Maryland Maryland-National Capital Park and Planning Commission Section 7-108

      (a)      (1)      At the direction of the district council for Prince George's County or the district council for Montgomery County, as the case may be, hereinafter referred to in this section as the "appropriate district council", the Commission shall initiate and adopt a general plan for the development of that portion of the Maryland-Washington Regional District located in each county and, from time to time, shall initiate and adopt amendments thereto.

            (2)      The general plan and amendments shall contain the Commission's recommendations for such development, together with such descriptive or supporting material as the appropriate district council may direct, or the Commission shall determine to be necessary and feasible.

            (3)      The appropriate district council, pursuant to the procedures set forth in this section, may direct the Commission to prepare the general plan, or amendments thereto, based on studies and the consideration of such elements, factors, and conditions as the following:

                  (i)      Existing and forecasted population, including population distribution and other appropriate characteristics;

                  (ii)      Existing and forecasted amount, type, intensity, general location, and characteristics of commercial, industrial, and public sector facilities, and employment related thereto;

                  (iii)      Existing and forecasted type, amount, need and location of major public services, facilities, and utilities;

                  (iv)      Staging or scheduling of development and capital improvements, and the fiscal or economic impact of same;

                  (v)      Existing and forecasted transportation needs, facilities, routes, and systems;

                  (vi)      Existing and forecasted needs and demand for housing, and the amount, type, quality, and general location of housing;

                  (vii)      Existing land uses, forecasts of land absorption rates or markets, and analyses of the amount, general location, and interrelationships among different categories of land use;

                  (viii)      Physical resources and conditions including, but not limited to, topography, soils, geology and mineral deposits, hydrology and waterways, wetlands and shorelines, water and air quality, climate, noise, open spaces, scenic areas, vegetation, forests, agricultural lands, fisheries, wildlife and wildlife habitats, and other areas of environmental or ecological importance or sensitivity;

                  (ix)      Sites, structures, areas, or settings of archeological, historical, architectural, cultural, or scenic value or significance;

                  (x)      Extent and general location of physically blighted or deteriorated areas and factors related thereto;

                  (xi)      Evaluation of the probable consequences of major recommendations of the plan on the general physical and social environment and population of the regional district;

                  (xii)      Estimates of the probable consequences on public revenues and expenditures of major recommendations of the plan; and

                  (xiii)      Any other matter, element, factor, or condition determined by the district council or Commission to be necessary and feasible to the preparation or presentation of the general plan.

            (4)      The appropriate district councils may provide, to the extent necessary and feasible:

                  (i)      That the Commission shall consider various alternative concepts of growth or development in preparing the general plan, and shall appropriately describe the alternatives so considered; and

                  (ii)      That the general plan shall include such chapters or sections as may be necessary to contain and explain its recommendations with respect to any element, factor, or condition set forth in this paragraph and paragraph (3) of this subsection.

            (5)      The general plan may be amended, extended, added to, or revised from time to time by the initiation and adoption of appropriate amendments to it by the Commission. Any functional master plan, local area master plan, or any amendment thereto shall be an amendment to the general plan if so designated by the appropriate district council.

            (6)      The material in paragraphs (3) and (4) of this subsection shall be considered as guidelines concerning the basis, contents, and considerations of the general plan, functional master plans, local area master plans, or any amendment thereto, and the plans or any amendments thereto shall not be deemed null and void, inapplicable or inoperative on the ground that the basis, contents, or considerations thereof are not consistent with this article; provided that nothing in this subsection shall prevent, in a judicial review on the record of a governmental action concerning development, consideration of the reasonableness of a plan or its appropriateness and completeness in relation to the governmental action and review.

      (b)      (1)      The appropriate district council shall provide for its county, pursuant to the procedures set forth in this section, to the extent necessary and feasible:

                  (i)      That the Commission shall initiate and adopt, and the district council shall approve and from time to time amend a map showing the entire area of that county within the regional district, divided into local planning areas. Prior to the approval or amendment of the map, the district council shall consult with the Commission with respect to the boundaries of the local planning areas located wholly or partially within that county and, in the event of disagreement as to boundaries, the decision of the district council shall prevail within the area of its jurisdiction;

                  (ii)      That, in accordance with the work program and budget adopted by the county council of that county, the Commission shall initiate and adopt, and from time to time may amend or revise, a local master plan for each planning area, any part thereof, or any combination of contiguous planning areas;

                  (iii)      That a local master plan may include recommendations for zoning, staging of development and public improvements, and public services relative to the implementation of the plan;

                  (iv)      That a local master plan shall be based upon and include in greater detail, but need not be limited to, the same factors, elements, and conditions as contained in the general plan and amendments thereto; and

                  (v)      That a local master plan or any amendment thereto, adopted hereafter, shall show on a map contained within the plan, the boundary of the area within which it applies.

