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   59-D-3.22. Existing conditions.
Drawings of the site and adjacent area, including:
   (a)   a natural resources inventory prepared in accordance with a technical manual adopted by the Planning Board;
   (b)   other natural features, such as rock outcroppings and scenic views;
   (c)   landfills;
   (d)   existing buildings and structures;
   (e)   the locations of highways and streets serving the site, noting center lines, widths of paving, grades and median break points; and
   (f)   the locations of proposed highways and streets serving the site.
   59-D-3.23. Proposed development.
A plan of the proposed development, including the following information unless the Planning Director waives any item at the time of application as unnecessary because of the limited scope of the proposal:
   (a)   The location, height, ground coverage and use of all structures.
   (b)   For each residential building, the number and type of dwelling units, classified by the number of bedrooms, and the total floor area, if any, to be used for commercial purposes.
   (c)   The floor areas of all nonresidential buildings and the proposed use of each.
   (d)   The locations of all green areas, including recreational areas, natural feature preservation areas, community open space areas, and other open spaces.
   (e)   Calculations of building coverage, density, green area, numbers of parking spaces and areas of land use.
   (f)   The location of all public schools, parks and other community recreational facilities, indicating the location and use of all land to be dedicated to public use.
   (g)   The location and dimensions of all roads, streets and driveways, parking facilities, loading areas, points of access to surrounding streets, and pedestrian walks.
   (h)   A grading plan.
   (i)   The location of all sewer, water and storm drainage lines, and all easements and rights- of-way, existing or proposed.
   (j)   Storm water management drawings and calculations, and plans for siltation and erosion control, both during and after construction.
   (k)   A landscaping plan, showing all man-made features and the location, height or caliper, and species of all plant materials.
   (l)   An exterior lighting plan, including all parking areas, driveways and pedestrian ways, and including the height, number and type of fixtures and a diagram showing their light distribution characteristics.
   (m)   A development program stating the sequence in which all structures, open spaces, vehicular and pedestrian circulation systems, landscaping and recreational facilities are to be developed. The applicant shall designate the point in the development program sequence when the applicant will notify the planning board to request inspection for compliance with the approved site plan.
   (n)   A final forest conservation plan prepared in accordance with Chapter 22A.
   (o)   A final water quality plan prepared in accordance with Chapter 19.
   (p)   Verification that the applicant has posted notice on the property, notified affected parties, and held a pre-submittal meeting with the public, as required by Planning Board regulations.
   59-D-3.24.
Documents indicating in detail the manner in which any land intended for common or quasi-public use, but not proposed to be in public ownership, will be held, owned and maintained in perpetuity for the indicated purposes.
(Legislative History: Ord. No. 9-39, § 1; Ord. No. 11-22, § 3; Ord. No. 11-62, § 12; Ord. No. 12-15, § 1; Ord. No. 12-84, § 3; Ord. No. 13-50, § 3; Ord. No. 15-63, § 3.)
   Editor’s note-Section 59-D-3.2 [formerly §111-24] is quoted in part in Brown v. Wimpress, 250 Md. 200, 242 A.2d 157 (1968); and is quoted in Bigenho v. Montgomery County Council, 248 Md. 386, 237 A.2d 53 (1968).
   Ord. No. 15-63, § 6, states: Except as provided in this Section, this ordinance takes effect on April 1, 2006.  Sections 59-D-3.1, 59-D-3.2, and 59-D-3.4, as amended by this ordinance, apply to any site plan that the Planning Board approves on or after April 1, 2006.  Sections 59-D-3.23 and 59-D-3.3, as amended by this ordinance, apply to any site plan for which an application is filed with the Planning Board on or after May 1, 2006.  Sections 59-D-3.0, 59-D-3.5, 59-D-3.6, 59-D-3.7, and 59-D-3.8, as amended by this ordinance, apply to all site plans approved at any time before or after April 1, 2006.
Sec. 59-D-3.3. Zoning certification.
   (a)   If any part of the land included in the proposed site plan is classified under a zone that was applied through a local map amendment which included a development plan, diagrammatic plan, or schematic development plan that the District Council approved, the applicant must submit a sworn statement certifying that the proposed site plan conforms to all non-illustrative elements of the development plan or diagrammatic plan, or all binding elements of the schematic development plan, approved by the District Council during the local map amendment process.
   (b)   This certification does not relieve the Planning Board of its duty to independently determine that the proposed site plan conforms to all non-illustrative elements of any applicable development or diagrammatic plan or all binding elements of any schematic development plan.
(Legislative History: Ord. No. 15-63, § 3.)
