Authority. The County Council for Dorchester County
shall exercise the authority granted by § 13.01 of Article
66B, Zoning and Planning, of the Annotated Code of Maryland to enter
into development rights and responsibility agreements.
Applicability. Any person having a legal or equitable
interest in real property in Dorchester County may petition the County
Council for Dorchester County to enter into an agreement.
A description of the conditions, terms, restrictions,
or other requirements determined by the County Council, or its designees,
to be necessary to ensure public health, safety and welfare;
Responsibility for attorney's fees, costs and
expenses incurred by the County Council in the event any agreement
is abandoned or breached by the petitioner.
An agreement may fix the period in and terms by which
development and construction may commence and be completed, as well
as provide for other matters consistent with this title.
Referral to Planning Commission. Upon receipt of a
petition, the County Council shall refer the petition to the Planning
Commission for a determination whether the proposed agreement is consistent
with the Comprehensive Plan and, where applicable, the Growth Area
Plan. The County Council may not enter into an agreement unless the
Planning Commission determines whether the proposed agreement is consistent
with the Comprehensive Plan.
Public hearing. Before an agreement may be executed
by the County Council, the County Council shall hold a public hearing
on the agreement. Notice of the hearing shall be published in a County
newspaper of general circulation once each week for two consecutive
weeks, with the first such publication of notice appearing at least
14 days prior to the hearing. The notice shall contain the name of
the petitioner, a brief description sufficient to identify the property
involved, a fair summary of the contents of the petition and the date,
time, and place of the public hearing.
The parties may not amend an agreement unless the
Planning Commission determines whether the proposed amendment is consistent
with the Comprehensive Plan.
After a public hearing, the County Council may suspend
or terminate an agreement if the County Council determines that termination
or suspension is essential to ensure the public health, safety or
welfare.
Except as provided in Subsection I(2), the laws, rules, regulations and policies governing the use, density or intensity of the real property subject to the agreement shall be the laws, rules, regulations and policies in force at the time the County Council and the petitioner execute the agreement.
An agreement may not prevent compliance with the laws,
rules, regulations and policies enacted after the date of the agreement,
if the County Council determines that imposition and compliance with
these laws and regulations is essential to ensure the public health,
safety or welfare of residents of all or part of Dorchester County.
An agreement shall be void if not recorded in the
land records of Dorchester County within 20 days after the day on
which the County Council and the petitioner execute the agreement.
Enforcement by interested parties. Unless terminated under Subsection H, Termination of agreements; suspension, of this section, the County Council or the petitioner, and their successors in interest, may enforce the agreement.