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Ch. 426
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2000 LAWS OF MARYLAND
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(5) A DECISION ON AN APPLICATION FOR AN ADMINISTRATIVE
ADJUSTMENT SHALL INCLUDE WRITTEN FINDINGS OF FACT.
(6) BY ORDINANCE OR OTHER ADOPTED PROCEDURE, THE LOCAL
LEGISLATIVE BODY MAY ALLOW AN APPEAL TO THE BOARD OF APPEALS OF A
DECISION TO APPROVE OR DENY AN ADMINISTRATIVE ADJUSTMENT.
(d) (1) Notwithstanding [subsection (a) of this section, in Charles County] §
4.07(A) OF THIS ARTICLE, [board members] A MEMBER OF THE BOARD OF APPEALS
shall be appointed to A 4-YEAR [staggered terms of 4 years] TERM.
(2) THE TERMS OF THE MEMBERS OF THE BOARD OF APPEALS SHALL BE
STAGGERED.
(e) (1) This subsection applies only[:
(i) In Charles County; and
(ii) To] TO an application for a special exception for surface mining,
an asphalt plant, concrete plant, or sand and gravel washing, crushing, or screening.
(2) (I) Notwithstanding [any other provision of this section] § 4.07 OF
THIS ARTICLE, the County Commissioners may hear and decide a special exception
under an appeal filed by a property owner WHO IS aggrieved by a decision of the board
of appeals on the special [exception, in) EXCEPTION.
(II) THE COUNTY COMMISSIONERS SHALL HEAR AND DECIDE AN
APPEAL OF A SPECIAL EXCEPTION IN accordance with rules and procedures adopted
by the County Commissioners.
(3) If the County Commissioners adopt rules and procedures for
considering a special exception under this subsection, the decision of the [county
commissioners] COUNTY COMMISSIONERS to grant, deny, modify, or remand the
application for the special exception is a final decision from which an appeal may be
taken to the circuit court under § 4.08 of this [subtitle] ARTICLE.
(f) [In Charles and St. Mary's Counties this section] SECTION 5.05 OF THIS
ARTICLE does not apply to the sale or negotiation for sale of industrial property.
(g) [(a)] (1) Notwithstanding any other provision of this article, if [an
application or permit or series of applications or permits] A PERMIT is granted
[within Charles County] to an owner [or owners] of land [which allows the
applicant] to proceed with the development of land for [purposes of constructing]
residential dwelling units, [whether single or multiple, detached or attached, in a
manner) SO that the County or the State will have to provide additional school sites
or school facilities for the use and benefit of new residents [who will populate) OF the
developed land, the owner [or owners] of the land, in accordance with regulations or
procedures [which may be promulgated] ADOPTED by the County Commissioners,
shall [compensate the County for] PAY THE COUNTY FOR THE COSTS OF the burden
the development will impose in terms of the additional public school facilities which
will have to be provided in an amount equal to the cost attributable to the proposed
development of the land involved.
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