All terms used in this Chapter that are defined in Chapter 59 or Chapter 49 have the same meanings as the definitions in those Chapters, unless otherwise defined here. In this Chapter, the following words and phrases have the meanings indicated.
A.
Administrative Civil Penalty: A monetary penalty imposed by the Board after considering the factors in this Chapter for violating a Planning Board Action or Director Action.
Administrative Subdivision Plan: A preliminary plan submitted for the Director’s approval before the preparation of a plat.
Agricultural Land: Land classified in the Agricultural Reserve zone established by Division 4.2 of Chapter 59; and land in other zones containing at least 25 acres devoted to an agricultural use as defined in Chapter 59.
Applicant, Developer or Subdivider: An individual, partnership, corporation, or other legal entity and its agent that undertakes the subdivision of land or the activities covered by this Chapter. The terms include all persons involved in successive stages of the project, even though such persons may change and ownership of the land may change. Each term includes the other.
B.
Bikeshare Station or Stations: A designated area on publicly or privately owned real property that contains one or more of the following items: bikeshare dock, terminal, technical platform, battery, and map frame.
Bicycle Facilities: Any infrastructure or amenity required to provide for or enhance use of bicycles for transportation or recreational purposes by the public, including but not limited to the following: bikeways, bicycle parking equipment or structures, bicycle repair stands, bikeshare stations, and end-of-trip services such as showers and changing rooms.
Board: The Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission.
Block: Land area bounded by roads, other rights-of-way, unsubdivided acreage, natural barriers, and any other barrier to the continuity of development.
Building Envelope: The portion of a lot, enclosed by the front, rear, and side setback lines and any additional building restriction lines, in which a structure may be placed.
Building Restriction Line: A line designating an area in which development or building is prohibited under this Chapter.
Burial site: A physical location where human remains were buried in the earth, or entombed in a mausoleum or columbarium. A burial site includes a cemetery, but does not include the sprinkling of ashes from cremated remains.
C.
Citation: A document noting a violation of a Planning Board Action or Director Action, seeking to impose a civil fine or corrective action.
Civil Fine: A requirement to pay a predetermined sum of money specified in an administrative citation for violating a Planning Board Action or Director Action.
Commission: The Maryland-National Capital Park and Planning Commission.
Council: The Montgomery County Council sitting as the District Council.
County Executive: The Montgomery County Executive.
D.
Department of Permitting Services: The Montgomery County Department of Permitting Services.
Department of Transportation: The Montgomery County Department of Transportation.
Development: The act of building structures and installing site improvements, both public and private, or the resulting structures and improvements.
Development Review Committee: A review committee to whom a plan is referred under the requirements of this Chapter. The Committee consists of Planning Department Staff and staff of any County, State, and Federal agency; municipality; and utility company and meets with applicants to facilitate review of the plan.
Developer: see “Applicant”.
Development Rights: The potential for the improvement of a tract of land based on its zoning classification, measured in dwelling units or floor area.
Director: The Director of the Montgomery County Planning Department or such Director’s designee.
Director Action: A written decision on a preliminary plan, site plan, or other plan, including all associated terms, conditions, requirements, and other obligations or limits, made by the Director under State law and Chapters 50 and 59, including any regulations approved under State or County law. For the purposes of an enforcement action, a Director Action excludes a decision made by the Director under Chapter 22A.
District or Regional District: The Maryland-Washington Regional District, established by the Land Use Article of the Annotated Code of Maryland.
E.
Easement: A grant or reservation by the owner of land for the use of all or a portion of the land to others, including the public, for a specific purpose or purposes. The easement must be included in the conveyance of the encumbered land. For platting under this Chapter, an easement area is included within the dimensions and areas of the lots through which the easement may run, and is not separated from the lot as in the case of a dedicated right-of-way.
Easement, Slope: An easement to permit the creation and maintenance of slopes necessary to stabilize construction or to stabilize lands adjacent to construction.
Enforcement Agent: The Director, or the Director’s designee responsible for determining compliance with a Planning Board Action or Director Action.
Engineer: A professional engineer licensed in Maryland.
Environmentally Sensitive Area: In this Chapter, environmentally sensitive areas are limited to: (a) slopes equal to or exceeding 25 percent, wetlands, streams, and associated buffers as defined in the latest version of the “Guidelines for Environmental Management of Development in Montgomery County”; and (b) critical habitats for threatened or endangered wildlife or plant species as defined in the Code of Maryland Regulations (COMAR) 08.03.08, or for species designated by the Maryland Wildlife and Heritage Service Natural Heritage Program, Department of Natural Resources as rare, watchlist, or in need of conservation.
F.
Floodplain: as defined in Chapter 19.
