§ 32-4-232. SAME - PROCEDURE OF THE PLANNING BOARD.

(a)

Issues considered by Planning Board; comments. When considering Development Plan issues, the Planning Board shall:

(1)

Only consider those issues referred under § 32-4-231(a) of this subtitle; and

(2)

Allow the applicant, a person, or an agency to submit oral or written comments concerning the issues referred under § 32-4-231(a) of this subtitle.

(b)

Master Plan conflicts; required procedures. With respect to an issue referred to the Planning Board under § 32-4-231(a) of this Subtitle, the Planning Board shall:

(1)

Act in accordance with Title 2, Subtitle 3 of this article;

(2)

File a written decision with the Hearing Officer that includes the reasons for the decision; and

(3)

File a recommendation with the County Council at the same time its decision is filed with the Hearing Officer.

(c)

Written decision; Master Plan required referral and landmark historic preservation. With respect to issues referred under § 32-4-231(a) or (b) of this subtitle, the Planning Board shall file a written decision with the Hearing Officer that includes the reasons for the decision no later than 45 days after referral to the Planning Board.

(d)

Written decision; critical areas.

(1)

With respect to issues referred under § 32-4-231(a)(4) of this subtitle, the Planning Board shall file a written decision with the Hearing Officer no later than 45 days after the date of referral to the Planning Board.

(2)

Consistent with state law or regulations, the Board's decision shall contain findings of fact whether:

(i)

Special conditions or circumstances exist that are peculiar to the land or structure within the critical area of the county;

(ii)

Strict compliance with the critical area regulations would result in unwarranted hardship;

(iii)

Strict compliance with the critical area regulations will deprive the applicant of rights commonly enjoyed by other properties in similar areas within the critical area of the county;

(iv)

The granting of a variation will not confer upon an applicant any special privilege that would be denied by the critical area regulations to other lands or structures within the critical area of the county;

(v)

The variation request is not based on conditions or circumstances that are the result of actions by the applicant;

(vi)

The request does not arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property;

(vii)

The granting of a variation will be in harmony with the general spirit and intent of the critical area regulations of the county; and

(viii)

The variation conforms to the requirements as stated in § 32-4-226(d) of this subtitle.

(e)

Referral date. The date of the referral to the Planning Board is:

(1)

The Hearing Officer's referral date; or

(2)

In the case of a building permit, the date of the filing.

(f)

Planning Board decision is final; exceptions.

(1)

Except as provided under paragraph (2) of this subsection, a decision of the Planning Board on an issue referred under § 32-4-231 of this subtitle is binding upon the Hearing Officer and shall be incorporated as part of the Hearing Officer's final action on a plan.

(2)

A decision of the Planning Board is not binding on the Hearing Officer if the decision of the Planning Board on an issue referred under § 32-4-231(a)(1) of this subtitle is overruled by action of the County Council.

(1988 Code, § 26-208) (Bill No. 18-90, § 3, 3-30-1990; Bill No. 1-92, § 2, 2-3-1992; Bill No. 135-94, § 1, 10-13-1994; Bill No. 29-95, § 1, 5-21-1995; Bill No. 79-01, § 2, 7-1-2004; Bill No. 75-03, §§ 12, 13, 7-1-2004; Bill No. 19-04, § 9, 5-29-2004)