Maryland Land Use Section 3.08

Article - Land Use

§ 3.08.

      (a)      Subject to subsection (b) of this section, if a local legislative body has adopted a whole plan or a plan for one or more geographic sections or divisions of the local jurisdiction, a publicly or privately owned street, square, park or other public way, ground, or open space, or public building or structure, or public utility may not be constructed or authorized in the local jurisdiction or the major geographic section of the local jurisdiction until the location, character, and extent of the development has been submitted to and approved by the planning commission as consistent with the plan.

      (b)      (1)      The planning commission shall communicate its decision and the reasons for its decision to the local legislative body or to the body that has jurisdiction over the financing of the public way, ground, space, building, structure, or utility.

            (2)      The local legislative body or other body having jurisdiction may overrule the decision by a recorded vote of not less than 2/3 of its entire membership.

      (c)      (1)      If a planning commission fails to act on a submission within 60 days after the date of official submission to the planning commission, the submission shall be considered approved.

            (2)      (i)      If a local legislative body or other body having jurisdiction fails to act within 60 days after the date of submission of the recommendation of the planning commission, the local legislative body or other body with jurisdiction shall be considered to have concurred with the recommendation of the planning commission.

                  (ii)      The local legislative body shall adopt the plan as a whole or for one or more major geographic sections or divisions of the jurisdiction, and further shall adopt any amendment or extension thereof or addition thereto.



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