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(a) As provided in subsection (b), the Director may issue a building permit only if the Planning Board has made a timely determination that public facilities will be adequate to serve the proposed development encompassed by the permit application under:
(1) Chapter 50, if required;
(2) Chapter 59 for project plans or site plans, if required; or
(3) Section 8-32 for development if the Planning Board or its designee finds that a new adequate public facilities determination is required under this Article, Section 50-20, or other applicable law.
The work performed after the permit is issued must conform to the uses and amount of development for which the adequacy of public facilities was reviewed.
(b) Applicability. This Article applies to each applicant for a building permit on a recorded lot for which no valid finding of adequate public facilities has been made, including any recorded lot for which an original finding of adequate public facilities has expired. (1990 L.M.C., ch. 3, § 2; 1996 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 2, § 2; 2006 L.M.C., ch. 5, § 1.)
Editor’s note—2006 L.M.C., ch. 5, § 2, states: Transition. Any replacement building for which a site plan application was accepted by the Planning Board before this Act became law [April 3, 2006] need not comply with the requirements of Section 8-31, as amended by Section 1 of this Act, for a timely adequate public facilities determination if: (a) the building was not required to obtain that determination before this Act took effect [July 3, 2006]; and (b) the replacement building would be less than 1,000 square feet larger than the building it would replace.
(a) Initial referral of applications. The Director must refer each building permit application to which this Article applies to the designee of the Planning Board to conduct an adequate public facilities analysis for the Board’s review.
(b) Review by other agencies. The Director must also refer each application to which this Article applies for comments on the adequacy of public facilities to:
(1) the Department of Transportation;
(2) the Superintendent of the Montgomery County Public School System;
(3) the County Fire and Rescue Service; and
(4) the Department of Police.
Each recipient must submit any comments on the application to the Planning Board within 30 days after receiving the application from the Director.
(c) Review and finding by Planning Board.
(1) Standards and Conditions. The Planning Board may consider an application for timely adequate public facilities determination as part of a site plan review under Division 59-D-3 if site plan review is otherwise required. The Board may condition its adequacy finding on the execution of appropriate agreements with an applicant to the extent permitted for adequate public facilities determinations under subdivision or site plan approval procedures.
(2) Hearing Requirement. An applicant for a building permit or other interested person must be given the opportunity for a hearing before the Board acts under this Section. The Planning Board finding is final agency action for purposes of judicial review.
(3) Planning Board Finding. When the Planning Board receives all necessary information from the applicant and reviews any comments received from other public agencies and any other person, the Board must find, consistent with the adopted Growth Policy, whether all applicable public facilities will be adequate to support the proposed development.
(4) The Planning Board may establish procedures to carry out its responsibilities under this Section, including procedures to delegate the review of certain applications to a designee of the Board.
(d) Decision by Director.
(1) Administrative Decision. After receiving the adequacy finding of the Planning Board, the Director may issue, deny, or condition any permit, as appropriate, including requiring the applicant to execute binding agreements with the Planning Board.
(2) Appeal. An applicant or other interested person may appeal the decision of the Director as provided in Section 8-23. The Planning Board must receive notice of each decision of the Director under this Section and any appeal to the Board of Appeals. The Planning Board may intervene, request a hearing, and otherwise participate fully in a proceeding before the Director, the Board of Appeals, or any court with respect to the adequacy of public facilities.
(e) Time limit. An adequate public facilities determination made under this section remains valid for not less than 5 or more than 12 years, using the standards in Section 50-20. (1990 L.M.C., ch. 3, § 2; 1996 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 2, § 2; 2006 L.M.C., ch. 5, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Sec. 8-32, formerly Sec 8-34, was renumbered and amended by 2006 L.M.C., ch. 5, § 1.
Former Sec. 8-32, Registration of certain properties, which was derived from 1990 L.M.C., ch. 3, § 2, was repealed by 2006 L.M.C., ch. 5, § 1.)
Former Sec. 8-33, Partial exemption from full compliance with local area transportation review requirements, which was derived from 1990 L.M.C., ch. 3, § 2; 1996 L.M.C., ch. 4, § 1, was repealed by 2006 L.M.C., ch. 5, § 1.
2006 L.M.C., ch. 5, § 1, renumbered former Sec. 8-34 to Sec. 8-32.
Former Sec. 8-35, Penalties, which was derived from 1990 L.M.C., ch. 3, § 2, was repealed by 2006 L.M.C., ch. 5, § 1.
Former Sec. 8-36. Regulations, which was derived from 1990 L.M.C., ch. 3, § 2, was repealed by 2006 L.M.C., ch. 5, § 1.
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