            (2)      A local master plan or any amendment thereto shall be, upon adoption by the Commission and approval by the appropriate district council, an amendment to the general plan if so designated by that district council.

            (3)      Any plan adopted prior to the approval of, or any amendment to, the planning area map shall continue in force and shall not be invalidated by the fact that its boundaries do not correspond to the boundaries as shown on the planning area map.

      (c)      (1)      The Commission may make and adopt and from time to time amend, and the district councils may approve and amend, functional master plans for the various elements of the general plan, including but not limited to master plans of highways, mass transit that includes light rail and busways, hospitals and health centers, parks and other open spaces, police stations, fire stations, and utilities. Before adopting or amending any functional master plan of highways or transportation lines in Prince George's County, the Commission shall submit its proposed plan or amendment to the district council and to the County Executive for review and comment. The Executive and council shall have 60 days to review and provide written comments. The adopted plan may not include a highway or transportation line unless the district council, after consultation with the County Executive, approves by resolution, the inclusion of the highway or transportation line for planning purposes.

            (2)      Each functional master plan, or any amendment thereto, shall be an amendment to the general plan if so designated by the appropriate district council.

      (d)      (1)      The Commission may initiate any plan or part thereof with the concurrence of the district council of the county or counties in which the area of the proposed plan is located, provided that review of the Commission's proposed budget by the district council and approval of the planning schedule which shall be contained therein shall constitute concurrence in the initiation of plans proposed in the budget for any single fiscal year. The district council may modify or change the schedule contained in the proposed budget. Further, the district council may direct the Commission to initiate any plan or part thereof, and the Commission shall initiate the plan with reasonable promptness to the extent funds are available for this purpose.

            (2)      (i)      The district council shall establish by ordinance or subsequent amendment thereto, after public hearing, (30 days' notice of the time and place of which shall be given by at least one publication in a newspaper of general circulation in the county), procedures for the submission, adoption, approval, and amendment of any plan or part thereof by the Commission. The procedures may include requirements for submission to and approval by the district council of preliminary concepts, guidelines, goals, or plans. The procedures shall include provision for adoption and amendment of plans by the Commission after at least one public hearing thereon, 30 days' notice of the time and place which shall be given by at least one publication in a newspaper of general circulation in the county. They may also include procedures for the approval of each plan or amendment thereto by the district council; and shall include a method for the certification and filing of the plan by the Commission in the office of the clerk of the Circuit Court of Montgomery County and provisions for publication by the Commission of adopted and approved plans. Any plans heretofore adopted shall remain in effect according to present provisions unless or until amended or superseded pursuant to procedures established under the provisions of this article. The existing provisions of the Maryland-Washington Regional District Law (§ 63 of Chapter 780 of the Laws of Maryland 1959, as amended) repealed by Chapter 711 of the Laws of Maryland 1969 relating to procedural matters shall remain in full force and effect unless or until specifically superseded or amended in accordance with the power and authority granted herein. This subsection is intended to vest control over planning procedures in the respective district councils, to the extent that control is not inconsistent with other provisions of the Regional District Act, and nothing contained herein shall be deemed to authorize any transfer or dilution of planning authority and responsibility now vested in the Commission, planning boards, and district councils.

