district council have appeal rights as stated in section 59-H-8.4.

   (f)   The amended development plan approved by the District Council must be certified and filed as provided in section 59-D-1.64, above.

(Legislative History: Ord. No. 10-4, §§ 1--3; Ord. No. 10-45, § 3; Ord. No. 11-7, § 2; Ord. No. 11-48, §1; Ord. No. 12-1, § 1; Ord. No. 12-69, § 3; Ord. No. 16-55, § 1.)

   Editor’s note—Section 59-D-1.7 is cited in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006).