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ROBERT L. EHRLICH, JR., Governor Ch. 611
Article 28 - Maryland-National Capital Park and Planning Commission
7-117.2.
(a) (1) (i) In Montgomery County, the subdivision regulations and zoning
ordinance shall provide that, before any action is taken by the planning board on an
application for a preliminary plan of subdivision or resubdivision, project plan, or site
plan review for property described in subparagraph (ii) of this paragraph, a copy of
the application shall be referred promptly to the incorporated municipality for review
and comment.
(ii) This subsection applies to property that:
1. Is located within the boundaries of an incorporated
municipality as defined in § 8-104(e) of this article; or
2. Shares a common boundary line, or a portion of a common
boundary line, with property lying entirely within the boundaries of an incorporated
municipality.
(2) If the incorporated municipality elects to comment, the incorporated
municipality shall promptly forward its written comments to the planning board.
(b) (1) In Montgomery County, on referral of a preliminary plan proposing
the resubdivision of residentially zoned property lying within the boundaries of an
incorporated municipality, the incorporated municipality shall initially determine
whether to transmit a recommendation concerning the plan to the planning board.
(2) If the initial determination is to transmit a recommendation, the
incorporated municipality, after providing reasonable public notice, shall hold a
hearing before it transmits its recommendation to the planning board.
(3) The recommendation shall be in writing and shall include all
pertinent findings of fact and conclusions of law supporting the recommendation,
based on the record of the hearing.
(4) An incorporated municipality may recommend denial of a plan under
this subsection only if it determines that the plan fails to comply with particular
provisions of the subdivision regulations OR THAT THE PLAN IS INCONSISTENT WITH
THE LONG-TERM VISION STATEMENT OF THE INCORPORATED MUNICIPALITY, IF THE
STATEMENT HAS BEEN ADOPTED AFTER NOTICE AND A PUBLIC HEARING.
(5) If an incorporated municipality recommends denial of a plan, it shall
also transmit a written record of the hearing to the planning board for inclusion in the
record compiled by the planning board.
(6) An incorporated municipality shall be considered to have waived its
right to make a recommendation under this subsection unless it transmits its written
recommendation and complete record, if required, to the planning board within 45
days of the delivery of the plan and application by the planning board.
(7) (I) When an incorporated municipality recommends denial of a
residential SUBDIVISION OR resubdivision application, a two-thirds majority vote of
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