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PARRIS N. GLENDENING, Governor
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Ch. 426
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(1) OTHERWISE ESTABLISHED UNDER SUBSECTION (F)(1)(III) OR (2)(I) OF
THIS SECTION; OR
(2) EXTENDED BY AMENDMENT UNDER SUBSECTION (H) OF THIS
SECTION.
(h) (1) Subject to paragraph (2) of this subsection and after a public hearing,
the parties to an agreement may amend the agreement by mutual consent.
(2) [The] UNLESS THE PLANNING COMMISSION OF THE LOCAL
JURISDICTION DETERMINES THAT THE PROPOSED AMENDMENT IS CONSISTENT
WITH THE PLAN OF THE LOCAL JURISDICTION, THE parties may not amend an
agreement[, unless the commission of the jurisdiction determines whether the
proposed amendment is consistent with the plan of the jurisdiction].
(i) (1) The parties to an agreement may terminate the agreement by mutual
consent,
(2) [After a public hearing,] IF THE PUBLIC PRINCIPAL OR THE
GOVERNING BODY DETERMINES THAT SUSPENSION OR TERMINATION IS ESSENTIAL
TO ENSURE THE PUBLIC HEALTH, SAFETY, OR WELFARE, the public principal or its
governing body may suspend or terminate an agreement [if the public principal or
the governing body determines that suspension or termination is essential to ensure
the public health, safety, or welfare] AFTER A PUBLIC HEARING.
(j) (1) Except as provided in paragraph (2) of this subsection, the laws,
rules, regulations, and policies governing the use, density, or intensity of the real
property subject to the agreement shall be the laws, rules, regulations, and policies in
force at the time the parties execute the agreement.
(2) [An] IF THE LOCAL JURISDICTION DETERMINES THAT COMPLIANCE
WITH LAWS, RULES, REGULATIONS, AND POLICIES ENACTED OR ADOPTED AFTER
THE EFFECTIVE DATE OF THE AGREEMENT IS ESSENTIAL TO ENSURE THE HEALTH,
SAFETY, OR WELFARE OF RESIDENTS OF ALL OR PART OF THE JURISDICTION, AN
agreement may not prevent a local government from requiring a person to comply
with [the laws, rules, regulations, and policies enacted after the date of the
agreement, if the local government 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] THOSE LAWS, RULES, REGULATIONS,
AND POLICIES.
(k) (1) An agreement [shall be void if] THAT IS not recorded in the land
records office of the LOCAL jurisdiction within 20 days after the day on which the
parties execute the agreement IS VOID.
(2) [When an agreement is recorded, the] THE parties to [the] AN
agreement and their successors in interest are bound to the agreement AFTER THE
AGREEMENT IS RECORDED.
(1) Unless THE AGREEMENT IS terminated under subsection (i) of this section,
the parties to an agreement or their successors in interest may enforce the
agreement.
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- 2367 -
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