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PARRIS N. GLENDENING, Governor
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Ch. 426
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(b) The authority GRANTED under this subtitle is in addition to any [existing]
OTHER zoning and planning powers.
DRAFTER'S NOTE: In subsection (a)(1) of this section, the former reference to
"of a county or municipal corporation, including Baltimore City," is deleted
as included within the defined term "local legislative body".
Development Rights and Responsibilities Agreements
13.01. Agreements.
(a) (1) In this section[,] the following words have the meanings indicated.
(2) "Agreement" means A development rights and responsibilities
agreement.
[(3) "Commission" means a planning and zoning commission or similar
body.]
[(4)] (3) "Governing body" means the local legislative body, the local
executive, or other elected governmental body that has zoning powers under this
article.
[(5)] (4) "Public principal" means the governmental entity of a LOCAL
jurisdiction that has been granted the authority to enter agreements under
subsection (b)(1) of this section.
(b) (1) Subject to subsections (c) through (1) of this section, the governing
body of a LOCAL jurisdiction may:
(i) By ordinance, establish procedures and requirements for the
consideration and execution of agreements; and
(ii) Delegate all or part of the authority established under the
ordinance to a public principal within the jurisdiction of the governing body.
(2) The public principal may:
(i) Execute agreements for real property located within jurisdiction
of the governing body with a person having a legal or equitable interest in the real
property; and
(ii) Include a federal, State, or local government or unit as an
additional party to the agreement.
(c) Before entering 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] PERSON'S REPRESENTATIVE shall petition [to] the public principal
of the LOCAL jurisdiction in which the property is located.
(d) (1) After receiving a petition and before entering an agreement, the
public principal shall conduct a public hearing.
(2) [If a] A public hearing THAT is [already] required for approval of the
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- 2365 -
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