§ 32-4-242. APPLICATION.

(a)

Submission to County Council. An application for approval of a site for a Planned Unit Development shall be submitted to the County Council member in whose district the PUD is proposed to be located.

(b)

Contents . The application for a Planned Unit Development shall include:

(1)

The identification of the proposed project site, the total tract acreage, and an explanation of how the site and the acreage meet the criteria for the type of Planned Unit Development that is proposed;

(2)

A schematic representation of the proposed PUD, including the general site layout, the proposed building types and uses and the proposed number of units;

(3)

A tabulation of the permitted existing density, the floor area ratio allowed and number of parking spaces required in the underlying zones, contrasted with a tabulation of the proposed density, floor area ratio, and number of parking spaces proposed in the PUD;

(4)

The projected impact of the Planned Unit Development on the surrounding community;

(5)

A statement of how the Planned Unit Development will comply with the compatibility requirements of § 32-4-402; and

(6)

A statement of how the Planned Unit Development will provide a community benefit that shall include one or more of the following:

(i)

An environmental benefit by proposing to achieve at least a silver rating according to the U.S. Green Building Council's LEED Green Building Rating System or proposing residential structures that achieve at least a silver rating according to the ANSI (American National Standards Institute) NGBS (National Green Building Standard);

(ii)

A land use benefit, including proposing a higher quality architectural design or use of higher quality building materials that enhance the development for its residents;

(iii)

A capital improvement benefit to an onsite or nearby county-owned or state-owned facility, or to property owned or leased by NeighborSpace of Baltimore County, Inc., for use by community residents, or to a volunteer fire company that serves the planned unit development; or

(iv)

A public policy benefit promoting economic development opportunities by locating the Planned Unit Development in a Commercial Revitalization District, or providing workforce housing.

(c)

Post-submission community meeting . Following the submission of an application for a Planned Unit Development under subsections (a) and (b), and prior to the adoption of a resolution under subsection (d)(1) and (2), the following are required:

(1)

Posting on County Council website. The application shall be posted on the County Council internet website.

(2)

Post-submission community meeting . A post-submission community meeting shall be held as follows:

(i)

The post-submission community meeting shall be held no earlier than 21 days and no later than 30 days after the filing of a PUD application. The applicant shall provide three weeks advance notice regarding the date, time, and location of the post-submission community meeting by the posting of a sign on the subject property in the same manner as required by § 32-4-217(b) of this subtitle. Written notice shall be mailed to:

1.

All adjoining property owners as identified in the records of the State Department of Assessments and Taxation; and

2.

Any community associations or civic organizations that represent the geographic area of the subject property or any adjoining properties.

(ii)

At the post-submission community meeting, the applicant shall:

1.

Make available the Planned Unit Development submission that was presented to the County Council member;

2.

Provide information to the community regarding the proposed development and allow community residents to ask questions and make comments;

3.

Maintain a record of the names, addresses, and electronic mail addresses, if available, of the post-submission community meeting attendees; and

4.

Compile comprehensive minutes of the meeting, which shall be forwarded to the Council member and to the Department of Permits, Approvals and Inspections and posted by the Department on the county's internet website.

(iii)

Prior to adoption of a resolution approving the continued review of the Planned Unit Development, community residents and organizations may provide written input and comments regarding the proposed development to the Council member.

(iv)

At the discretion of the Council member, another post-submission community meeting may be required.

(3)

Preliminary review . Copies of the application for a Planned Unit Development that was presented to the Council member shall be submitted to the Department of Permits, Approvals and Inspections. The Department shall transmit the copies to the Department of Planning, the Department of Environmental Protection and Sustainability and the Department of Public Works and other appropriate reviewing agencies for preliminary review and comment. Prior to adoption of a resolution under subsection (d), the reviewing county agencies shall provide a written preliminary evaluation of the proposal to the Council member within 15 days of the filing of a PUD application. The preliminary evaluation shall be posted on the county's internet website.

(d)

Council action.

(1)

If the Council finds that the proposed Planned Unit Development will achieve a development of substantially higher quality than a conventional development would achieve and that the proposed site for the Planned Unit Development is eligible for county review, the Council, by adoption of a resolution, may approve the continued review of the Planned Unit Development in accordance with the procedures of this title and the requirements of the zoning regulations. The Council shall give public notice of the resolution, and the Department of Permits, Approvals and Inspections shall post the property, at least 10 business days prior to final vote on the resolution.

(2)

The Council may amend or modify the densities or uses in the proposed Planned Unit Development and shall include such amendments or modifications in the resolution adopted under this subsection. The Council shall also include in the resolution a statement of the community benefit provided by the proposed Planned Unit Development.

(3)

(i)

Except as provided in subparagraph (ii) of this paragraph, the County Council may not amend, modify, or revoke a resolution adopted under paragraphs (1) and (2) of this subsection.

(ii)

1.

If a resolution authorizing the review of a Planned Unit Development is passed not more than sixty days before a County Council member qualifies under § 203 of the Charter to represent the district where the Planned Unit Development is proposed to be located, the County Council member, not later than sixty days after qualifying under § 203 of the Charter, may introduce a resolution to revoke approval for that Planned Unit Development.

2.

The County Council may introduce a resolution that amends or modifies a resolution adopted under paragraphs (1) and (2) of this subsection at any time within 90 days after the conclusion of the community input meeting.

(iii)

The County Council shall provide notice of any resolution introduced under this paragraph in accordance with paragraph (1) of this subsection.

(Bill No. 19-04, § 7, 5-29-2004; Bill No. 42-05, § 1, 5-15-2005; Bill No. 130-05, § 5, 12-5-2005; Bill No. 55-07, § 1, 8-17-2007; Bill No. 5-10, § 2, 4-4-2010; Bill No. 122-10, §§ 12, 30, 1-16-2011; Bill No. 36-11, §§ 1, 2, 7-18-2011; Bill No. 64-11, § 1, 12-8-2011; Bill No. 4-12, § 1, 4-8-2012; Bill No. 42-12, § 1, 6-18-2012; Bill No. 70-16 , § 1, 10-31-2016)

Editor's note:
  Section 3 of Bill No. 55-07 provides that this Act shall take effect on August 17, 2007, and shall apply to all applications filed under § 32-4-242 after August 17, 2007.
 Section 5 of Bill No. 5-10 provides that any PUD proposal for which the County Council passed a resolution, pursuant to § 32-4-242, prior to the effective date of this Act, may proceed under the law and Master Plan recommendations in effect at the time the resolution was passed.