Appendix C. EXCEPTS FROM BALTIMORE COUNTY CHARTER REGARDING OFFICE OF PLANNING AND ZONING
Subdivision 6. Office of Planning and Zoning
Sec. 522. Organization of office and selection of its components.
The office of planning and zoning shall be composed of a director of planning and zoning who shall administer the office, a planning board, a zoning commissioner and one or more deputy zoning commissioners. The county executive shall appoint the director of planning and zoning, the zoning commissioner, and one or more deputy zoning commissioners, subject to confirmation by the county council. The director of planning and zoning shall serve until he shall resign or be removed upon the recommendation of the county executive approved by a majority plus one of the total number of county council members established by this Charter. The zoning commissioner and each deputy zoning commissioner shall serve terms expiring June 1 of the year following the election of a county executive provided by this Charter or until their successors are appointed and confirmed, but they may be removed at any time upon the recommendation of the county executive approved by a majority plus one of the total number of county council members established by this Charter.
The planning board shall consist of 15 members serving three-year terms, subject, however, to the requirement that the terms of five members shall end each year. Eight (8) members of the planning board shall be appointed by the county executive, and each member of the county council shall appoint one member who shall be a resident of the councilman's district. The county executive shall appoint the chairman and vice-chairman subject to confirmation by the county council. At least one planning board member shall reside in each councilmanic district. No member of the planning board shall hold any other salaried position in the county government while a member of the planning board.
Sec. 522.1. Duties of the office of planning and zoning; limitation of powers.
(a)
The office of planning and zoning shall have the responsibility and duty of planning for Baltimore County, including:
(1)
Preparing, at least every ten years, and revising, a master plan; monitoring the implementation of the master plan; and preparing at least every two years a report to the county executive and county council on the progress achieved toward implementation of the master plan.
(2)
Preparing, at least every six years, recommending to the county council, and administering, a zoning map.
(3)
Preparing and recommending to the county council rules and regulations governing the subdivision of land, and administering the subdivision rules and regulations as adopted.
(4)
Preparing and recommending to the county council zoning rules and regulations which, together with the zoning map, shall constitute a zoning code.
(5)
Administering the zoning code.
(b)
The master plan shall be adopted as provided by section 523 of this Charter. All other plans, zoning maps, and rules and regulations recommended for adoption, amendment or repeal by the offices of planning and zoning, the planning board or the zoning commissioner shall, prior to taking effect as law, be approved by legislative act of the county council.
Sec. 523. The master plan and the zoning maps.
(a)
Definition and implementation of the master plan. The master plan shall be a composite of mapped and written proposals setting forth comprehensive objectives, policies and standards to serve as a guide for the development of the county. Upon receipt of the master plan from the office of planning and zoning, the county council shall accept or modify and then adopt it by resolution.
(b)
Definition and implementation of the zoning maps. The zoning maps shall show the boundaries of the proposed districts, divisions and zones into which the county is to be divided consistent with the master plan. Upon receipt of the zoning map from the office of planning and zoning, the county council shall accept or modify and then adopt it by legislative act.
Sec. 524. Reorganization of office of planning and zoning.
Notwithstanding any other provisions of this Charter, the county council shall have the power by legislative act to reorganize the office of planning and zoning, to define the duties of the director of said office, to establish the powers, duties and compensation of the planning board, and to establish the duties and responsibilities of the zoning commissioner and deputy zoning commissioners, so that planning and zoning functions shall be conducted in the best interests of the county and its future development and growth.
Sec. 524.1. People's counsel.
(a)
The county executive shall appoint a people's counsel who shall represent the interests of the public in general in zoning matter as hereinafter set forth, subject, however, to confirmation by the county council, and such person so appointed shall continue to serve as people's counsel until such time as he or she resigns or has been removed pursuant to the provisions herein contained:
(1)
Qualifications: The people's counsel shall be a resident of Baltimore County, a member in good standing of the Maryland Bar, and actively engaged in the general practice of law for at least five (5) years prior to his appointment.
(2)
Removal: The people's counsel may be removed at any time on the recommendation of the county executive and with the affirmative vote of not less than a majority plus one of the total number of county council members established by this Charter.
(3)
Powers and duties: The people's counsel shall have the following powers and duties:
A.
He shall appear as a party before the zoning commissioner of Baltimore County, his deputy, the county board of appeals, the planning board, and the courts on behalf of the interests of the public in general, to defend any duly enacted master plan and/or comprehensive zoning maps as adopted by the county council, and in any matter or proceeding now pending or hereafter brought involving zoning reclassification and/or variance from or special exception under the Baltimore County Zoning Regulations, as now or hereafter in force and effect, in which he may deem the public interest to be involved. In defense of the zoning maps or master plan, he may appear as a party in interest before all state and federal agencies, boards, and courts on matters involving the preservation of the quality of the air, land, and water resources of Baltimore County, and/or may initiate such proceedings in the public interest. He shall have in such appearance, all the rights of counsel for a party in interest, including but not limited to the right to present his case, to cross examine, to object, to be heard, and to file and prosecute an appeal in his capacity as people's counsel from any order or act of the zoning commissioner of Baltimore County or his deputy, or of the county board of appeals to the courts as an aggrieved party pursuant to the provisions of Section 604 of this Charter to promote and protect the health, safety and general welfare of the community. The people's counsel may also prosecute an application before any state or federal court for injunctive and other relief incidental thereto, to enjoin violation of any Baltimore County zoning maps or master plan or as authorized by resolution by the county council.
B.
He shall make such investigations as he may deem necessary to the intelligent performance of his duties imposed by subparagraph A. of this Section.
C.
He shall have full access to the records of all county agencies, shall be entitled to call upon the assistance of county employees, and shall have the benefit of all other facilities or information of the county in carrying out his duties.
(4)
Employment of experts: The people's counsel may hire from time to time, as needed, in connection with specific proceedings before the above named bodies, experts in the fields of planning, zoning, traffic, engineering, ecology and architecture, to the extent that county personnel cannot be utilized, and to expend such sums for compensation and/or expenses of these experts as shall be provided in the annual budget.
(5)
Salary and expenses: He shall receive an annual salary and such sums as may be needed to carry out the powers and duties set forth herein as provided in the annual budget.