§ 32-9-112. DESIGN EVALUATION PROCEDURE; AWARD OF GROWTH ALLOCATION.

(a)

In general. The procedures under this section for the design evaluation factors shall be used to award growth allocations in the Chesapeake Bay Critical Area.

(b)

Procedures available for distribution.

(1)

The Department of Environmental Protection and Sustainability shall have available for distribution copies of:

(i)

The procedural and submission requirements; and

(ii)

The evaluation objectives previously submitted to the Chesapeake Bay Critical Area Commission.

(2)

The submission requirements and evaluation objectives are subject to review and revision by the Department of Environmental Protection and Sustainability or Growth Allocation Review Committee on an annual basis, if necessary.

(c)

Map to show location of growth allocation. The Department of Environmental Protection and Sustainability shall prepare copies of the official county Chesapeake Bay Critical Area map showing the location of the requested growth allocations.

(d)

Review and recommendations by Growth Allocation Review Committee to Planning Board. The Growth Allocation Review Committee shall review the submissions per the design evaluation objectives and make written recommendations to the Planning Board within 45 days after the receipt of the application by the Growth Allocation Review Committee.

(e)

Review of Growth Allocation Review Committee recommendations.

(1)

After giving public notice in one newspaper of general circulation at least 20 days before the meeting, the Planning Board shall hold one or more public meetings to review the recommendations of the Growth Allocation Review Committee.

(2)

The meetings held by the Planning Board shall include:

(i)

A presentation of the plan;

(ii)

The recommendations by the Growth Allocation Review Committee; and

(iii)

Public comment.

(3)

During the period of notice, the plans with accompanying text and data, as well as the recommendations by the Growth Allocation Review Committee, shall be available for public inspection at the Department of Environmental Protection and Sustainability.

(f)

Notice posted on property subject to growth allocation plan. At least 15 business days before the Planning Board's public meeting, the county shall require to be conspicuously posted a notice of the date, time, and place of the meeting on the lot, parcel or tract that is the subject of the plan.

(g)

Planning Board recommendations.

(1)

Within 30 days after the final public meeting, the Planning Board shall forward its recommendations that require an amendment of the Chesapeake Bay Critical Area Overlay Areas established under Article 33, Title 2, Subtitle 6 of the Code on the official county Chesapeake Bay Critical Area Map to:

(i)

The Board of Appeals for a final determination, under § 32-3-511 of this article; or

(ii)

The County Council for a final determination if a zoning change to the official zoning map is required, subject to the provisions of § 32-3-224 of this article.

(2)

(i)

Notwithstanding any provision in this Code to the contrary, the Board of Appeals may amend the official county Chesapeake Bay Critical Area Map only when changes involving growth allocation are requested.

(ii)

If changes are required to the official zoning map only or to both the official zoning map and to the official county Chesapeake Bay Critical Area Map, the application shall be referred to the County Council.

(h)

Amendments to maps. The Department of Environmental Protection and Sustainability shall forward the proposed amendments to the official county Chesapeake Bay Critical Area map and all relevant information to the Critical Area Commission for approval under § 8-1809(i) of the Natural Resources Article of the Annotated Code of Maryland.

(i)

Amendment to the official Chesapeake Bay Critical Area map.

(1)

In accordance with § 8-1809(o)(5) of the Natural Resources Article of Annotated Code of Maryland, the county shall incorporate the approved amendment to the official county Chesapeake Bay Critical Area map into its local protection program within 120 days after receiving notice that this amendment has been approved by the Critical Area Commission.

(2)

In accordance with § 33-2-105(d) of the Code, the Department of Environmental Protection and Sustainability shall amend the official county Chesapeake Bay Critical Area map reflecting any changes approved by the Critical Area Commission.

(1988 Code, § 26-123) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 63, 1992, § 1, 7-23-1992; Bill No. 51-94, § 1, 5-20-1994; Bill No. 95-94, §§ 1, 2, 7-12-1994; Bill No. 50-99, § 1, 7-12-1999; Bill No. 103-02, § 3, 7-1-2004; Bill No. 108-05, § 2, 10-30-2005; Bill No. 122-10, § 12, 1-16-2011; Bill No. 51-15, § 3, 8-16-2015 )

Editor's note:
  The amendments enacted under § 2 of Bill 108-05 are effective retroactive to July 1, 2004.