Maryland Maryland-National Capital Park and Planning Commission Section 7-121.1

      (a)      In this section the following words have the meanings indicated.

            (1)      "Developer" means a person having a legal or equitable interest in real property located in Prince George's County.

            (2)      "Development" means any activity, other than normal agricultural activity, which materially affects the existing condition or use of any land or structure.

            (3)      "Development rights and responsibilities agreement" or "agreement" means an agreement, negotiated and executed by the county executive or the county executive's designee, with the approval of the district council, for the purpose of establishing conditions for advancing school capacity.

      (b)      This section applies only in Prince George's County.

      (c)      A developer or developer's representative may petition the county executive requesting that an agreement be executed.

      (d)      The county executive may:

            (1)      Negotiate development rights and responsibilities agreements for real property located in the county with a developer;

            (2)      Include a federal, State, or local government or unit as an additional party to the agreement; and

            (3)      Execute an agreement only after its approval by the district council.

      (e)      The district council:

            (1)      May:

                  (i)      Establish procedures and requirements for the consideration and execution of development rights and responsibilities agreements, including provisions for negotiation and approval in accordance with this section; and

                  (ii)      Approve development rights and responsibilities agreements negotiated by the county executive; and

            (2)      Shall require a public hearing before approving a development rights and responsibilities agreement.

      (f)      An agreement executed by the county executive takes effect without any further action by the district council.

      (g)      The county executive may not enter into an agreement unless a planning board of the Commission determines that the proposed agreement is consistent with the Commission's general plan.

      (h)      (1)      An agreement shall include:

                  (i)      A description of the real property subject to the agreement;

                  (ii)      The parties involved;

                  (iii)      The specific purposes of the agreement;

                  (iv)      The duration of the agreement;

                  (v)      A physical description and location of the buildings, structures, and supporting facilities and features on the real property;

                  (vi)      A description of all anticipated permits required or already approved for the development of the real property;

                  (vii)      Provisions for the construction or financing of adequate public facilities for schools;

                  (viii)      A statement that the proposed development is consistent with the Commission's general plan and all applicable development laws and regulations; and

                  (ix)      A description of the conditions, terms, restrictions, or other requirements determined by a planning board to be necessary to ensure the public health, safety, and welfare of its citizens.

            (2)      An agreement may:

                  (i)      Establish the terms by which and a period of time during which an approved development, or individual phases, must commence and be completed; and

                  (ii)      Provide for other matters consistent with this article.

      (i)      Unless otherwise provided within the agreement or extended by amendment under subsection (k) of this section, an agreement shall contain a definite period of duration that is determined by the parties, not exceeding 15 years. Any extension must be approved by the district council.

      (j)      The laws, rules, regulations, and policies in force at the time the parties execute the agreement shall govern the use, density, or intensity of the real property subject to the agreement unless the district council or State or federal government determines that compliance with laws, rules, regulations, and policies enacted or adopted after the parties executed the agreement is essential to ensure the health, safety, or welfare of the residents of all or part of the jurisdiction.

      (k)      The parties to an agreement may amend the agreement by mutual consent if the district council:

            (1)      Approves any substantial modification; and

            (2)      Determines that the proposed amendment to the agreement is consistent with the Commission's general plan.

      (l)      (1)      The parties to an agreement may terminate the agreement by mutual consent.

            (2)      The county executive may suspend or terminate an agreement if the county executive determines that the suspension or termination is essential to ensure the public health, safety, or welfare.

      (m)      (1)      An agreement shall be void if not recorded in the land records office of Prince George's County within 30 days after the date on which the parties execute the agreement.

            (2)      When an agreement is recorded, the parties to the agreement and their successors in interest are bound to the agreement.

      (n)      Unless terminated under subsection (l) of this section, an agreement may be enforced by the parties to the agreement or their successors in interest, utilizing all remedies available at law or in equity. No right to an administrative appeal arises from the negotiation or enforcement of an agreement.