Sec. 8-34. Reserved.

   2006 L.M.C., ch. 5, § 1, renumbered former Sec. 8-34 to Sec. 8-32.

Sec. 8-35. Reserved.

   Former Sec. 8-35, Penalties, which was derived from 1990 L.M.C., ch. 3, § 2, was repealed by 2006 L.M.C., ch. 5, § 1.

Sec. 8-36. Reserved.

   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 Regulations, which was derived from 1990 L.M.C., ch. 3, § 2, was repealed by 2006 L.M.C., ch. 5, § 1.

Article V. Development Approval Payments.

Sec. 8-37. Payment.

   (a)    Any person who receives approval of a preliminary plan of subdivision under any Alternative Review Procedure for Transportation Facilities adopted in the Growth Policy which requires a Development Approval Payment must pay a development approval payment to the Director of Finance.

   (b)    If the applicant has received approval under the Alternative Review Procedure for limited residential development, the applicant must pay the applicable development approval payment before a building permit is released for any building in the area covered by the subdivision plan.

   (c)    If the applicant has applied under the Alternative Review Procedure for Metro Station Policy Areas, the applicant must agree, in a contract with the Planning Board and the Department of Transportation, as a condition of plan approval to pay the first installment of the development approval payment, as provided in Section 8-41, for each building in the area covered by the subdivision plan before the Department releases a building permit for that building. In addition, the applicant, and the owner of the property if the owner is not the applicant, must expressly accept in the same contract:

      (1)   the applicant's liability for the entire development approval payment, and

      (2)   the attachment to all real property in the subdivision of the lien imposed under Section 8-42(e). (1993 L.M.C., ch. 46, § 1; 1996 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 2, § 2; 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.