§ 32-1-101. DEFINITIONS.

(a)

In general. In this article the following words have the meanings indicated.

(b)

Circulation.

(1)

"Circulation" means provision for the movement of people, goods, water, sewage, or power by means of streets, highways, railways, waterways, airways, pipes, conduits or other means,

(2)

"Circulation" includes facilities for transit, transportation and communication.

(c)

Comprehensive Land Use Plan. "Comprehensive Land Use Plan" means that part of the Master Plan that expresses, by mapping and written proposals, the objectives of the Planning Board as to the currently existing and future uses of county lands.

(d)

Drainage right-of-way. "Drainage right-of-way" means the lands required for:

(1)

The installation of storm water sewers or drainage ditches; or

(2)

Preserving a channel along a natural stream or watercourse and providing for the flow of waters in the channel to safeguard the public against flood damage under Article 13, Title 3 of the Code.

(e)

Reserved.

(f)

Master plan. "Master Plan" means a composite of the mapped and written proposals for the systematic physical development of the county that has been adopted by the Planning Board under Title 2 of this article.

(g)

Person aggrieved or feeling aggrieved. "Person aggrieved or feeling aggrieved" includes a duly constituted civic, improvement, or community association that is in compliance with the rules of procedure of the Planning Board where the property at issue is:

(1)

Located within the geographic limits of the association as determined by one of the following criteria:

(i)

If incorporated, any geographic description contained in the association's corporate articles, bylaws, charter, or similar document;

(ii)

If not incorporated, any metes and boundaries description for the association contained in any zoning map, plat, or similar document on file at the Department of Public Works, the land records office of the county, or at some other county governmental agency or department; or

(iii)

If no such description exists, any street, road, or thoroughfare description for the association contained in any zoning map, plat, or similar document on file in the county Department of Public Works, the land records office of the county, or at some other county governmental agency or department;

(2)

Of such a nature and kind as to be within the association's discernible and assessable tax base if such exists;

(3)

Of such a nature as to personally and specifically affect, damage, or impact the members of the association in a way different from:

(i)

That suffered by the members of any other associations; or

(ii)

A general interest such as is the concern shared by the public in general; or

(4)

Of such a nature or type as to give the members of the association a valid and discernible property interest or right.

(h)

Public works agreement. "Public works agreement" means an agreement with the county for construction of water and sewer facilities, storm drains, streets, bridges, and other public structures.

(i)

Street.

(1)

"Street" means:

(i)

A street, avenue, boulevard, road, lane, parkway, freeway, viaduct, bridge, or other way, which is an existing state or county highway; or

(ii)

A street or way shown on a plat duly filed and recorded in the Office of the Clerk of the Circuit Court for the county.

(2)

"Street" includes:

(i)

The land between the street right-of-way lines, whether improved or unimproved; and

(ii)

The pavements, shoulders, curbs and gutters, sidewalks, parking areas, and other areas within the street right-of-way lines.

(j)

Subdivision.

(1)

"Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, sites, or other divisions of land for the purpose, whether immediate or future, of sale or building development.

(2)

"Subdivision" includes re-subdivision and, where appropriate to the context, relates to the process and subdividing or to the lands or territory divided.

(3)

Provided no new streets are involved, "subdivision" does not include the following:

(i)

Division of land for agricultural purposes where the resulting parcels are three acres or larger in size;

(ii)

Divisions of property by testamentary or intestate provisions; or

(iii)

Division of property upon court order.

(k)

Zoning map. "Zoning map" means the zoning geodatabase that sets forth the currently permissible uses to which privately owned land in the county may be put and that has been adopted by ordinance of the County Council in the manner provided under Title 3 of this article.

(1988 Code, §§ 26-1, 26-132, 26-209) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 116, 1990, § 2, 7-13-1990; Bill No. 1, § 2, 1992; Bill No. 4, 1992, § 13-2-1992; Bill No. 103-02, § 2, 7-1-2004; Bill No. 75-03, § 3, 7-1-2004; Bill No. 72-04, § 1, 8-11-2004; Bill No. 73-16 , § 1, 11-21-2016)

Annotations:
  Remedy provided under title 34 of 1958 Code held to be an alternative to that afforded by this section, at least where it is affirmatively alleged that the planning board has violated zoning regulations and that a violation of either the zoning or the subdivision regulations was subject to an injunction under title 34. Lynn v. Goldman, 216 Md. 562, 141 A.2d 172 (1958).
 County council need not follow the recommendations of the planning board, and need not have any further or additional hearing in regard to any changes or amendments the county council may see fit to make. Swathmore Company v. Kaestner, 258 Md. 517, 266 A.2d 341 (1970).
 The people's counsel has the right to appeal zoning decisions. People's Counsel for Baltimore County v. Williams, 45 Md.App. 617, 415 A.2d 585 (1974).