                  (ii)      Notwithstanding the provisions of subparagraph (i) of this paragraph, on the initiation of a master plan or amendment to a master plan by the Commission, the Commission shall notify the County Executive of its work schedule. The County Executive shall provide, as early as possible, information on matters including transportation, water and sewer, other public facility and services portions, and fiscal portions of the plan or amendment. The County Executive may furnish such other studies, data, and information as the County Executive deems pertinent to the preparation of the plan or amendment. On completion of the plan or amendment, the planning board shall transmit the plan or amendment to the district council, and also transmit copies of the plan or amendment to the County Executive. Within 60 days, the County Executive shall transmit a fiscal impact analysis to the district council with any other comments and recommendations the County Executive deems appropriate. Within 180 days after the receipt of the County Executive's comments, recommendations, and fiscal impact analysis, the district council shall approve, modify, or disapprove the plan or amendment. On a vote of two-thirds of those present and voting, the district council may extend by 60 days the previous requirement of 180 days for review and action on a plan or amendment. On a vote of two-thirds of those present and voting, the district council may extend further its time limit for review and action on a plan or amendment in sequential 60-day intervals. Failure of the district council to act within the time limits imposed shall constitute approval of the plan or amendment as submitted by the planning board.

            (3)      The district council shall establish by ordinance or subsequent amendment thereto after public hearing (30 days' notice of the time and place of which shall be given by at least one publication in a newspaper of general circulation in the county), procedures for initiation, submission and adoption, and amendment of any plan or part thereof by the Commission, and for the approval or amendment of any plan or part thereof by the district council. The procedures shall include requirements for approval by the district council of preliminary concepts, guidelines, and goals. The procedures shall include review of preliminary plans by the district council and the County Executive, to identify any inconsistencies between the plan and existing or proposed State or county facilities including roads, highways, or other public facilities. In the event any inconsistencies are revealed, the district council shall direct the Commission on how the inconsistencies shall be eliminated or accommodated within the plan. The procedures shall provide for one or more public hearings on the plan to be held jointly by the Commission and the district council, at the direction of the district council, after 30 days' notice by publication in a newspaper of general circulation in the county. The procedures shall include provision for adoption and amendment of plans by the Commission after the hearing, and for the amendment and approval of the plan by the district council. The procedures shall include a method for the certification and filing of an approved plan in the office of the clerk of the Circuit Court for Prince George's County, and provisions for publication by the Commission of adopted and approved plans.

      Any plans heretofore adopted shall remain in effect according to present provisions unless or until amended or superseded pursuant to procedures established under the provisions of this article. The existing provisions of the Maryland-National Regional District Law (§ 63 of Chapter 780 of the Laws of Maryland 1959, as amended) repealed by Chapter 711 of the Laws of Maryland 1969 relating to procedural matters shall remain in full force and effect unless or until specifically superseded or amended in accordance with the power and authority granted herein. This subsection is intended to vest control over planning procedures in the respective district councils, to the extent that control is not inconsistent with other provisions of the Regional District Act, and nothing contained herein shall be deemed to authorize any transfer or dilution of planning authority and responsibility now vested in the Commission planning boards, and district council.

            (4)      The adoption or amendment of any plan shall be by resolution of the Commission carried by the affirmative votes of not less than six members of the Commission, of whom not less than three members shall be from Montgomery County and not less than three members from Prince George's County. However, for the adoption or amendment of a local master plan or a functional master plan which lies entirely within one county the affirmative votes of three members from that county shall prevail and be sufficient to adopt the plan. The resolution on the adoption or amendment of the plan shall refer expressly to the maps and descriptive and other matter intended by the Commission to form the whole or part of the plan, and the action taken shall be recorded on the map, plan, or descriptive matter by the identifying signature of the chairman and secretary-treasurer of the Commission.

      (e)      The Commission may make and adopt and, from time to time, amend a plan which shall identify and designate sites, structures with their appurtenances and environmental settings, or districts having a historical, archeological, architectural or cultural value, provided that the criteria for the designation or identification is not inconsistent with the criteria applicable to the Maryland Historical Trust under § 5A-323 of the State Finance and Procurement Article. In making or amending of the plan, the Commission may establish advisory committees to assist it in the performance of its duties. The plan shall constitute an amendment to the general plan for the Maryland-Washington Regional District except that the plan may include sites, structures with their appurtenances and environmental settings, or districts located in municipalities within Montgomery and Prince George's counties, not subject to the jurisdiction of the Commission, with the consent of the governing body of that municipality. Consent of the governing body shall constitute the agreement of the municipality to be bound by all rules and regulations governing such sites, structures with their appurtenances and environmental settings, or districts as may be enacted by the district council.