Maryland Land Use Section 1.03

Article - Land Use

§ 1.03.

      (a)      (1)      When developing a comprehensive plan for a charter county, a planning commission shall include:

                  (i)      A transportation plan element which shall:

                        1.      Propose the most appropriate and desirable patterns for the general location, character, and extent of the channels, routes, and terminals for transportation facilities, and for the circulation of persons and goods on a schedule that extends as far into the future as is reasonable;

                        2.      Provide for bicycle and pedestrian access and travelways; and

                        3.      Include an estimate of the probable utilization of any proposed improvement;

                  (ii)      If current geological information is available, a mineral resources plan element that:

                        1.      Identifies undeveloped land that should be kept in its undeveloped state until the land can be used to provide or assist in providing a continuous supply of minerals, as defined in § 15-801(i) of the Environment Article;

                        2.      Identifies appropriate postexcavation uses for the land that are consistent with the county's land planning process;

                        3.      Incorporates land use policies and recommendations for regulations:

                        A.      To balance mineral resource extraction with other land uses; and

                        B.      To the extent feasible, to prevent the preemption of mineral resources extraction by other uses; and

                        4.      Has been reviewed by the Department of the Environment to determine whether the proposed comprehensive plan is consistent with the programs and goals of the Department;

                  (iii)      An element which contains the planning commission's recommendation for land development regulations to implement the comprehensive plan and which encourages:

                        1.      Streamlined review of applications for development, including permit review and subdivision plat review within the areas designated for growth in the comprehensive plan;

                        2.      The use of flexible development regulations to promote innovative and cost-saving site design and protect the environment; and

                        3.      Economic development in areas designated for growth in the comprehensive plan through the use of innovative techniques; and

                  (iv)      A sensitive areas element that contains goals, objectives, principles, policies, and standards designed to protect sensitive areas from the adverse effects of development.

            (2)      The channels, routes, travelways, and terminals required under paragraph (1)(i) of this subsection may include all types of highways or streets, bicycle ways, sidewalks, railways, waterways, airways, routings for mass transit, and terminals for people, goods, and vehicles related to highways, airways, waterways, and railways.

            (3)      The mineral resources plan element required under paragraph (1)(ii) of this subsection shall be incorporated in:

                  (i)      Any new comprehensive plan adopted after July 1, 1986 for all or any part of a jurisdiction; and

                  (ii)      Any amendment or addition that is adopted after July 1, 1986 to a comprehensive plan that was in effect on July 1, 1985.

      (b)      (1)      A planning commission shall include in its comprehensive plan all elements required in subsection (a) of this section and the visions set forth in § 1.01 of this article.

            (2)      At least once every 6 years, the planning commission shall review and, if necessary, revise or amend a comprehensive plan to include all elements required in subsection (a) of this section and the visions set forth in § 1.01 of this article.

            (3)      If the comprehensive plan for each geographic section or division is reviewed and, if necessary, revised or amended at least once every 6 years, the planning commission may prepare comprehensive plans for one or more major geographic sections or divisions of the local jurisdiction.

      (c)      (1)      A planning commission shall implement the visions set forth in § 1.01 of this article through the comprehensive plan elements required under subsection (a) of this section.

            (2)      A local legislative body that has adopted a comprehensive plan may adopt regulations implementing the visions stated in § 1.01 of this article in a comprehensive plan.

      (d)      On or before July 1, 1997, and subsequently at intervals of not more than 6 years which correspond to the comprehensive plan revision under subsection (b) of this section, a charter county shall ensure that the implementation of the provisions of the comprehensive plan that comply with § 1.01 of this article and subsection (a)(1)(iii) and (iv) of this section are achieved through the adoption of:

            (1)      Applicable zoning ordinances and regulations;

            (2)      Planned development ordinances and regulations;

            (3)      Subdivision ordinances and regulations; and

            (4)      Other land use ordinances and regulations that are consistent with the comprehensive plan.



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