Floodplain, 100-year: as defined in Chapter 19.
G.
Growth and Infrastructure Policy: The resolution or guidelines adopted by the District Council to determine the adequacy of public facilities and services.
Growth Tiers: Tiers adopted by Montgomery County under Subtitle 5 of the Land Use Article.
H.
I.
Improvements: Required public or private infrastructure needed to support the development, including the following: roads; alleys; grading; road pavement; curbs and gutters; sidewalks; pedestrian ways or paths; bicycle infrastructure, including bikeshare facilities; water mains; sanitary sewer lines; water supply and sewage disposal; storm drain facilities; curb returns; sidewalk and driveway entrances in right-of-way; guard rails; retaining walls; sodding; planting; street trees; monuments; street lights; and stormwater management.
Improvement, Public: Any improvements located on land dedicated to the public or within a dedicated right-of-way or public improvement easement.
J.
K.
L.
Land Surveyor: A land surveyor who is licensed in the State to “practice land surveying” as defined in the Maryland Business Occupations and Professions Code Ann. Section 15-101, as amended.
Limit of Disturbance Line: A line designating an area beyond which land disturbance as defined in Chapter 19 is prohibited.
Lot: A discrete area of land that is described by a plat recorded in the land records for which the Department of Permitting Services may issue a building permit.
M.
Maryland Coordinate System: The coordinate system defined in the Annotated Code of Maryland, Real Prop. §§ 14-401 through 14-407.
Maryland-Washington Regional District in Montgomery County: An area defined by the Land Use Article of the Annotated Code of Maryland as the entire County; however, subdivision, planning, and zoning matters within the jurisdictional boundaries of Brookeville, Poolesville, Laytonsville, Rockville, Barnesville, Gaithersburg, and Washington Grove are governed only by each municipality’s ordinance.
Master Plan: A plan of any portion of the General Plan that may consist of maps, data, and other descriptive matter that guides the physical development of the district or any portion of the district, including any amendments, extensions, or additions by the Commission, indicating the general locations for major roads, parks or other public spaces, public building sites, routes for public utilities, zones, or other similar information. Master plan includes a sector plan and any other type of master plan prepared by the Board and approved by the District Council. See Land Use Article of the Annotated Code of Maryland.
Mid-Block Right-of-Way: A pedestrian or bike right-of-way within a block, which may include utilities where necessary, and from which motor vehicles are typically excluded.
Minor Subdivision: Creation of lots through the division, resubdivision, or assemblage of a lot, tract, or parcel of land, including minor adjustments to existing lot lines, that does not require the approval of a preliminary plan of subdivision. For the purpose of applying the State Growth Tier rules, a minor subdivision is separately defined in Section 4.3.F.3.a.i.
N.
Notice of Hearing: An administrative document issued by the Director that informs an alleged violator where and when an enforcement hearing will be held by the Board or the Board’s designee to address an alleged violation.
Notice of Violation: A document issued by an enforcement agent that informs a recipient of a violation and specifies the remedial action that the recipient must take to avoid further enforcement action.
O.
Outlot: An area of land shown on a record plat on which the construction of a building or other structure requiring a building permit is prohibited.
Owner: A person or other legal entity holding a legal title in the land, not including a mortgagee, lienor, lessee, or contract purchaser.
Ownership Plat: A plat approved by the Board and recorded in the land records for the convenience of the property owner that designates land as separate units for purposes of ownership identification only.
Ownership unit: An area of land shown on an ownership plat or on a record plat created only for the convenience of the owner under Section 7.1.D of this Chapter that reflects a deed, mortgage, or lease line but does not subdivide the underlying lot.
P.
Parcel, Unplatted: A contiguous area of land described only in a deed recorded in the land records and not included on a record plat.
Person: An individual, partnership, corporation, organization, or other legal entity that owns property or otherwise has an interest in a property.
Place of Worship: A meeting area for religious practices, including a church, a synagogue, a mosque, a convent, a temple, or a monastery.
Planning Board: see “Board”.
Planning Board Action: A final decision on a preliminary plan, site plan, project plan, sketch plan, water quality plan, or other plan, including all associated terms, conditions, requirements, and other obligations or limits, made by the Board under State law and Chapters 50 and 59, including any regulations issued under State or County law. For the purposes of an enforcement action, a Planning Board Action excludes a decision made by the Board under Chapter 22A.
Plat: A drawing depicting some or all of an approved subdivision, prepared and submitted under this Chapter, and intended for recording in the land records after approval by the Board. A plat may consist of one or more sequentially numbered sheets. See also “Record Plat”.
Preliminary Plan: A drawing for a proposed subdivision submitted for approval before the preparation of a plat.
