3578

LAWS OF MARYLAND

[Ch. 871

(1)    A FINDING THAT THE AREA OF THE
DEVELOPMENT DISTRICT HAS NOT BEEN RENOVATED, DEVELOPED,
REDEVELOPED OR REHABILITATED BECAUSE OF OBSOLETE
PLATTING, SHALL LOTS, DIVERSITY OF OWNERSHIP OR
INADEQUACY OF PUBLIC FACILITIES OR AMENITIES, OR ANY
COMBINATION OF THESE FACTORS;

(2)    A FINDING 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 FINDING THAT THERE IS A PUBLIC NEED
FOR THE DEVELOPMENT DISTRICT;

(4)         A STATEMENT OF THE GEOGRAPHIC BOUNDARIES

OF THE DISTRICT;

(5)    A FINDING THAT DESIGNATION OF THE
DISTRICT WILL ASSIST IN THE IMPLEMENTATION OF THE
APPROVED AND ADOPTED MASTER PLAN OR PLANS FOR THE AREA;
AND

(6)    A STATEMENT OF THE TERMS AND CONDITIONS
ACCOMPANYING THE CONSENT OF EACH MUNICIPAL CORPORATION
SUBJECT TO ARTICLE [[XI-H]] XI-E OF THE MARYLAND
CONSTITUTION INCLUDED, IN WHOLE OR IN PART, IN THE
PROPOSED DISTRICT.

(D) A RESOLUTION DESIGNATING A DEVELOPMENT
DISTRICT MAY BE ADOPTED ONLY IN THE FOLLOWING MANNER: THE
COUNTY COUNCIL, WITH THE AFFIRMATIVE VOTE OF AT LEAST
FOUR MEMBERS, MAY ADOPT SUCH A RESOLUTION WHICH, WITHIN
THREE DAIS, SHALL BE DELIVERED TO THE COUNTY EXECUTIVE,
WHO WITHIN 30 DAYS OF RECEIPT, MAY APPROVE OR DISAPPROVE
IT. IF THE COUNTY EXECUTIVE DISAPPROVES THE RESOLUTION,
HE SHALL RETURN IT TO THE COUNCIL WITH THE REASONS FOR
HIS DISAPPROVAL STATED IN WRITING. THE COUNCIL MAY THEN
READOPT THE RESOLUTION OVER THE DISAPPROVAL OF THE COUNTY
EXECUTIVE BY THE AFFIRMATIVE VOTE OF FIVE MEMBERS. ANY
SUCH RESOLUTION WHICH IS NEITHER APPROVED NOR DISAPPROVED
BY THE COUNTY EXECUTIVE SHALL TAKE EFFECT ON THE
THIRTY-FOURTH DAY AFTER ADOPTION BY THE COUNTY COUNCIL.

28A-2.

IN DULY DESIGNATED DEVELOPMENT DISTRICTS, MONTGOMERY
COUNTY MAY:

(A) ACQUIRE LAND OR PROPERTY, OR BOTH, OF ANY
KIND, AND ANY RIGHT, INTEREST, EASEMENT OR PRIVILEGE
THEREIN, BY PURCHASE, LEASE, GIFT, CONDEMNATION OF ANY
OTHER LEGAL MEANS, FOR OR IN CONNECTION WITH THE