   Editor’s note—Ord. No. 15-63, § 6, states: Except as provided in this Section, this ordinance takes effect on April 1, 2006.  Sections 59-D-3.1, 59-D-3.2, and 59-D-3.4, as amended by this ordinance, apply to any site plan that the Planning Board approves on or after April 1, 2006.  Sections 59-D-3.23 and 59-D-3.3, as amended by this ordinance, apply to any site plan for which an application is filed with the Planning Board on or after May 1, 2006.  Sections 59-D-3.0, 59-D-3.5, 59-D-3.6, 59-D-3.7, and 59-D-3.8, as amended by this ordinance, apply to all site plans approved at any time before or after April 1, 2006.
   Former Sec. 59-D-3.3, Agreement, which was derived from Ord. No. 9-39, § 1, was repealed by Ord. No. 15-26, § 2.
Sec. 59-D-3.4. Action by Planning Board.
   (a)   The Planning Board must hold a duly noticed public hearing on each site plan application. The Planning Board must take final action on the proposed site plan not later than 45 days after receiving the application, unless the applicant agrees to extend the time for Board action.  However, the Planning Board need not act before a preliminary plan of subdivision involving the same property is approved.  The Planning Board must notify the applicant and all other parties of record in writing of its action. 
   (b)   The Planning Board must consider each public hearing site plan after holding the hearing required under subsection (a), and at the same or a later meeting must by resolution approve, approve with conditions, or disapprove the proposed site plan.  The Planning Board resolution must contain:
      (1)   all necessary findings of fact and conclusions of law;
      (2)   all applicable conditions and requirements of site plan approval, if the plan is approved; and
      (3)   all applicable data, maps, drawings and other information.
The Planning Board may adopt regulations that allow an applicant to submit certain required engineered drawings after the Board acts on the site plan and prescribe the notice and approval process that applies before those drawings may be incorporated into a certified site plan.  The certified site plan must control what the applicant may build on the specified site.
   (c)   In reaching its decision the Planning Board must require that:
      (1)   the site plan conforms to all non-illustrative elements of a development plan or diagrammatic plan, and all binding elements of a schematic development plan, certified by the Hearing Examiner under Section 59-D-1.64, or is consistent with an approved project plan for the optional method of development, if required, unless the Planning Board expressly modifies any element of the project plan;
      (2)   the site plan meets all of the requirements of the zone in which it is located, and where applicable conforms to an urban renewal plan approved under Chapter 56;
      (3)   the locations of buildings and structures, open spaces, landscaping, recreation facilities, and pedestrian and vehicular circulation systems are adequate, safe, and efficient;
      (4)   each structure and use is compatible with other uses and other site plans, and with existing and proposed adjacent development; and
      (5)   the site plan meets all applicable requirements of Chapter 22A regarding forest conservation, Chapter 19 regarding water resource protection, and any other applicable law.
   (d)   The Planning Board must not approve the proposed site plan if it finds that the proposed development would not achieve a maximum of compatibility, safety, efficiency and attractiveness.  The fact that a proposed site plan may comply with all applicable development standards or other specific requirements of the applicable zone does not, by itself, create a presumption that the proposed site plan is, in fact, compatible with surrounding land uses and, in itself, is not sufficient to require the Planning Board to approve the proposed site plan.
   (e)   Reserved.
   (f)   After final Planning Board action, the site plan approval resolution must be:
      (1)   Signed by the Planning Board Chair, or the Board’s designee, certifying Planning Board approval of the site plan; and
      (2)   Forwarded to the Department for reference in issuing building permits under Section 59-D-3.5
(Legislative History: Ord. No. 9-39, § 1; Ord. No. 10-11, § 11; Ord. No. 12-1, § 1; Ord. No. 12-15, § 1; Ord. No. 12-23, § 1; Ord. No. 12-84, § 3; Ord. No. 13-35, § 1; Ord. No. 13-50, § 3; Ord. No. 13-112, § 1; Ord. No. 14-36, § 1; Ord. No. 14-49, § 1; Ord. No. 15-63, § 3.)
   Editor’s note—Section 59-D-3.4 is quoted in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006). 
   Ord. No. 15-63, § 6, states: Except as provided in this Section, this ordinance takes effect on April 1, 2006.  Sections 59-D-3.1, 59-D-3.2, and 59-D-3.4, as amended by this ordinance, apply to any site plan that the Planning Board approves on or after April 1, 2006.  Sections 59-D-3.23 and 59-D-3.3, as amended by this ordinance, apply to any site plan for which an application is filed with the Planning Board on or after May 1, 2006.  Sections 59-D-3.0, 59-D-3.5, 59-D-3.6, 59-D-3.7, and 59-D-3.8, as amended by this ordinance, apply to all site plans approved at any time before or after April 1, 2006.
