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Sec. 59-D-2.1. Application.
An application for the optional method of development on land classified in any of the above zones must be filed with the Planning Board by a person with a financial, contractual or proprietary interest in the property. If land or rights-of-way is owned or controlled by the State of Maryland, the County, or other political subdivision, government entity or agency, or the Washington Metropolitan Area Transit Authority ("WMATA"), a person may file an application for the land if the application includes an agency agreement or other written authorization from the government entity, agency or WMATA authorizing the person to include the public land or rights-of-way as part of the application. In cases where a property lies entirely in an area designated as an urban renewal area pursuant to Chapter 56, the landowner, contract purchaser, a legal entity, or individual holding legal interest, whether in whole or in part, may file a project plan application that  may include any other property also located entirely in the urban renewal area.  Five additional copies of the application must be included for the use of the public.  The applicant for the optional method of development has the burden of proof, which includes the burden of going forward with the evidence and the burden of persuasion on all questions determined by the Planning Board.