2013 Maryland Code
LAND USE
§ 24-305 - Content.


MD Land Use Code § 24-305 (2013) What's This?

§24-305.

(a) An agreement shall include:

(1) a legal description of the real property subject to the agreement;

(2) the names of all persons having a legal or equitable interest in the property;

(3) the duration of the agreement;

(4) the permissible uses of the real property;

(5) the permissible density or intensity of use of the real property;

(6) the maximum height and size of structures;

(7) the general location of all structures and supporting facilities and features;

(8) a description of all anticipated permits required or already approved for the development of the real property;

(9) a statement that the proposed development is consistent with:

(i) the Commission’s general plan; and

(ii) all applicable development laws and regulations administered by the county planning board;

(10) a description of the requirements determined by a county planning board to be necessary to ensure the public health, safety, and welfare; and

(11) to the extent applicable, provisions for the:

(i) dedication of a portion of the real property for immediate or future public use;

(ii) protection of sensitive areas;

(iii) preservation and restoration of historic structures; and

(iv) construction or financing of public facilities.

(b) An agreement may:

(1) establish the terms by which, and any period of time when, development or individual phases shall begin and be completed;

(2) incorporate the terms and conditions that would be included in other enforceable agreements and instruments between the parties required as part of a regulatory plan; and

(3) provide for other matters in accordance with this division.

(c) An agreement may not prevent a county planning board, district council, County Executive, or other local, State, or federal government from requiring a person to comply with laws, rules, regulations, and policies enacted after the parties executed the agreement if the district council or the County Executive determines that compliance with the laws, rules, regulations, and policies is essential to ensure the public health, safety, or welfare.

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