286                                       LAWS OF MARYLAND                                 Ch. 65

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 bodies 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 body of Montgomery County for appropriate action,
and such body 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 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 judgement 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,] 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