Pre-Preliminary Plan: A drawing for a proposed subdivision submitted for binding or non-binding advice before the submission of a preliminary plan.
Q.
R.
Receiving Area: Land designated on the zoning map as qualified for more development than its base density through the transfer of development rights.
Record Plat: A plat of subdivision recorded in the land records under the requirements of this Chapter.
Resubdivision: A change to any lot line created by a previously recorded record plat. Resubdivision includes the assembly of recorded lots or parts of previously recorded lots. A resubdivision is a subdivision.
Right-of-Way: Land intended for the passage of people, vehicles, or utilities, as shown on a record plat or described by a deed of dedication under Section 50.3.3.A.3. Any right-of-way for a public road must be dedicated to public use by the maker of the plat. The land area of a public right-of-way may be donated in fee to the County, state, or other governmental body. The parcel or area delineated on a plat for a private road is the private road right-of-way.
Road: Any street, highway, avenue, lane, alley, or viaduct, or any segment of any of them. Roads must be created by a subdivision plan under this Chapter and be shown on a record plat or deemed a road under Chapter 49.
Road, Centerline of: A line established as a centerline of a road right-of-way by any State, County, or other official agency or governing body with jurisdiction and shown on an officially adopted plan or recorded plat. In the absence of an official centerline, the Board or Director must establish the centerline with consultation from the applicable agency with jurisdiction over the road.
Road Design and Construction Code: Article 3 of Chapter 49 and any regulation that implements and amends that Article.
S.
State: The State of Maryland.
Stop Work Order: In this Chapter, an administrative order issued by an enforcement agent that requires a person to discontinue any further development, construction, or other land disturbance activity authorized by a Planning Board Action or a Director Action until a violation has been corrected.
Subdivider: see “Applicant”.
Subdivision (v.): The division or assemblage of a lot, tract, or parcel of land into one or more lots or parcels or other divisions for the purpose, whether immediate or future, of sale or development. The definition of subdivision does not include a bona fide division of exclusively agricultural land not for development purposes. A resubdivision is a subdivision.
Subdivision (n.): The land or area subdivided.
Subdivision Regulations: Chapter 50 of the Montgomery County Code, also referred to as this Chapter.
T.
Tract: A contiguous area of land, including all proposed and existing rights-of-way, lots, parcels, and other land dedicated or donated in fee by the owner or a predecessor in title. A tract does not include land conveyed to a government for more than nominal consideration.
Turnaround: The termination of a road in the approximate shape of a “T”, built to allow vehicles to reverse direction using a 3-point turn. A temporary turnaround may become the permanent terminus of a public street when it is so approved by the Director of the Department of Transportation.
U.
Utilities: Water, sewage, gas, electric, energy, telecommunications, telephone, broadband, cable facilities, and similar facilities that serve the public.
V.
W.
Water Quality Plan: A plan, including supporting documents, required as part of a water quality review under Chapter 19 for certain projects located in a special protection area.
WMATA: The Washington Metropolitan Area Transit Authority.
WSSC: The Washington Suburban Sanitary Commission.
X.
Y.
Z.
(Mont. Co. Code 1965, §104-1; Ord. No. 6-123; Ord. No. 6-129, §2; Ord. No. 9-11, §1; Ord. No. 9-24, §1; Ord. No. 10-47, §1; Ord. No. 10-78, §1; Ord. No. 12-74, §1; Ord. No. 12-83, §1; Ord. No. 13-57, §1; Ord. No. 13-91, §1; Ord. No. 15-22, §1; Ord. No. 15-65, §1; Ord. No. 16-05, §1; Ord. No. 16-47, §1; Ord. No. 18-19, §2; Ord. No. 18-31, §1; 2021 L.M.C., ch. 3, §1; Ord. No. 19-22, §1.)
Editor’s note—All of Montgomery County lies within the Maryland-Washington Regional District, subject to the limitations contained in article 28 of the Md. Ann. Code.
This section is cited in Lee v. Maryland-National Capital Park & Planning Commission, 107 Md.App. 486, 668 A.2d 980 (1995). Section 2.2 [formerly §50-1 and, prior to that, §104-1] is cited in Gruver-Cooley Jade Corporation v. Perlis, 252 Md. 684, 251 A.2d 589 (1969). Section 2.2 [formerly §50-1 and, prior to that, §19-1] is cited in Nohowel v. Hall, 218 Md. 160, 146 A.2d 187 (1958).
Ord. No. 15-65, §2, states: This ordinance takes effect on March 1, 2006. Section 50-41 [now portions of §§2.2 and 10.6], as amended by this ordinance, applies to any enforcement action taken on or after that date, including any action to enforce a Planning Board Action taken before that date.