Maryland Land Use Section 13.01
§ 13.01.
(a) (1) In this section the following words have the meanings indicated.
(2) "Agreement" means a development rights and responsibilities agreement.
(3) "Governing body" means the local legislative body, the local executive, or other elected governmental body that has zoning powers under this article.
(4) "Public principal" means the governmental entity of a local jurisdiction that has been granted the authority to enter agreements under subsection (b)(1) of this section.
(b) (1) Subject to subsections (c) through (l) of this section, the governing body of a local jurisdiction may:
(i) By ordinance, establish procedures and requirements for the consideration and execution of agreements; and
(ii) Delegate all or part of the authority established under the ordinance to a public principal within the jurisdiction of the governing body.
(2) The public principal may:
(i) Execute agreements for real property located within jurisdiction of the governing body with a person having a legal or equitable interest in the real property; and
(ii) Include a federal, State, or local government or unit as an additional party to the agreement.
(c) Before entering an agreement, a person having a legal or equitable interest in real property or the person's representative shall petition the public principal of the local jurisdiction in which the property is located.
(d) (1) After receiving a petition and before entering an agreement, the public principal shall conduct a public hearing.
(2) A public hearing that is required for approval of the development satisfies the public hearing requirements.
(e) The public principal of a local jurisdiction may not enter an agreement unless the planning commission of the local jurisdiction determines whether the proposed agreement is consistent with the plan of the local jurisdiction.
(f) (1) An agreement shall include:
(i) A legal description of the real property subject to the agreement;
(ii) The names of the persons having a legal or equitable interest in the real property subject to the agreement;
(iii) The duration of the agreement;
(iv) The permissible uses of the real property;
(v) The density or intensity of use of the real property;
(vi) The maximum height and size of structures to be located on the real property;
(vii) A description of the permits required or already approved for the development of the real property;
(viii) A statement that the proposed development is consistent with the plan and development regulations of the local jurisdiction;
(ix) A description of the conditions, terms, restrictions, or other requirements determined by the governing body of the local jurisdiction to be necessary to ensure the public health, safety, or welfare; and
(x) To the extent applicable, provisions for the:
1. Dedication of a portion of the real property for public use;
2. Protection of sensitive areas;
3. Preservation and restoration of historic structures; and
4. Construction or financing of public facilities.
(2) An agreement may:
(i) Fix the time frame and terms for development and construction on the real property; and
(ii) Provide for other matters consistent with this article.
(g) An agreement shall be void 5 years after the day on which the parties execute the agreement unless:
(1) Otherwise established under subsection (f)(1)(iii) or (2)(i) of this section; or
(2) Extended by amendment under subsection (h) of this section.
(h) (1) Subject to paragraph (2) of this subsection and after a public hearing, the parties to an agreement may amend the agreement by mutual consent.
(2) Unless the planning commission of the local jurisdiction determines that the proposed amendment is consistent with the plan of the local jurisdiction, the parties may not amend an agreement.
(i) (1) The parties to an agreement may terminate the agreement by mutual consent.
(2) If the public principal or the governing body determines that suspension or termination is essential to ensure the public health, safety, or welfare, the public principal or its governing body may suspend or terminate an agreement after a public hearing.
(j) (1) Except as provided in paragraph (2) of this subsection, the laws, rules, regulations, and policies governing the use, density, or intensity of the real property subject to the agreement shall be the laws, rules, regulations, and policies in force at the time the parties execute the agreement.
(2) If the local jurisdiction determines that compliance with laws, rules, regulations, and policies enacted or adopted after the effective date of the agreement is essential to ensure the health, safety, or welfare of residents of all or part of the jurisdiction, an agreement may not prevent a local government from requiring a person to comply with those laws, rules, regulations, and policies.
(k) (1) An agreement that is not recorded in the land records office of the local jurisdiction within 20 days after the day on which the parties execute the agreement is void.
(2) The parties to an agreement and their successors in interest are bound to the agreement after the agreement is recorded.
(l) Unless the agreement is terminated under subsection (i) of this section, the parties to an agreement or their successors in interest may enforce the agreement.
(m) This section does not require the adoption of an ordinance by a governing body or authorize a governing body to require a party to enter into an agreement.
