[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.
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.
[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.
