PARRIS N. GLENDENING, Governor                                 Ch. 562

(I)       IF APPROVED BY THE DISTRICT COUNCIL OR COUNTY
EXECUTIVE, AS APPROPRIATE, EXECUTE AGREEMENTS AFFECTING REAL
PROPERTY WITHIN THE BOUNDARIES OF THE PLANNING BOARD'S JURISDICTION
WITH A PERSON HAVING A LEGAL OR EQUITABLE INTEREST IN THE REAL
PROPERTY; AND

(II)     IF REQUESTED BY ANY PARTY, INCLUDE A REVIEWING ENTITY
AS AN ADDITIONAL PARTY TO THE AGREEMENT.

(4) NOTHING IN THIS SECTION MAY BE CONSTRUED TO REQUIRE THE
ADOPTION OF AN ORDINANCE BY THE DISTRICT COUNCIL OR TO AUTHORIZE THE
DISTRICT COUNCIL, THE COMMISSION, OR ITS DESIGNEE TO REQUIRE A PARTY TO
ENTER INTO AN AGREEMENT.

(C) (D) (1) BEFORE ENTERING INTO AN AGREEMENT, A PERSON HAVING
A LEGAL OR EQUITABLE INTEREST IN REAL PROPERTY OR THE REPRESENTATIVE
OF A PERSON HAVING A LEGAL OR EQUITABLE INTEREST IN REAL PROPERTY,
SHALL REQUEST THAT A PLANNING BOARD OF THE COMMISSION IN THE
JURISDICTION IN WHICH THE PROPERTY IS LOCATED CONSIDER NEGOTIATING AND
EXECUTING AN AGREEMENT. A REQUEST MUST BE MADE AS PART OF AN
APPLICATION SUBMITTED TO A PLANNING BOARD FOR A REGULATORY PLAN
REVIEW ON MATTERS AUTHORIZED BY THIS ARTICLE.

(2) A PLANNING BOARD MAY, BUT NEED NOT, AGREE TO NEGOTIATE
AND, AFTER PUBLIC HEARING, ENTER INTO AN AGREEMENT.

(D) (E) A PUBLIC HEARING FOR A REGULATORY PLAN REVIEW MAY
SATISFY THE REQUIREMENT FOR A PUBLIC HEARING FOR AN AGREEMENT.

(E) (F) A PLANNING BOARD MAY NOT ENTER INTO AN AGREEMENT UNLESS
THE BOARD MAKES AN AFFIRMATIVE DETERMINATION THAT THE PROPOSED
AGREEMENT IS CONSISTENT WITH THE COMMISSION'S GENERAL PLAN.

(F) (G) (1) AN AGREEMENT SHALL INCLUDE:

(I)      A LEGAL DESCRIPTION OF THE REAL PROPERTY SUBJECT TO
THE AGREEMENT;

(II)     THE NAMES OF ALL PERSONS HAVING A LEGAL OR EQUITABLE
INTEREST IN THE REAL PROPERTY SUBJECT TO THE AGREEMENT;

(III)   THE DURATION OF THE AGREEMENT;

(IV)    THE PERMISSIBLE USES OF THE REAL PROPERTY;

(V)     THE DENSITY OR INTENSITY OF USE;

(VI)    THE MAXIMUM HEIGHT AND SIZE OF STRUCTURES;

(VII)  THE GENERAL LOCATION OF ALL BUILDINGS, STRUCTURES
AND SUPPORTING FACILITIES AND FEATURES;

- 3245 -