WILLIAM DONALD SCHAEFER, Governor                            Ch. 645

(III) HOLDER OF A 5 PERCENT OR GREATER INTEREST IN THE
BUSINESS ENTITY THAT HAS AN INTEREST IN THE LAND IF;

1. THE INTEREST HOLDER IS INVOLVED SIGNIFICANTLY IN
DIRECTING THE AFFAIRS OF THE BUSINESS ENTITY, INCLUDING THE DISPOSITION
OF THE LAND; OR

2. THE INTEREST HOLDER IS ENGAGED IN SUBSTANTIVE
ACTIONS SPECIFICALLY PERTAINING TO LAND DEVELOPMENT IN MONTGOMERY
COUNTY AS A REGULAR PART OF THE ACTIVITY OF THE BUSINESS ENTITY.

(2) "APPLICANT" INCLUDES:

(I) ANY OTHER BUSINESS ENTITY IN WHICH AN INDIVIDUAL OR
BUSINESS ENTITY DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION HOLDS A 5
PERCENT OR GREATER INTEREST; OR

(II) AN OFFICER OR DIRECTOR OF A CORPORATION IF THE
CORPORATION ACTUALLY HOLDS TITLE TO, OR IS THE CONTRACT PURCHASER OR
ASSIGNEE OF, THE LAND THAT IS THE SUBJECT OF AN APPLICATION.

(3) "APPLICANT" DOES NOT INCLUDE:

(I) A FINANCIAL INSTITUTION THAT HAS LOANED MONEY OR
EXTENDED FINANCING FOR THE ACQUISITION, DEVELOPMENT, OR CONSTRUCTION
OF IMPROVEMENTS ON THE LAND THAT IS THE SUBJECT OF AN APPLICATION;

(II) A MUNICIPAL OR PUBLIC CORPORATION;

(III) A PUBLIC AUTHORITY;

(IV) A PUBLIC SERVICE COMPANY ACTING WITHIN THE SCOPE OF
ARTICLE 78 OF THE CODE; OR

(V) A PERSON WHO IS:

1. NOT A FULL TIME EMPLOYEE OF THE APPLICANT; AND

2. HIRED OR RETAINED AS AN ACCOUNTANT, ATTORNEY,
ARCHITECT, ENGINEER, LAND USE CONSULTANT, ECONOMIC CONSULTANT, REAL
ESTATE AGENT, REAL ESTATE BROKER, TRAFFIC CONSULTANT, OR TRAFFIC
ENGINEER.

(B) (1) (I) "APPLICANT" MEANS AN INDIVIDUAL OR BUSINESS ENTITY
THAT IS:

1. A TITLE OWNER OR CONTRACT PURCHASER OF LAND
THAT IS THE SUBJECT OF AN APPLICATION;

2. A TRUSTEE WHO HAS AN INTEREST IN LAND THAT IS THE
SUBJECT OF AN APPLICATION, EXCLUDING TRUSTEES DESCRIBED IN A MORTGAGE
OR DEED OF TRUST; OR

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