[HISTORY: Adopted by the Board of County Commissioners of Calvert County 3-1-1997 by Ord. No. 10-97. Amendments noted where applicable.]
The following procedures and requirements for the consideration and execution of development rights and responsibility agreements be, and the same are, hereby adopted.
The Board of County Commissioners of Calvert County hereby retains the authority granted by § 13.01 of Article 66B of the Annotated Code of Maryland to enter into development rights and responsibility agreements pursuant to certain subsections of that statute.
Any person having a legal or equitable interest in real estate may petition the Board of County Commissioners to enter into a development agreement. At a minimum, the petition shall contain the following:
Lawyer's certification that the petitioner has either a legal or equitable interest in the property.
The names of all parties having an equitable or legal interest in the property, including lien holders.
The location of the property.
The zoning designation of the property.
Utilities serving the property.
The potential economic impact of the development on the county.
Proposed county commitments.
The time length of the agreement.
Upon receipt of a petition, the Board shall refer the petition to the Planning Commission for a determination that the proposed agreement is consistent with the Comprehensive Plan, and, if the property is located within a Town Center, with the Master Plan of the Town Center. If the Planning Commission finds that the proposed agreement does not conform to the Comprehensive Plan and the appropriate Master Plan, the Board shall deny the petition.
After a proposed agreement is approved by the Planning Commission, the Board may deny the petition, refer the petition to staff for recommendations, or direct staff to negotiate an agreement pursuant to instructions provided by the Board. If the proposed agreement concerns commercial or industrial development, the proposal shall be referred to the Economic Development Commission for review, comment and recommendation.
Before an agreement may be executed by the Board, the Board 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 costs of advertising the notice in the newspaper shall be prepaid by the petitioner.
At the conclusion of the public hearing, or at the expiration of any time frame during which the record was held open, the Board of County Commissioners may decline to enter into the proposed agreement or it may enter the agreement as advertised or with such amendments as the Board may deem desirable.
If the Board elects to enter into a development agreement, the agreement shall conform to the requirements of § 13.01 of Article 66B of the Annotated Code of Maryland as amended from time to time.
Except as provided by § 13.01 of Article 66B of the Annotated Code of Maryland, any modification to an existing agreement shall be subject to the procedure set forth above for a new agreement.