WILLIAM DONALD SCHAEFER, Governor                        Ch. 5

dedication under the provisions of the zoning and subdivision
regulations and for the payment of a monetary fee, in lieu of
dedication, not to exceed 5 percent of the total assessed value
of the land that is the subject of an approved preliminary plan
of subdivision to be used by the Commission to purchase open
spaces for the use and benefit of the subdivision in cases where
dedication would be impractical, provided that when, in the
judgment of the Commission, suitable land is not available for
acquisition to serve the subdivision from which a fee has been
exacted, or if adequate open space has heretofore been acquired
and is available to serve the subdivision, then the Commission
may use the fee collected in lieu of dedication to develop or
otherwise improve land or recreational facilities that will
assist in supplying the overall recreational needs of the
subdivision, and further provided that if the subdivision is in a
municipality in Prince George's County that is not within the
metropolitan district but is within the regional district and
when requested by the municipality the mandatory fee in lieu of
dedication received by the Commission shall be paid to and used
by the municipality either to purchase open space for the use and
benefit of the subdivision or to develop or otherwise improve
land or recreational facilities that will assist in supplying the
overall recreational and open space needs of the subdivision; (4)
the reservation of lands for schools and other public buildings
and for parks, playgrounds, highways, roads, mass transit
facilities, including busways and light rail facilities, and
other public purposes, provided no reservation of land for
traffic, recreation or any other public purposes as herein
provided shall continue for longer than three years without the
written approval of all persons holding or otherwise owning any
legal or equitable interest in the property; and provided further
that the properties reserved for public use shall be exempt from
all State, county, and local taxes during the period; (5) the
conservation of or production of adequate transportation, water
drainage and sanitary facilities; (6) the preservation of the
location of and the volume and flow of water in and other
characteristics of natural streams and other waterways, including
the establishment of a [storm water] STORMWATER management
program in Montgomery County which would allow the county to
accept monetary contributions, the granting of an easement, or
the dedication of land; (7) the avoidance of population
congestion; (8) the avoidance of scattered or premature
subdivision of land as would involve danger or injury to health,
safety or welfare by reason of the lack of water supply,
drainage, transportation or other public services or necessitate
an excessive expenditure of public funds for the supply of
services; (9) conformity of resubdivided lots to the character of
lots within the existing subdivision with respect to area,
frontage, and alignment to existing lots and streets; (10)
control of subdivision or building (except for agricultural or
recreational purposes) in flood plain areas or streams and
drainage courses, and on unsafe land areas; (11) preservation of
outstanding natural or cultural features and historic sites or

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