In this chapter, the following words have the meanings indicated:
A development rights and responsibilities agreement.
The Talbot County Council.
The Talbot County Planning Commission.
[HISTORY: Adopted by the County Council of Talbot County 1-13-2009 by Bill No. 1161.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Comprehensive Plan — See Ch. 39.
Floodplain management — See Ch. 70.
Forest conservation — See Ch. 73.
Zoning, subdivision and land development — See Ch. 190.
[1]
Editor's Note: This bill also provided that it shall remain effective until 3-30-2023.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Talbot County, acting through the County Council, shall exercise the authority granted by Md. Code Ann., Land Use Art., § 7-301 et seq., to enter into development rights and responsibilities agreements.
Any person having a legal or equitable interest in real property located within the County may petition the County Council to enter into an agreement pertaining to the development of that property. Talbot County may include a federal, state, or local government or unit as an additional party to the agreement.
A.
At a minimum, a development rights and responsibilities agreement shall contain the following:
(1)
A legal description of the real property subject to the agreement;
(2)
A certification that the petitioner has either a legal or equitable interest in the property;
(3)
The names of all parties having an equitable or legal interest in the property, including lienholders;
(4)
The duration of the agreement, including any proposed phasing plan of the development;
(5)
The permissible uses of the real property;
(6)
The density or intensity of use of the real property;
(7)
The maximum height and size of structures to be located on the real property;
(8)
A description of the permits or approvals required or already approved for the development of the real property;
(9)
A statement that the proposed development is consistent with applicable development regulations and the County Comprehensive Plan;
(10)
A description of the conditions, terms, restrictions or other requirements determined by the County Council, or its designees, to be necessary to ensure the public health, safety and welfare;
(11)
In addition, the agreement shall include provisions for the following matters to the extent that they are applicable to the proposed development project:
(a)
Dedication of portions of the real property for public use;
(b)
Protection of sensitive areas;
(c)
Preservation or archaeological investigation of prehistoric sites which may provide information not commonly available from similar sites in the County; and preservation or restoration of significant historical structures for which preservation or restoration, and maintenance, are economically reasonable and feasible; and
(d)
Construction or financing of public facilities and extension or improvement of necessary utilities.
(12)
Provisions requiring the developer to reimburse the County for its attorneys' fees, costs and expenses incurred in the event an agreement is breached by the petitioner.
B.
In addition to the matters set out in Subsection A, an agreement may fix the period in which and terms by which development and construction may commence and be completed, as well as provide for other matters consistent with this chapter, including the phasing of development in such a manner that public facilities and services may be provided in an orderly and sequential fashion in the discretion of Talbot County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon receipt of a petition to enter into an agreement, the petition shall be referred to the Planning Commission for a determination of whether the proposed agreement is consistent with the County's Comprehensive Plan. Talbot County may not enter into an agreement unless the Planning Commission determines the proposed agreement is consistent with the Comprehensive Plan.
A.
Before an agreement may be executed by the County, the County Council shall hold a public hearing on the proposed agreement. Notice of the hearing shall be published in a newspaper of general circulation within the County 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. This hearing may be combined with other required public hearings for the proposed development.
B.
If after consideration of all information produced as a result of the public hearing, the County Council determines that execution of an agreement is in the best interest of the County and furthers the purpose and intent of this chapter, the County Council shall enact a resolution approving the agreement and authorizing the County Manager to execute and deliver the same.
A.
Except as provided in Subsection B of this section, the laws, rules, regulations and policies governing the use, density, or intensity of use or development of the real property subject to the agreement shall be the laws, rules, regulations and policies in force at the time that all parties execute the agreement.
B.
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 the County.
Unless terminated under § 50-8 of this chapter, the County, the petitioner, any other party to the agreement, and their successors in interest, may enforce the agreement.