[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:
A.
Lawyer's certification that the petitioner has either a legal
or equitable interest in the property.
B.
The names of all parties having an equitable or legal interest in
the property, including lien holders.
C.
The location of the property.
D.
The zoning designation of the property.
E.
Utilities serving the property.
F.
The potential economic impact of the development on the county.
G.
Proposed county commitments.
H.
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.
