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PARRIS N. GLENDENING, Governor
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Ch. 389
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under certain circumstances; requiring that agreements include certain
provisions; allowing inclusion of additional provisions; requiring that any
extension be approved by the District Council; establishing that certain laws,
rules, regulations, and policies govern agreements under certain circumstances;
authorizing certain persons to amend or terminate agreements under certain
circumstances; providing for the effect of recording of an agreement under
certain circumstances; establishing the rights of parties to enforce an
agreement; defining certain terms; providing that this Act is self-executing; and
generally relating to development rights and responsibilities agreements in
Prince George's County.
BY adding to
Article 28 - Maryland-National Capital Park and Planning Commission
Section 7-121.1
Annotated Code of Maryland
(1997 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 28 - Maryland-National Capital Park and Planning Commission
7-121.1.
(A) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(1) "DEVELOPER" MEANS A PERSON HAVING A LEGAL OR EQUITABLE
INTEREST IN REAL PROPERTY LOCATED IN PRINCE GEORGE'S COUNTY.
(2) "DEVELOPMENT" MEANS ANY ACTIVITY, OTHER THAN NORMAL
AGRICULTURAL ACTIVITY, WHICH MATERIALLY AFFECTS THE EXISTING CONDITION
OR USE OF ANY LAND OR STRUCTURE.
(3) "DEVELOPMENT RIGHTS AND RESPONSIBILITIES AGREEMENT" OR
"AGREEMENT" MEANS AN AGREEMENT, NEGOTIATED AND EXECUTED BY THE
COUNTY EXECUTIVE OR THE COUNTY EXECUTIVE'S DESIGNEE, WITH THE APPROVAL
OF THE DISTRICT COUNCIL, FOR THE PURPOSE OF ESTABLISHING CONDITIONS FOR
ADVANCING SCHOOL CAPACITY.
(B) THIS SECTION APPLIES ONLY IN PRINCE GEORGE'S COUNTY.
(C) THE DISTRICT COUNCIL MAY:
(1) ESTABLISH PROCEDURES AND REQUIREMENTS FOR THE
CONSIDERATION AND EXECUTION OF DEVELOPMENT RIGHTS AND
RESPONSIBILITIES AGREEMENTS, INCLUDING PROVISIONS FOR NEGOTIATION AND
APPROVAL IN ACCORDANCE WITH THIS SECTION; AND
(2) APPROVE DEVELOPMENT RIGHTS AND RESPONSIBILITIES
AGREEMENTS NEGOTIATED BY THE COUNTY EXECUTIVE.
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- 3039 -
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