COMCOR 50.10.01 Administrative Procedures for Development Review*
COMCOR 50.35.01 Schedule of Fees for Transportation-related Reviews of Subdivision Plans and Documents
COMCOR 50.35.02 Implementing the Subdivision Staging Policy’s White Flint Alternative Review Procedure**
* Council Resolution 20-112
** Council Resolution 17-213
A. Purpose. These regulations define administrative procedures for the submission and review of all plans submitted to the Montgomery County Planning Department, under the Subdivision Regulations and the Zoning Ordinance of the Montgomery County Code. In addition, these regulations define the noticing procedures for forest conservation plans submitted to the Montgomery County Planning Department in compliance with the Forest Conservation Law. These procedures are designed to provide accurate and complete information and to ensure a thorough and timely review process as a basis for decisions. These regulations were adopted by the Planning Board and approved as regulations by the County Council under Chapter 50, Section 10.1 and as contemplated by Chapter 59, Section 7.6.3.D..
1. These regulations:
(a) define a process that is comprehensive, clear, transparent, and understandable to citizens, developers, applicants, review agencies, staff, and other interested parties;
(b) clarify standards and procedures for submission of timely and relevant information by applicants;
(c) provide procedures for timely participation by government agencies in the review of applications; and
(d) provide procedures for participation by interested parties, such as owners of properties adjoining the project site, so that their issues and concerns can be submitted to staff and the Board for consideration during the review process before the Board decides and acts on the proposed land development project.
2. These regulations are intended to identify the steps that an applicant must take to apply for the review and approval of specific types of development approvals that are acted upon by either the Board or Director, and to provide a comprehensive explanation of what is involved in processing a development application, including the steps to ensure a thorough and timely review.
B. Applicability. The development review process covered in these regulations applies to all development applications submitted to the Montgomery County Planning Department and acted upon by the Board or Director under Chapter 50 and Chapter 59 of the County Code. In addition, the noticing procedures covered in these regulations also apply to forest conservation plans not associated with preliminary plans, administrative subdivision plans, sketch plans, site plans, signature business headquarters plans or biohealth priority campus plans.
C. Definitions. All terms used in these regulations that are defined in Chapter 22A, Chapter 50, or Chapter 59 have the same meanings as the definitions in those Chapters.
D. Rules of interpretation. The rules of interpretation contained in Chapter 22A, Chapter 50, and Chapter 59 apply to these regulations. Footnotes used in these regulations are a part of the requirements.
A. In processing and reviewing the application, the Planning Department staff must:
1. Appoint a lead reviewer to coordinate the review of the application and the receipt of inquiries related to the application or the regulatory process.
2. Review the application carefully, fairly, and in a timely manner.
3. Apply the applicable laws, regulations, and guidelines consistently.
4. Work with all parties to present a recommendation to the Board that complies with the applicable standards of review.
5. Attempt to identify issues early in the process and strive to resolve them as early as possible.
6. Cooperate with other agency and utility company staffs, the applicant, and the public to seek a mutually satisfactory resolution when issues arise.
7. Collaborate with other review agencies and other parties, actively seeking solutions that achieve the County’s planning and community-building goals.
8. Carry out County and Planning Board policies, with special attention to:
(a) adopted Master Plans;
(b) applicable land use, transportation, and environmental laws, regulations, and guidelines;
(c) the Growth and Infrastructure Policy, as amended;
(d) standards of professional responsibility; and
(e) promotion of design excellence.
B. Planning Department staff and other government agency and utility company staff who participate in the review of development applications must:
1. Review each application carefully, fairly, and in a timely manner.
2. Participate in scheduled Development Review Committee (DRC) meetings, either in person or by transmitting written comments to the DRC chair.
3. Make reasonable efforts to participate, when necessary, in supplemental meetings on specific cases, as requested by either the lead reviewer or the applicant.
4. Work collaboratively to identify and seek mutually satisfactory resolutions, using the lead-agency protocol for conflicting recommendations created though a Memorandum of Understanding between the Planning Department and several of the agency members of the DRC to involve appropriate managers or chiefs from the conflicting agencies.
5. Report recommendations to the Board that are contrary to Planning staff’s in the rare event that agencies with conflicting comments are unable to timely reach a mutually satisfactory recommendation on issues related to a development application after following the protocol referenced above.
C. Applicants must:
1. Select a development team, consultants, and representatives appropriate for the project.
2. Follow Planning Board and County policies, procedures, and regulations related to the proposed development project.
3. Submit complete and accurate applications.
4. Refer questions, issues, and all revisions concerning the filed application to the lead reviewer.
5. Notify the lead reviewer promptly if there is a major change to the development project under review.
6. Work with review staffs and the public in a cooperative manner to seek a mutually satisfactory resolution when issues arise.
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