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   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.
Sec. 59-D-3.7. Amendment of a site plan.
   (a)   The owner of the property to which a certified site plan applies may apply at any time for an amendment to the plan.  Each application must show every proposed amendment, in a format approved by the Planning Board, on a copy of the certified site plan.  The amendment process required in this Section is the only way a certified site plan may be modified.
   (b)   The Planning Board may approve any proposed site plan amendment after holding a public hearing, except as provided in subsection (c) and (d).
   (c)   The applicant must post a conspicuous notice of each proposed amendment within 3 days after filing the application with the Planning Director at one or more places and in a form and content approved by the Planning Director.  The applicant also must send written or electronic notice, in a form and content approved by the Planning Director, within 10 days after filing the application, to:
      (1)   each person who received notice of the hearing that the Planning Board held before the site plan was approved;
      (2)   the owner and (if known or reasonably identifiable by the applicant) any contract purchaser of each adjoining and confronting property; and
      (3)   each registered civic organization in the area of the property, as determined by the Planning Director.
If a person to whom notice was sent under this subsection, or any other affected person as defined by Planning Board regulations, has not filed a written or electronic request for a public hearing within 15 days after the notice is sent, the Planning Board may act on the amendment without holding a hearing.
   (d)   The Planning Director may approve in writing any application for an amendment to a site plan approved by the Planning Board, for which notice was provided under subsection (c), if the amendment:
      (1)   does not:
         (A)   increase the height of any building,
         (B)   increase the floor area of any non-residential building,
         (C)   increase the number of dwelling units, or
         (D)   prevent circulation on any street or path, and
      (2)   modifies one or more of the following elements of the approved site plan;
         (A)   a parking or loading area;
         (B)   landscaping, a sidewalk, recreational facilities, recreational area, public use space, or green area in a manner that does not alter basic elements of the plan; or
         (C)   any other plan element that will have a minimal affect on the overall design, layout, quality, or intent of the plan.
   (e)   The Planning Board Chair or the Board’s designee must sign any Board resolution that amends a certified site plan.  The Chair must forward each approved amendment to the Department immediately after signing it.
(Legislative History: Ord. No. 9-39, § 1; Ord. No. 12-59, §§ 3, 4; Ord. No. 15-63, § 3; Ord. No. 16-11, § 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.
   For site plans and project plans approved prior to July 18, 1994, which remain valid, the validity period and procedural requirements and limitations for plan extensions are as established under this ordinance.
Sec. 59-D-3.8. Validity.
   (a)   The period during which a site plan is effective starts on the later of:
      (1)   30 days after the Planning Board Chair or a designee mails the Board resolution approving the plan to the applicant and other parties of record; or
      (2)   if an administrative appeal is timely noted by any party who has standing to appeal, the date when the court having final jurisdiction acts, including the running of any further applicable appeal period.
   (b)   The effective period of a certified site plan depends on the expiration date of the underlying approved preliminary plan.  The site plan takes effect when the final record plat is recorded for all of the property covered by the approved preliminary plan.  Where phasing of development is required, each phase takes effect as provided in the preliminary plan.  The effective period for a site plan that includes land or building space for an arts or entertainment use approved under Section 59-C-62356 is governed by Section 50-20(c)(3)D.  After the record plat is recorded, the certified site plan does not expire or require amendment before a building permit is issued unless:
      (1)   the project’s determination of adequate public facilities made under Section 50-35(d) expires; or
      (2)   changes to the applicable zoning map, zoning text, or other applicable laws or regulations require the certified site plan to be modified.
This subsection does not preclude an applicant from seeking an amendment to a certified site plan to address minor changes to the applicable zoning map, zoning text, or other applicable laws or regulations.  In that case, the certified site plan remains in effect.
   (c)   If a preliminary subdivision plan is extended, then the certified site plan must remain in effect as long as the preliminary plan remains in effect.
(Legislative History: Ord. No. 9-39, § 1; Ord. No. 12-59, §§ 3, 4; Ord. No. 15-63, § 3; Ord. No. 16-25, § 4.)
   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.
   For site plans and project plans approved prior to July 18, 1994, which remain valid, the validity period and procedural requirements and limitations for plan extensions are as established under this ordinance.
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