1962 LAWS OF MARYLAND Ch. 543
lot lines or district boundary lines or similar questions as they
arise in the administration of the regulations.
(b) In Montgomery County, notwithstanding any provision in
Article 25A, § 5(U), of the Annotated Code to the contrary, a
decision by the county board of appeals on applications for
zoning variations or exceptions may be appealed within 30 days by
any person, municipality, corporation, or association, whether or
not incorporated, which has appeared at the hearing in person, by
attorney, or in writing, to the circuit court for the county,
which may affirm or reverse the decision appealed from or remand
it to the board for further consideration for any reason, or
dismiss the appeal as provided by law. Any party to the
proceedings in the circuit court may appeal from such decision to
the Court of Special Appeals. The review proceedings provided by
this section are exclusive.
(c) (1) In Prince George's County, prior to any hearing by
a zoning hearing examiner and the district council concerning a
request for a special exception for the mining of sand or gravel,
a report shall be prepared in accordance with this subsection.
(2) Any report required under paragraph (1) of this
subsection shall:
(i) Be prepared by the Commission;
(ii) Comprehensively evaluate the request by
analyzing the impact of the proposed mining activities on THE
SURROUNDING AREA, CONSIDERING ONLY THE FOLLOWING FACTORS:
1. Noise;
2. Watershed and water quality;
3. Airshed and air quality; AND
4. Traffic and traffic safety; and
[5. Any other environmental factors
relating to the health, safety, and welfare of the residents in
the affected area; and]
(iii) Be paid for by the applicant through a
filing fee, a subsequent assessment, or both, unless covered by
the initial filing fee paid by the applicant FEE FOR THE SERVICES
PERFORMED BY THE COMMISSION, NOT TO EXCEED $8,000, IN ADDITION TO
THE INITIAL FILING FEE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.
Approved May 13, 1986.
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