Article 1. Master Plans.
§ 33A-1. Effect of chapter.
§ 33A-2. Definitions.
§ 33A-3. Initiation of plan.
§ 33A-4. Amendments.
§ 33A-5. Public hearing-preparation; copies to be made available; comments by county executive.
§ 33A-6. Public hearing.
§ 33A-7. Planning Board Draft.
§ 33A-8. District Council action.
§ 33A-9. Adoption of plan.
§ 33A-10. Publication of adopted plans.
§ 33A-11. Certification and filing.
§ 33A-12. Previously adopted plans to remain effective.
§ 33A-13. Administrative procedures.
Article 2. Components of the Plan.
§ 33A-14. Greenhouse Gas Emissions and Racial Equity and Social Justice.
Article 3. Growth Policies.
§ 33A-15. Growth and Infrastructure Policy.
§ 33A-16. Reserved.
Article 4. Land Use Information Functions.
§ 33A-17. Information and referral services.
Notes
| [Note] | *Editor's note—In Montgomery Preservation, Inc. v. Montgomery County Planning Board, 424 Md. 367, 36 A.3d 419 (2012), the Court quoted Section 33A-7 when interpreting Chapter 33A as giving the County Council authority to enact laws to implement the County’s historic preservation authority. Chapter 33A is cited in Montgomery Preservation, Inc. v. Montgomery County Planning Board, 197 Md. App. 388, 14 A.3d 1 (2011), and in Boyds Civic Association v. Montgomery County Council, 309 Md. 683, 526 A.2d 598 (1987). |
Under authority of chapter 711 of the 1969 Laws of Maryland, this chapter establishes planning procedures for Montgomery County, which supersede the following former provisions of section 63 of the regional act to the extent that said provisions were repealed by chapter 711 of the 1969 Laws of Maryland, but have remained in effect until suspended, superseded or amended by the district council: 63(c), 63(d)(2), 63(d)(3), 63(d)(5), 63(d)(6), and 63(d), 63(f) and 63(g). (Ord. No. 7-38, § 1.)
In this Chapter, the following words have the meanings indicated:
“Commission” means the Maryland-National Capital Park and Planning Commission.
“District Council” means the County Council sitting as the District Council for that portion of the Maryland-Washington Regional District in Montgomery County.
“Greenhouse gas” includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and any other gas or substance the Director of the Department of Environmental Protection finds to be a significant contributor to global warming.
“Plan”means the General Plan, an area master plan, a sector plan, the Master Plan of Highways, a functional plan, and any amendments to those plans, as described in the Regional District Act.
“Planning Board” means the Montgomery County Planning Board.
“Regional District Act” means Chapter 780 of the Laws of Maryland for 1959, as amended and codified in Division II of the Land Use Article of the Maryland Code. (Ord. No. 7-38, § 1; 2008 L.M.C., ch. 11, § 1; 2019 L.M.C., ch. 23, §1.)
The Commission or the District Council shall initiate work on a plan in accordance with the provisions of Title 21 of the Regional District Act. (Ord. No. 7-38, § 1;
2019 L.M.C., ch. 23
, §1.)
The initiation, preparation, approval, adoption, publication and certification of amendments to plan shall take place in accordance with the same procedures as are established by this chapter with respect to plans. (Ord. No. 7-38, § 1.)
Editor’s note-The above section is cited in Boyds Civic Association v. Montgomery County Council, 67 Md.App. 131, 506 A.2d 675 (1986).
The Commission must prepare a public hearing draft of a plan or an amendment to an adopted plan. Upon request of the Commission, the County Executive must, and any municipality in or adjacent to the planning area should, provide as early as possible, preliminary information on existing conditions and those likely to result from proposed changes in land use which may affect the need for transportation, water and sewer services, and other public facilities and services, including any fiscal implications of the plan or amendment, and any other studies, data, and information pertinent to the preparation of the public hearing draft. When the draft plan is prepared, the Commission must submit it, not later than 30 days before the public hearing specified in Section 33A-6, to the Executive and any municipality in or adjacent to the planning area for review and comment. Copies of the public hearing draft must be made available to the District Council and the public by the Commission not less than 30 days before the public hearing. The Executive or a designee must present, either in writing or orally at the public hearing or in the hearing record, the comments and recommendations of the Executive on the effect of the public hearing draft upon public facilities and the County capital improvements program. The Executive should present his comments in writing before the public hearing so that the public may review and testify on the Executive's comments at the public hearing. The failure of the Executive to present comments or recommendations before the public hearing record is closed indicates concurrence with the public hearing draft plan. (Ord. No. 7-38, § 1; Ord. No. 12-47, § 1.)
Editor’s note-The above section is quoted in Boyds Civic Association v. Montgomery County Council, 67 Md.App. 131, 506 A.2d 675 (1986).
The Commission must conduct a public hearing on the public hearing draft plan or amendment. The public hearing may be conducted in the area affected by the plan, if practicable. Notice of the hearing must be given not less than 30 nor more than 60 days before the hearing by publication at least once in a newspaper of general circulation in Montgomery County. In addition, the Commission must mail notices to all citizens' associations which the records of the Commission show are located in or adjacent to the planning area. The notice of the hearing must specify the time and place of the hearing, the area of the County affected, and the subject matter of the hearing. (Ord. No. 7-38, § 1; Ord. No. 12-47, § 1.)
Editor’s note—The above section is cited in Montgomery Preservation, Inc. v. Montgomery County Planning Board, 197 Md. App. 388, 14 A.3d 1 (2011), and quoted in Boyds Civic Association v. Montgomery County Council, 67 Md.App. 131, 506 A.2d 675 (1986).
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