§ 32-4-245. HEARING OFFICER REVIEW.

(a)

Action by Hearing Officer.

(1)

The Hearing Officer shall conduct a hearing on the PUD development plan in accordance with the provisions of §§ 32-4-227 and 32-4-228.

(2)

The Hearing Officer shall issue a written decision that approves or denies the PUD development plan and may condition approval on comments contained in the Director's report or otherwise.

(3)

The decision shall identify any development or zoning requirements modified under subsection (b)(3) and a statement indicating that the Hearing Officer considered the impact of such modifications upon surrounding uses and why such modifications are in the public interest.

(b)

Standards for review.

(1)

The Hearing Officer shall review the proposed Planned Unit Development for compliance with the requirements of the Baltimore County Zoning Regulations and the development regulations.

(2)

The height, area, setback, parking, open space, sign and other development and zoning requirements of the underlying zone or district that apply in that portion of the proposed Planned Unit Development shall provide the base for the Hearing Officer's review. Unless otherwise modified, the base development and zoning requirements shall apply.

(3)

The Hearing Officer may:

(i)

Condition approval of a PUD development plan on higher design standards;

(ii)

Approve modifications of the applicable requirements of the underlying zone upon a finding that they are necessary to achieve the intent and purpose of this section; and

(iii)

Accept any proposed community benefit and further define its terms.

(4)

The Hearing Officer may not alter the amendments or modifications imposed by the County Council under § 32-4-242(c) or, except as provided in item (3)(iii), alter the community benefit identified in the Council resolution.

(5)

The Hearing Officer may require compliance of the plan with § 32-4-203 and with any of the general design standards of Article 32, Title 4, Subtitle 4 of the Baltimore County Code.

(c)

Basis for approval. The Hearing Officer may approve a proposed PUD development plan only upon finding that:

(1)

The proposed development meets the intent, purpose, conditions, and standards of this section;

(2)

The proposed development will conform with Section 502.1.A, B, C, D, E and F of the Baltimore County Zoning Regulations and will constitute a good design, use, and layout of the proposed site;

(3)

There is a reasonable expectation that the proposed development, including development schedules contained in the PUD development plan, will be developed to the full extent of the plan;

(4)

Subject to the provisions of § 32-4-242(c)(2), the development is in compliance with Section 430 of the Baltimore County Zoning Regulations; and

(5)

The PUD development plan is in conformance with the goals, objectives, and recommendations of one or more of the following: the Master Plan, area plans, or the Department of Planning.

(d)

Appeals. The decision of the Hearing Officer is subject to the appeal provisions of § 32-4-281.

(e)

Amendments.

(1)

In this subsection, "material amendment" means any significant change in the type, location and arrangement of principal land use, or the density of land use, within the development as shown on the previously approved PUD development plan.

(2)

If an amendment is proposed to an approved PUD development plan, the amendment shall be submitted to the Director of Permits, Approvals and Inspections. After receiving comments from the Directors of the Department of Planning and the Department of Environmental Protection and Sustainability and the Department of Public Works, the Director of the Department of Permits, Approvals and Inspections shall determine whether the changes are material and shall give written notice to the County Council, and the Secretary to the County Council, of his decision and the basis for his decision.

(3)

(i)

Within 14 days after receipt of the decision of the Director under paragraph (2), a member of the Council may request that the Director's decision be placed on a Council agenda for approval or disapproval at a legislative meeting. If a request is not made within the 14-day period, a proposed amendment shall be processed in accordance with paragraph (4) or (5).

(ii)

If the Director's decision is disapproved, the proposed amendment to the PUD development plan shall be submitted to the County Council pursuant to § 32-4-242.

(4)

If the Director of the Department of Permits, Approvals and Inspections determines that an amendment is non-material, and the County Council does not disapprove his decision, the PUD development plan shall be processed pursuant to § 32-4-106(b).

(5)

If the Director of the Department of Permits, Approvals and Inspections determines that an amendment is material, and the County Council does not disapprove his decision, the PUD development plan shall be processed pursuant to § 32-4-245.

(6)

Except as provided in paragraph (3)(ii), an application to the County Council pursuant to § 32-4-242 is not required for any amendment, material or non-material, to an approved PUD development plan.

(Bill No. 19-04, § 7, 5-29-2004; Bill No. 90-04, 3, 9-10-2004; 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, § 1, 4-4-2010; Bill No. 55-11, §§ 1, 2, 10-16-2011; Bill No. 42-12, § 1, 6-18-2012)