PARRIS N. GLENDENING, Governor

Ch. 562

BY THE PLANNING BOARD OR COUNTY AND, IF APPLICABLE, THOSE ADOPTED,
ENACTED, OR PROMULGATED BY A REVIEWING ENTITY AND IN EFFECT WHEN THE
PROJECT WAS REVIEWED AND APPROVED BY THE BOARD AND REVIEWING ENTITY;
AND

(2) THE PROJECT MAY BE CONSTRUCTED WITHOUT EFFECT BY AND
REGARD TO MODIFICATIONS THAT MAY SUBSEQUENTLY OCCUR TO SUCH
APPLICABLE LAWS, RULES, AND REGULATIONS, EXCEPT AS PROVIDED IN
SUBSECTION (K) OF THIS SECTION.

(I) (J) (1) AFTER A PUBLIC HEARING, THE PARTIES TO AN AGREEMENT
MAY AMEND THE AGREEMENT BY MUTUAL CONSENT, PROVIDED THAT ANY
SUBSTANTIAL MODIFICATION MUST BE APPROVED BY THE DISTRICT COUNCIL OR
COUNTY EXECUTIVE, AS APPROPRIATE.

(2) A PLANNING BOARD MAY NOT AMEND AN AGREEMENT, UNLESS IT
MAKES A DETERMINATION THAT THE PROPOSED AMENDMENT TO THE AGREEMENT
IS CONSISTENT WITH THE COMMISSION'S GENERAL PLAN.

(J) (K) (1) THE PARTIES TO AN AGREEMENT MAY TERMINATE THE
AGREEMENT BY MUTUAL CONSENT.

(2) AFTER A PUBLIC HEARING, THE PLANNING BOARD WITH THE
APPROVAL OF THE DISTRICT COUNCIL OR COUNTY EXECUTIVE, AS APPROPRIATE,
MAY SUSPEND OR TERMINATE AN AGREEMENT IF IT DETERMINES THAT
SUSPENSION OR TERMINATION IS ESSENTIAL TO ENSURE THE PUBLIC HEALTH,
SAFETY, OR WELFARE.

(K) (L) AN AGREEMENT MAY NOT PREVENT A PLANNING BOARD, DISTRICT
COUNCIL, COUNTY EXECUTIVE, OR OTHER LOCAL, STATE, OR FEDERAL
GOVERNMENT FROM REQUIRING A PERSON TO COMPLY WITH THE LAWS, RULES,
REGULATIONS, AND POLICIES, ADOPTED, ENACTED, OR PROMULGATED AFTER THE
DATE OF THE AGREEMENT, IF EITHER THE DISTRICT COUNCIL OR COUNTY
EXECUTIVE, AS APPROPRIATE, DETERMINE DETERMINES THAT IMPOSITION AND
COMPLIANCE WITH THESE LAWS AND REGULATIONS IS ESSENTIAL TO ENSURE THE
PUBLIC HEALTH, SAFETY, OR WELFARE OF RESIDENTS OF ALL OR PART OF THE
JURISDICTION.

(L) (M) (1) AN AGREEMENT SHALL BE VOID IF NOT RECORDED IN THE
LAND RECORDS OFFICE OF THE JURISDICTION WITHIN 20 DAYS AFTER THE DATE ON
WHICH THE PARTIES EXECUTE THE AGREEMENT.

(2) WHEN AN AGREEMENT IS RECORDED, THE PARTIES TO THE
AGREEMENT AND THEIR SUCCESSORS IN INTEREST ARE BOUND TO THE
AGREEMENT.

(M) (N) UNLESS TERMINATED UNDER SUBSECTION (J) (K) OF THIS SECTION,
AN AGREEMENT MAY BE ENFORCED BY THE PARTIES TO THE AGREEMENT OR
THEIR SUCCESSORS IN INTEREST, UTILIZING ALL REMEDIES AVAILABLE BY LAW. NO
RIGHT TO AN ADMINISTRATIVE APPEAL ARISES FROM THE NEGOTIATION OR
ENFORCEMENT OF AN AGREEMENT.

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