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HARRY HUGHES, Governor 1931
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adequate public facilities exist for the subdivision plan;
and generally relating to the recommendation authority of
the County Executive over the subdivision process.
BY adding to
Article 28 - Maryland-National Capital Park and Planning
Commission
Section 7-117.1
Annotated Code of Maryland
(1983 Replacement Volume and 1985 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 28 - Maryland-National Capital Park and Planning
Commission
7-117.1.
(A) (1) IN MONTGOMERY COUNTY, THE SUBDIVISION REGULATIONS
SHALL PROVIDE THAT PRIOR TO ACTION BY THE PLANNING BOARD A
PRELIMINARY PLAN OF A SUBDIVISION. SHALL BE REFERRED TO THE COUNTY
EXECUTIVE FOR A DETERMINATION RECOMMENDATION AS TO WHETHER PUBLIC
FACILITIES ARE ADEQUATE TO SUPPORT AND SERVICE THE AREA OF THE
PROPOSED SUBDIVISION. (2) BASED ON CRITERIA DEVELOPED BY THE
COUNTY EXECUTIVE AND. APPROVED BY THE DISTRICT COUNCIL AND
STANDARDS SET FORTH IN THE SUBDIVISION REGULATIONS OF MONTGOMERY
COUNTY, THE COUNTY EXECUTIVE SHALL EITHER APPROVE OR DISAPPROVE
RECOMMEND EITHER AN APPROVAL OR DISAPPROVAL OF THE PRELIMINARY
PLAN AND RETURN IT TO THE COMMISSION. (3) A SUBDIVISION PLAN
MAY NOT BE APPROVED BY THE COMMISSION WITHOUT THE APPROVAL OF THE
COUNTY EXECUTIVE AFFIRMING THAT THE PUBLIC FACILITIES ARE
ADEQUATE TO SUPPORT AND SERVICE THE AREA OF THE PROPOSED
SUBDIVISION.
(B) THE SUBDIVISION REGULATIONS ADOPTED BY THE DISTRICT
COUNCIL AND IN EFFECT WITHIN MONTGOMERY COUNTY CONCERNING
ADEQUATE PUBLIC FACILITIES ARE DEEMED TO HAVE BEEN ADOPTED IN
ACCORDANCE WITH THIS SECTION EXCEPT THAT WHEREVER THE TERM
"PLANNING BOARD" APPEARS THE TERM "COUNTY EXECUTIVE" SHALL BE
SUBSTITUTED.
(C) (B) THIS SECTION APPLIES ONLY TO THE PLANS OF A
SUBDIVISION THAT HAVE NOT RECEIVED PRELIMINARY PLANS OF
SUBDIVISION APPROVAL BY THE PLANNING BOARD BEFORE DECEMBER 1,
1986.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect December 1, 1986.
Approved May 13, 1986.
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