2017 Maryland Code
General Provisions
Title 5 - Maryland Public Ethics Law
Subtitle 8 - Local Government Provisions.
Part V - Regional District -- Special Provisions for Prince George's County.
§ 5-833. Definitions
- (a) In general. -- In this part the following words have the meanings indicated.
- ** REVISOR'S NOTE
This subsection formerly was SG § 15-829(a).
** REVISOR'S NOTE
The only changes are in style.
- (b) Agent. --
- (1) "Agent" means an individual or a business entity hired or retained by an applicant for any purpose relating to the land that is the subject of an application if the individual or business entity is:
- (i) an accountant;
- (ii) an attorney;
- (iii) an architect;
- (iv) an engineer;
- (v) a land use consultant;
- (vi) an economic consultant;
- (vii) a real estate agent;
- (viii) a real estate broker;
- (ix) a traffic consultant; or
- (x) a traffic engineer.
- (2) "Agent" includes:
- (i) as to a corporation described in paragraph (1) of this subsection, its officers, directors, and majority stockholders who are engaged in substantive activities pertaining specifically to land development in Prince George's County as a regular part of their ongoing business activities;
- (ii) as to a partnership or limited partnership described in paragraph (1) of this subsection, its general partners and limited partners who are engaged in substantive activities pertaining specifically to land development in Prince George's County as a regular part of their ongoing business activities; and
- (iii) as to a joint venture described in paragraph (1) of this subsection, the principal members of the joint venture who are engaged in substantive activities pertaining specifically to land development in Prince George's County as a regular part of their ongoing business activities.** REVISOR'S NOTE
This subsection formerly was SG § 15-829(b).
** REVISOR'S NOTE
The only changes are in style.
** DEFINED TERMS:
"Applicant" § 5-833
** DEFINED TERMS:
"Application" § 5-833
** DEFINED TERMS:
"Business entity" § 5-833
** DEFINED TERMS:
"Includes" § 1-110
**
- (1) "Agent" means an individual or a business entity hired or retained by an applicant for any purpose relating to the land that is the subject of an application if the individual or business entity is:
- (c) Applicant. -- **
- (1) "Applicant" means an individual or a business entity that is: **
- (i) a title owner or contract purchaser of land that is the subject of an application; **
- (ii) a trustee that has an interest in land that is the subject of an application, excluding a trustee described in a mortgage or deed of trust; or **
- (iii) a holder of at least a 5% interest in a business entity that has an interest in land that is the subject of an application but only if: **
- 1. the holder of at least a 5% interest has substantive involvement in directing the affairs of the business entity with an interest in the land that is the subject of an application with specific regard to the disposition of that land; or **
- 2. the holder of at least a 5% interest is engaged in substantive activities specifically pertaining to land development in Prince George's County as a regular part of the business entity's ongoing business activities. **
- (2) "Applicant" includes: **
- (i) any business entity in which a person described in paragraph (1) of this subsection holds at least a 5% interest; and **
- (ii) the directors and officers of a corporation that actually holds title to the land, or is a contract purchaser of the land, that is the subject of an application. **
- (3) "Applicant" does not include: **
- (i) a financial institution that has loaned money or extended financing for the acquisition, development, or construction of improvements on any land that is the subject of an application; **
- (ii) a municipal corporation or public corporation; **
- (iii) a public authority; **
- (iv) a public utility regulated by the Public Service Commission in any instance where the utility is engaged in or conducting regulated activities that have been approved by the Public Service Commission or are allowed under Division I of the Public Utilities Article; or **
- (v) the directors and officers of any entity that does not hold title to the land, or is not the contract purchaser of the land, that is the subject of an application.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former SG § 15-829(c).
REVISOR'S NOTE
In paragraph (1)(iii)1 of this subsection, the former reference to the disposition of the land "which is the subject of the application" is deleted as surplusage.
REVISOR'S NOTE
In paragraph (3)(i) of this subsection, the former reference to a "bank, savings and loan institution, or other" financial institution is deleted as included in the reference to a "financial institution".
"Application" § 5-833
"Business entity" § 5-833
"Entity" § 5-101
"Includes" § 1-110
"Interest" § 5-101
"Municipal corporation" § 5-101
"Person" § 1-114
**
- (1) "Applicant" means an individual or a business entity that is: **
- (d) Application. -- "Application" means: **
- (1) an application for: **
- (i) a zoning map amendment; **
- (ii) a special exception; **
- (iii) a departure from design standards; **
- (iv) a revision to a special exception site plan; **
- (v) an expansion of a legal nonconforming use; **
- (vi) a revision to a legal nonconforming use site plan; or **
- (vii) a request for a variance from the zoning ordinance; **
- (2) an application to approve: **
- (i) a comprehensive design plan; **
- (ii) a conceptual site plan; or **
- (iii) a specific design plan; or **
- (3) participation in adopting and approving an area master plan or sectional map amendment by appearance at a public hearing, filing a statement in the official record, or other similar communication to a member of the County Council or the Planning Board, where the intent is to intensify the zoning category applicable to the land of the applicant.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(d).
