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Session Laws, 1986
Volume 768, Page 1933   View pdf image
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HARRY HUGHES, Governor                                    1933

date of receipt thereof from the Commission, the regulations and
amendments shall be deemed approved and have the force and effect

of law.] IN MONTGOMERY COUNTY, ON THE ADOPTION OF ANY
SUBDIVISION REGULATION OR AMENDMENT BY THE DISTRICT COUNCIL, THE
REGULATION OR AMENDMENT SHALL BE DELIVERED WITHIN 3 DAYS TO THE
COUNTY EXECUTIVE WHO WITHIN 10 DAYS THEREAFTER SHALL APPROVE OR
DISAPPROVE THE REGULATION OR AMENDMENT. IF THE COUNTY EXECUTIVE
DISAPPROVES THE REGULATION OR AMENDMENT, IT SHALL BE RETURNED TO
THE COUNCIL WITH THE REASONS FOR THE DISAPPROVAL STATED IN
WRITING. THE COUNCIL, BY THE AFFIRMATIVE VOTE OF 5 MEMBERS, MAY
ENACT THE REGULATION OR AMENDMENT OVER THE DISAPPROVAL OF THE
COUNTY EXECUTIVE. FAILURE OF THE COUNTY EXECUTIVE TO ACT WITHIN
10 DAYS CONSTITUTES APPROVAL OF THE REGULATION OR AMENDMENT. 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 judgment 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 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
benefit of the subdivision or to develop or otherwise improve
land or recreational facilities that will assist in supplying the
overall recreational and open space needs of the subdivision; (4)
the reservation of lands for schools and other public buildings
and for parks, playgrounds, and other public purposes, provided
no reservation of land for traffic, recreation or any other
public purposes as herein provided shall continue for longer than
three years without the written approval of all persons holding
or otherwise owning any legal or equitable interest in the
property; and provided further that the properties reserved for
public use shall be exempt from all State, county, and local
taxes during the period; (5) the conservation of or production of
adequate transportation, water drainage and sanitary facilities;
(6) the preservation of the location of and the volume and flow

 

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Session Laws, 1986
Volume 768, Page 1933   View pdf image
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