   Ord. No. 10-11, § 1, purported to amend section 59-D-3.3; however the ordinance specified the title of the section as “action by planning board.”  As the title of § 59-D-3.4 is “action by planning board” and the amendment clearly relates to section 59-D-3.4, the amendment has been made to section 59-D-3.4.
Sec. 59-D-3.5. Effect of site plan.
   (a)   In the case of any land in a zone requiring site plan approval or any special exception for which site plan approval is a condition, the Planning Board must not approve a record plat unless the plat strictly conforms to the certified site plan.
   (b)   A sediment control permit, building permit, or use-and-occupancy permit must not be issued unless each strictly complies with a certified site plan.
   (c)   All requirements and features that are part of the certified site plan must be implemented as specified in the development program required by section 59-D-3.23(m), as modified by the Planning Board in the certified site plan or at any later time.
   (d)   The Planning Board may require the applicant to post a commercially acceptable form of surety securing compliance with and full implementation of specified features of the certified site plan in an amount set by the Planning Board.  If such surety is required, the Department must not issue a sediment control permit, building permit, or use-and- occupancy permit until such surety is accepted.
(Legislative History: Ord. No. 9-39, § 1; Ord. No. 11-16, § 2; Ord. No. 15-63, § 3; Ord. No. 17-4, § 1.)
   Editor’s note—Ord. No. 15-63, § 6, states: Except as provided in this Section, this ordinance takes effect on April 1, 2006. Sections 59-D-3.1, 59-D-3.2, and 59-D-3.4, as amended by this ordinance, apply to any site plan that the Planning Board approves on or after April 1, 2006.  Sections 59-D-3.23 and 59-D-3.3, as amended by this ordinance, apply to any site plan for which an application is filed with the Planning Board on or after May 1, 2006.  Sections 59-D-3.0, 59-D-3.5, 59-D-3.6, 59-D-3.7, and 59-D-3.8, as amended by this ordinance, apply to all site plans approved at any time before or after April 1, 2006.
Sec. 59-D-3.6. Failure to comply.
   (a)   If the Planning Board finds, on its own motion or after a complaint is filed with the Planning Board or the Department, and after giving due notice to the applicant, the complainant, and all parties previously before the Board on this plan and holding a public hearing or receiving a report of a public hearing held by a designated hearing officer, that any term, condition, or restriction in a certified site plan is not being complied with, the Planning Board may:
      (1)   impose a civil fine or administrative civil penalty authorized by Section 50-41;
      (2)   suspend or revoke the site plan;
      (3)   approve a compliance program which would permit the applicant to take corrective action to comply with the certified site plan;
      (4)   allow the applicant to propose modifications to the certified site plan; or
      (5)   take any combination of these actions.
   (b)   If, at the end of the effective period of any compliance program approved by the Planning Board, the Planning Board or its designee finds that the applicant has not taken sufficient corrective action, the Planning Board may without holding further hearings, revoke the site plan or take other action necessary to ensure compliance, including imposing civil fines, penalties, stop work orders, and corrective orders under Section 50-41.  The Planning Board may obtain investigations and reports as to compliance from appropriate County or State agencies.
   (c)   If the Planning Board suspends or revokes a site plan, the Department must immediately suspend any applicable building permit under which construction has not been completed, or withhold any applicable use-and-occupancy permit, until the Planning Board reinstates the site plan or approves a new site plan for the development.
(Legislative History: Ord. No. 9-39, § 1; Ord. No. 12-73, § 2; Ord. No. 13-35, § 1; Ord. No. 13-112, §1; Ord. No. 14-36, § 1; Ord. No. 14-49, § 1; 15-63, § 3; Ord. No. 16-48, § 2.)
   Editor’s note—Ord. No. 15-63, § 6, states: Except as provided in this Section, this ordinance takes effect on April 1, 2006. Sections 59-D-3.1, 59-D-3.2, and 59-D-3.4, as amended by this ordinance, apply to any site plan that the Planning Board approves on or after April 1, 2006.  Sections 59-D-3.23 and 59-D-3.3, as amended by this ordinance, apply to any site plan for which an application is filed with the Planning Board on or after May 1, 2006.  Sections 59-D-3.0, 59-D-3.5, 59-D-3.6, 59-D-3.7, and 59-D-3.8, as amended by this ordinance, apply to all site plans approved at any time before or after April 1, 2006.
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