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.