REVISOR'S NOTE
The only changes are in style.
"Applicant" § 5-833
"County Council" § 5-833
**
- (1) an application for: **
- (e) Business entity. -- "Business entity" means: **
- (1) a corporation; **
- (2) a general partnership; **
- (3) a joint venture; **
- (4) a limited liability company; **
- (5) a limited partnership; or **
- (6) a sole proprietorship.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former SG § 15-829(e). **
- (f) Candidate. -- "Candidate" means a candidate for election to the County Council who becomes a member.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(f).
REVISOR'S NOTE
No changes are made.
"County Council" § 5-833
"Member" § 5-833
**
- (g) Continuing political committee. -- "Continuing political committee" means a committee specifically created to promote the candidacy of a member running for any elective office.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(g).
REVISOR'S NOTE
No changes are made.
DEFINED TERM:
"Member" § 5-833
**
- (h) Contributor. -- "Contributor" means a person or business entity that makes a payment.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(h).
REVISOR'S NOTE
No changes are made.
DEFINED TERMS:
"Business entity" § 5-833
DEFINED TERMS:
"Payment" § 5-833
DEFINED TERMS:
"Person" § 1-114
**
- (i) County Council. -- "County Council" means the County Council of Prince George's County.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(i).
REVISOR'S NOTE
No changes are made. **
- (j) County Executive. -- "County Executive" means the County Executive of Prince George's County.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(j).
REVISOR'S NOTE
No changes are made. **
- (k) District Council. -- "District Council" means the County Council of Prince George's County sitting as the District Council for the Prince George's County portion of the Maryland-Washington Regional District.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(k).
REVISOR'S NOTE
No changes are made.
DEFINED TERM:
"County Council" § 5-833
**
- (l) Member. -- "Member" includes any candidate or person duly elected or appointed who takes the oath of office as a member of the County Council for Prince George's County and who thereby serves on the District Council.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(l).
REVISOR'S NOTE
The former reference to a member "of the County Council" is deleted as surplusage. Most instances of the term in the former law used only "member".
REVISOR'S NOTE
No other changes are made.
DEFINED TERMS:
"Candidate" § 5-833
DEFINED TERMS:
"County Council" § 5-833
DEFINED TERMS:
"District Council" § 5-833
DEFINED TERMS:
"Includes" § 1-110
DEFINED TERMS:
"Person" § 1-114
**
- (m) Payment. -- "Payment" means a payment or contribution of money or property or the incurring of a liability or promise of anything of value to a treasurer of a candidate, a candidate's continuing political committee, or a slate to which the candidate belongs.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(m).
REVISOR'S NOTE
The only changes are in style.
"Candidate" § 5-833
"Continuing political committee" § 5-833
"Slate" § 5-833
"Treasurer" § 5-833
**
- (n) Pendency of the application. -- **
- (1) "Pendency of the application" means the time between the acceptance of a filing of an application by the appropriate agency and expiration of the time under which an appeal on the application may be taken. **
- (2) "Pendency of the application" does not include a period during which: **
- (i) action on the application is under judicial review; or **
- (ii) judicial review may be requested.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(n).
REVISOR'S NOTE
In paragraph (1) of this subsection, the former phrase ", subject to paragraph (2) of this subsection," is deleted as surplusage.
REVISOR'S NOTE
No other changes are made.
DEFINED TERM:
"Application" § 5-833
**
- (o) Political action committee. -- "Political action committee" means a political committee that is not: **
- (1) a political party; **
- (2) a central committee; **
- (3) a slate; or **
- (4) a political committee organized and operated by, and solely on behalf of, an individual running for any elective office or a slate.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(o).
REVISOR'S NOTE
No changes are made.
"Slate" § 5-833
**
- (p) Slate. -- "Slate" means a group, combination, or organization of candidates created under the Election Law Article.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(p).
REVISOR'S NOTE
The only changes are in style.
"Candidate" § 5-833
**
- (q) Treasurer. -- **
- (1) "Treasurer" has the meaning stated in § 1-101 of the Election Law Article. **
- (2) "Treasurer" includes a subtreasurer.
REVISOR'S NOTE
This subsection formerly was SG § 15-829(q).
REVISOR'S NOTE
The only changes are in style.
"Includes" § 1-110
