3576

LAWS OF MARYLAND

[Ch. 871

BUSINESS DISTRICT AS DESIGNATED IN THE LOCAL ZONING
ORDINANCE]] AND IN WHICH IS LOCATED A RAPID RAIL TRANSIT
STATION SITE WHICH HAS RECEIVED FINAL APPROVAL, OR A
PORTION OF SUCH SITE. A DESIGNATION MAY NOT BE MADE
UNTIL AFTER THE EFFECTIVE DATE OF A NONEMERGENCY LAW
ENACTED BY MONTGOMERY COUNTY ESTABLISHING A PROCESS BY
WHICH EACH DEVELOPMENT DISTRICT SHALL BE DESIGNATED.
THAT PROCESS SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING
REQUIREMENTS:

(A)    THE MONTGOMERY COUNTY EXECUTIVE OR MONTGOMERY
COUNTY COUNCIL, PRIOR TO PROPOSING AN AREA FOR
DESIGNATION AS A DEVELOPMENT DISTRICT, SHALL MAKE A GOOD
FAITH EFFORT TO CONSULT WITH ALL OWNERS AND LEASEHOLDERS
OF PROPERTIES WITHIN THE PROPOSED DEVELOPMENT DISTRICT
AND WITH EACH MUNICIPALITY SUBJECT TO ARTICLE XI-A OF
THE CONSTITUTION, ANY PORTION OF WHICH IS WITHIN THE
PROPOSED DEVELOPMENT DISTRICT AND WITH EACH SPECIAL
TAXING AREA WITH AN ELECTED GOVERNING BODY, ANY PORTION
OF WHICH IS WITHIN A PROPOSED DEVELOPMENT DISTRICT, FOR
THE PURPOSE OF EXPLAINING THE PROPOSAL AND EXPLORING
ALTERNATIVE METHODS OF ACCOMPLISHING THE DESIRED GOALS.

(B)    A DEVELOPMENT DISTRICT MAY BE PROPOSED BY
EITHER THE COUNTY EXECUTIVE OR COUNTY COUNCIL BY
RESOLUTION ADOPTED BY THE COUNTY COUNCIL AND APPROVED BY
THE COUNTY EXECUTIVE. THE RESOLUTION SHALL INCLUDE:

(1)    A STATEMENT, INCLUDING REASONS IN
SUPPORT OF THE STATEMENT THAT THE AREA OF THE PROPOSED
DISTRICT HAS NOT BEEN DEVELOPED, REDEVELOPED, RENOVATED
OR REHABILITATED BECAUSE OF OBSOLETE PLATTING, SMALL
LOTS, DIVERSITY OF OWNERSHIP OR INADEQUACY OF PUBLIC
FACILITIES OR AMENITIES, OR ANY COMBINATION OF THESE
FACTORS;

(2)    A STATEMENT, INCLUDING REASONS IN
SUPPORT OF THE STATEMENT, THAT EFFORTS OF THE PRIVATE
SECTOR TO ASSEMBLE LAND OR PROPERTY WITHIN THE PROPOSED
DEVELOPMENT DISTRICT, IN ACCORDANCE WITH APPROVED AND
ADOPTED MASTER PLANS FOR THE AREA, HAVE BEEN
UNSUCCESSFUL;

(3)    A STATEMENT, INCLUDING REASONS IN
SUPPORT OF THE STATEMENT, OF THE PUBLIC NEED FOR
EXERCISING THE AUTHORITY CONTAINED IN ARTICLE [[XI-H]]
XI-I OF THE CONSTITUTION WITHIN THE PROPOSED DEVELOPMENT
DISTRICT;

(4)    A STATEMENT OF THE EXPECTED IMPACT,
INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL AND ECONOMIC
IMPACT, OF THE PROPOSED DISTRICT ON PUBLIC FACILITIES AND
ON THE COMMUNITY;