§ 26-1-101. AUTHORITY TO ESTABLISH REVITALIZATION DISTRICTS.

In accordance with the constitution of the state and pursuant to the procedure and subject to the limitations set forth in this article, for the purposes of development, redevelopment, renovation, rehabilitation, or revitalization, the county, as hereinafter provided, may designate certain areas of the county as revitalization districts, if the area has been designated on an adopted and approved master plan for residential, industrial, commercial, or office use to be in need of redevelopment, rehabilitation, or revitalization. This authority may be implemented only after enactment by the county of a law establishing a process by which a revitalization district shall be designated. That process shall include, at minimum, the following requirements:

(1)

The county executive and the County Council, prior to proposing an area for designation as a revitalization district, shall consult with owners and leaseholders of properties within the proposed revitalization district for the purpose of explaining the proposal and exploring alternative methods of accomplishing the desired goals.

(2)

The revitalization district shall be proposed by the County Council, upon recommendation by the county executive, by resolution adopted by the County Council and approved by the county executive. That resolution must contain:

(i)

A statement that the area of the proposed district has not been developed, redeveloped, renovated, rehabilitated, or revitalized because of obsolete platting, small lots, diversity of ownership, or inadequacy of public facilities or amenities, or commercial or industrial obsolescence, or any combination of these factors;

(ii)

A statement of the public need for the proposed revitalization district;

(iii)

A statement of the expected impact of the proposed revitalization district on public facilities and the community;

(iv)

An explanation of the relationship of the proposed district to the approved and adopted master plan or plans for the area;

(v)

A procedure for notification of the owners of property within the proposed district as they appear on the state tax assessment records for the county;

(vi)

A statement of the geographic boundaries of the proposed district;

(vii)

A description of the process by which plans for the implementation of the development, redevelopment, renovation, rehabilitation, or revitalization of the proposed district will be prepared;

(viii)

A description of how property owners, lessees, and other affected persons in the proposed district will be assured of participation prior to the designation of the proposed district, in the preparation and implementation of plans for the development, redevelopment, renovation, rehabilitation, or revitalization of the proposed district;

(ix)

A statement of the powers which the county proposes to exercise in the proposed district; and

(x)

The establishment of an advisory commission to be appointed by the County Executive to include members of the Planning Board and owners, tenants, and residents of the affected area for the purposes of designating and selecting the area to be revitalized.

(3)

The County Council, upon recommendation by the County Executive, may initiate a revitalization district by adoption of a resolution which:

(i)

Finds the area in need of revitalization;

(ii)

Finds that the rehabilitation, redevelopment, revitalization, or a combination thereof, of the area is necessary in the interest of the public health, safety, morals, or welfare of the residents of the community and of the county;

(iii)

Defines the area or areas stating specific geographic boundaries within which the revitalization project is to proceed;

(iv)

Authorizes preparation of all necessary plans, drawings, designs, and the employment of necessary engineers, architects, consultants, or other personnel in order to properly prepare the detail plans and data for the revitalization project or projects; and

(v)

Finds that designation of the revitalization district will assist in the implementation of the approved and adopted master plan or plans for the area.

(4)

The County Council or the County Executive in the resolution shall provide for a local referendum within the area to be developed or a larger area, if deemed appropriate.

(5)

Prior to final approval of or amendment of the revitalization plan, the County Council shall:

(i)

Submit the plans to the County Planning Board for its review and approval. The Planning Board's recommendations shall be submitted within sixty (60) days after receipt of the plans. The Planning Board shall adopt rules and regulations governing the operations and policies of the revitalization plan. In carrying out this function, the Planning Board shall utilize the staff of the County Office of Planning;

(ii)

Hold a public hearing on the proposed revitalization plan, after thirty (30) days' notice by publication once a week for two (2) weeks in at least two (2) newspapers having general circulation in the county, giving the time, place, and date of the hearing, and an opportunity for the public to review the plans. The hearing shall be held either in the councilmanic or legislative district within which the plan for the revitalization district lies;

(iii)

Make such change or modification as the council deems desirable in the revitalization plan; and

(iv)

Approve the plan by resolution.

(6)

Upon approval by resolution of the revitalization district plan, the plan shall be in full force and effect. The resolution designating the plan for the revitalization district shall be adopted in the following manner: The County Council, with the affirmative vote of at least four (4) members, may adopt the resolution. Within three (3) days, it shall be delivered to the County Executive, who, within ten (10) days of receipt, may approve or disapprove it. If the County Executive disapproves the resolution, he shall return it to the Council with reasons for disapproval stated in writing. The Council may then readopt the resolution over the disapproval of the County Executive by the affirmative vote of five (5) members.

(Laws of Md. (1979), ch. 706, § 1(29A-1)) (1988 Code, § 9-101) (Bill No. 47-02, § 2, 7-1-2004)