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Session Laws, 1990 Session
Volume 436, Page 2715   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 629

within 3 days to the County Executive who within 10 days thereafter shall approve or
disapprove the regulation or amendment. If the County Executive disapproves the
regulation or amendment, it shall be returned to the council with the reasons for the
disapproval stated in writing. The council, by the affirmative vote of [5] 6 members,
may enact the regulation or amendment over the disapproval of the County Executive.
Failure of the County Executive to act within 10 days constitutes approval of the
regulation or amendment. The regulations may provide for (1) the harmonious
development of the district; (2) the coordination of roads within the subdivision with
other existing planned or platted roads or with other features of the district or with the
Commission's general plan or with any road plan adopted or approved by the
Commission as part of the Commission's general plan; (3) adequate open spaces for
traffic, recreation, light, and air, by dedication or otherwise, and the dedication to
public use or conveyance of areas designated for 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 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

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Session Laws, 1990 Session
Volume 436, Page 2715   View pdf image (33K)
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