Ch. 562

1995 LAWS OF MARYLAND

time and according to specifications fixed by or in accordance with the [regulations]
THIS ARTICLE. For this purpose any court of competent jurisdiction has jurisdiction to
issue restraining orders and temporary or permanent injunctions or mandamus or other
appropriate forms of remedy or relief.

7-121.

(A)     IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(1)      "DEVELOPMENT" MEANS ANY ACTIVITY, OTHER THAN NORMAL
AGRICULTURAL ACTIVITY, WHICH MATERIALLY AFFECTS THE EXISTING
CONDITION OR USE OF ANY LAND OR STRUCTURE.

(2)      "DEVELOPMENT RIGHTS AND RESPONSIBILITIES AGREEMENT" OR
"AGREEMENT" MEANS AN AGREEMENT, APPROVED BY THE DISTRICT COUNCIL OR
THE COUNTY EXECUTIVE, AS APPROPRIATE, MADE BETWEEN A PLANNING BOARD
OF THE COMMISSION, OR ITS DESIGNEE, A REVIEWING ENTITY, AND A PERSON
HAVING A LEGAL OR EQUITABLE INTEREST IN REAL PROPERTY FOR THE PURPOSE
OF ESTABLISHING CONDITIONS UNDER WHICH DEVELOPMENT OF THE PROPERTY
MAY PROCEED FOR A SPECIFIED TIME.

(3)      "REGULATORY PLAN" MEANS AN APPLICATION PROPOSING
DEVELOPMENT ON PRIVATELY OWNED LAND THAT MUST BE SUBMITTED TO A
PLANNING BOARD OF THE COMMISSION FOR REVIEW AND FINAL APPROVAL UNDER
THIS ARTICLE OR UNDER MONTGOMERY COUNTY OR PRINCE GEORGE'S COUNTY
LAWS AND REGULATIONS.

(4)      "REVIEWING ENTITY" MEANS THE COUNTY EXECUTIVE OF
MONTGOMERY COUNTY OR PRINCE GEORGE'S COUNTY, UNLESS OTHERWISE
INDICATED, OR OTHER LOCAL, STATE, OR FEDERAL GOVERNMENT OR UNIT THAT
AGREES TO EXECUTE AN AGREEMENT.

(B)     THIS SECTION ONLY APPLIES TO MONTGOMERY COUNTY.

(C) (1) THE DISTRICT COUNCIL MAY ADOPT ORDINANCES, CONSISTENT
WITH THIS SECTION, THAT ESTABLISH PROCEDURES AND REQUIREMENTS FOR THE
EXECUTION OF DEVELOPMENT RIGHTS AND RESPONSIBILITIES AGREEMENTS.

(2)      AN ORDINANCE MAY SPECIFY THE CIRCUMSTANCES UNDER WHICH
A PERSON MAY REQUEST THE NEGOTIATION AND EXECUTION OF AN AGREEMENT
BASED UPON:

(I)      THE SIZE, USE, ZONING, OR STAGING PLAN OF THE PROPOSED
DEVELOPMENT; OR

(II)     OTHER RELEVANT FACTORS, INCLUDING THE PROVISION OF
PUBLIC BENEFITS OR AMENITIES OR GROWTH MANAGEMENT POLICIES ADOPTED
BY THE COUNTY.

(3)      AN ORDINANCE ADOPTED UNDER THIS SECTION BY A DISTRICT
COUNCIL, MUST SHALL AUTHORIZE THE PLANNING BOARD OF THE COMMISSION TO:

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