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PARRIS N. GLENDENING, Governor
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Ch. 389
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(VI) A DESCRIPTION OF ALL ANTICIPATED PERMITS REQUIRED OR
ALREADY APPROVED FOR THE DEVELOPMENT OF THE REAL PROPERTY;
(VII) PROVISIONS FOR THE CONSTRUCTION OR FINANCING OF
ADEQUATE PUBLIC FACILITIES FOR SCHOOLS;
(VIII) A STATEMENT THAT THE PROPOSED DEVELOPMENT IS
CONSISTENT WITH THE COMMISSION'S GENERAL PLAN AND ALL APPLICABLE
DEVELOPMENT LAWS AND REGULATIONS; AND
(IX) A DESCRIPTION OF THE CONDITIONS, TERMS, RESTRICTIONS,
OR OTHER REQUIREMENTS DETERMINED BY A PLANNING BOARD TO BE NECESSARY
TO ENSURE THE PUBLIC HEALTH, SAFETY, AND WELFARE OF ITS CITIZENS.
(2) AN AGREEMENT MAY:
(I) ESTABLISH THE TERMS BY WHICH AND A PERIOD OF TIME
DURING WHICH AN APPROVED DEVELOPMENT, OR INDIVIDUAL PHASES, MUST
COMMENCE AND BE COMPLETED; AND
(II) PROVIDE FOR OTHER MATTERS CONSISTENT WITH THIS
ARTICLE.
(I) UNLESS OTHERWISE PROVIDED WITHIN THE AGREEMENT OR EXTENDED
BY AMENDMENT UNDER SUBSECTION (K) OF THIS SECTION, AN AGREEMENT SHALL
CONTAIN A DEFINITE PERIOD OF DURATION THAT IS DETERMINED BY THE PARTIES,
NOT EXCEEDING 15 YEARS. ANY EXTENSION MUST BE APPROVED BY THE DISTRICT
COUNCIL.
(J) THE LAWS, RULES, REGULATIONS, AND POLICIES IN FORCE AT THE TIME
THE PARTIES EXECUTE THE AGREEMENT SHALL GOVERN THE USE, DENSITY, OR
INTENSITY OF THE REAL PROPERTY SUBJECT TO THE AGREEMENT UNLESS THE
LOCAL GOVERNING BODY DISTRICT COUNCIL OR STATE OR FEDERAL GOVERNMENT
DETERMINES THAT COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND POLICIES
ENACTED OR ADOPTED AFTER THE PARTIES EXECUTED THE AGREEMENT IS
ESSENTIAL TO ENSURE THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF
ALL OR PART OF THE JURISDICTION.
(K) THE PARTIES TO AN AGREEMENT MAY AMEND THE AGREEMENT BY
MUTUAL CONSENT IF THE DISTRICT COUNCIL:
(1) APPROVES ANY SUBSTANTIAL MODIFICATION; AND
(2) DETERMINES THAT THE PROPOSED AMENDMENT TO THE
AGREEMENT IS CONSISTENT WITH THE COMMISSION'S GENERAL PLAN.
(L) (1) THE PARTIES TO AN AGREEMENT MAY TERMINATE THE AGREEMENT
BY MUTUAL CONSENT.
(2) THE COUNTY EXECUTIVE MAY SUSPEND OR TERMINATE AN
AGREEMENT IF THE COUNTY EXECUTIVE DETERMINES THAT THE SUSPENSION OR
TERMINATION IS ESSENTIAL TO ENSURE THE PUBLIC HEALTH, SAFETY, OR
WELFARE.
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- 3041 -
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