BLAIR LEE III, Acting Governor
2399
providing that under certain conditions the fees may be
used to purchase open space; and clarifying language.
BY repealing and reenacting, with amendments,
Article 66D - Maryland—National Capital Park
and Planning Commission
Section 7-116(a)
Annotated Code of Maryland
(1970 Replacement Volume and 1977 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:
Article 66D - Maryland-National Capital Park
and Planning Commission
7-116.
(a) In exercising the powers granted to it by § 7—115
of this article, the Commission or the governing body of
either county may prepare regulations and amendments
governing the subdivision of land within the regional
district or the respective portions of the regional district
within Montgomery or Prince George's County. The
regulations and amendments shall be adopted by the
respective governing todies of the counties, with whatever
changes they consider appropriate, and shall be effective
from the date of adoption or from such other date the
governing body designates provided that such adoption does
not affect in any manner the administration of the
regulations by the Commission or its functions under § 7—115
hereof. If the Commission prepares or has prepared
regulations and amendments, which it presents to the
governing tody of Montgomery County for appropriate action,
and such tody does not approve, modify or reject the
regulations and amendments within six months from the date
of receipt thereof from the Commission, the regulations and
amendments shall be deemed approved and have the force and
effect of law. 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 [the] dedication under the provisions
of THE zoning AND SUBDIVISION regulations [relating to
average lot size or planned community subdivision] and for
the payment of a monetary fee, in lieu of dedication, not to
exceed [five] 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 [the]
open spaces for the use and benefit of the subdivision in
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