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Session Laws, 1988
Volume 770, Page 1915   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 100

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. 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, HIGHWAYS, ROADS, MASS TRANSIT

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Session Laws, 1988
Volume 770, Page 1915   View pdf image
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