Maryland Maryland-National Capital Park and Planning Commission Section 7-111

      (a)      The members of the Commission appointed by the governing bodies of each county are designated the Montgomery County Planning Board and the Prince George's County Planning Board, respectively. They are responsible for planning, platting, and zoning functions primarily local in scope, as distinguished from the regional planning functions of the Commission relating to or affecting the regional district as a planning unit. The local functions exclusively within the jurisdiction of the respective planning boards include, but are not limited to, the administration of subdivision regulations, the preparation and adoption of recommendations to the district council with respect to zoning map amendments, and the assignment of street names and house numbers within the regional district. The respective county planning boards have exclusive jurisdiction over mandatory referrals made pursuant to § 7-112 of this title by their respective county governments or any agency thereof; and, as to the Montgomery County Planning Board, by the County Board of Education, by any municipality or special taxing district, or by any public utility, whether publicly or privately owned. The Montgomery County Planning Board shall review the annual capital budgets of the county and future projections thereof and submit recommendations to its county governing body, provided that the responsibility for preparing the capital budgets and programs of public works shall be vested in the county government and its administrative, fiscal, and planning staffs and not in the staff of the Commission and the county planning board. The county planning boards shall meet from time to time with their respective county governing bodies and perform surveys, studies, and other planning duties the governing bodies assign to them.

      (b)      The regional functions within the jurisdiction of the Commission include, but are not to be limited to, preparation, adoption, and amendment of the general plan for the physical development of the district, or parts thereof, in accordance with § 7-108 of this title; and mandatory referrals from the United States or the State of Maryland, or any agency thereof, pursuant to § 7-112 of this title. The Commission and the county planning boards, or either of them, may recommend to the proper authorities text amendments to the zoning ordinances, subdivision regulations, and any other rules and regulations authorized in this title. The adoption of a resolution or recommendation respecting a regional matter shall be 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, when a regional plan affects one county only, the affirmative vote of three members of the local planning board for the county affected shall be controlling. Within its jurisdiction, each county planning board shall have and exercise the powers in regard to planning, zoning, subdivision control, platting, the assignment of street names and house numbers, and related matters, heretofore exercised by the Commission under this title.

      (c)      (1)      Each planning board shall have administrative control and jurisdiction over personnel performing the duties and functions assigned in this section to the respective planning boards.

            (2)      (i)      In this paragraph, "deputy director" includes any position comparable to the position of a deputy director, as determined by the Prince George's County Planning Board.

                  (ii)      In Prince George's County, a director or deputy director of a department shall have education or professional experience in a field relevant to the responsibilities of that department.

                  (iii)      A director or deputy director shall receive the compensation established in the budget for the Prince George's County Planning Board.

                  (iv)      1.      Except as provided in item 2 of this subparagraph, a director or deputy director shall be appointed by and serve at the pleasure of the Prince George's County Planning Board.

                        2.      In Prince George's County, an individual may elect to remain in the merit system established under § 2-112 of this article if:

                        A.      On June 30, 1991, the individual is a director of planning or a director of parks and recreation; or

                        B.      On June 30, 1996, the individual is a deputy director of planning or a deputy director of parks and recreation.

            (3)      (i)      Subject to subparagraph (ii) of this paragraph, in Montgomery County, a director serves at the pleasure of the Montgomery County Planning Board.

                  (ii)      Any individual who, on July 1, 1995, held a position affected by this paragraph may elect to remain in the merit system established under § 2-112 of this article.

      (d)      Nothing in this section may be deemed to affect powers and duties of the Commission with respect to parks and park lands. The Commission, however, may delegate to the respective planning boards such powers and duties with respect to parks and park lands as the Commission may, from time to time, determine. The Prince George's County Planning Board shall provide a program of recreation within Prince George's County, and coordinate the program with the Commission's park functions.

      (e)      The expenses of operation of the respective local planning boards shall be paid from the proceeds of the administrative tax collected for the Commission and from funds appropriated, in addition thereto, by the respective county governing bodies.

      (f)      Functions not specifically allocated in this section shall be assigned by resolution of the Commission with the approval of the respective county governing bodies either to the Commission itself or to one or both of the county planning boards, as the occasion may arise, so as to effectuate the concept that planning functions which are essentially local or intracounty should be performed by the county planning boards.

      (g)      (1)      Notwithstanding other provisions of this article, funds may be included in the Commission's annual budget and appropriated by the respective county governing bodies to provide an annual salary for each planning board member, other than a full-time member, as compensation for the planning board member's services.

            (2)      The Montgomery County Council and the Prince George's County Council may each establish the salary for a planning board member from that county, other than a full-time member, by county law separate from budget action, after notice and public hearing.

      (h)      In Montgomery County, to the extent authorized by county law, ordinance, or resolution, the planning board may:

            (1)      Administer and enforce any adopted growth policy or forest conservation program; and

            (2)      Provide staffing assistance on matters relating to the promotion of historic preservation.