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2007 Laws of Maryland
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Ch. 428
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regulation or amendment, it shall be returned to the council with the reasons for the
disapproval stated in writing. The council, by the affirmative vote of 6 members, may
enact the regulation or amendment over the disapproval of the County Executive.
Failure of the County Executive to act within 10 days constitutes approval of the
regulation or amendment. The regulations may provide for (1) the harmonious
development of the district; (2) the coordination of roads within the subdivision with
other existing planned or platted roads or with other features of the district or with
the Commission's general plan or with any road plan adopted or approved by the
Commission as part of the Commission's general plan; (3) adequate open spaces for
traffic, recreation, light, and air, by dedication or otherwise, and the dedication to
public use or conveyance of areas designated for dedication under the provisions of the
zoning and subdivision regulations and for the payment of a monetary fee, in lieu of
dedication, [not to exceed 5 percent of the total new market value of the land, as
stated on the final assessment notice issued by the State Department of Assessments
and Taxation, that is the subject of an approved preliminary plan of subdivision]
BASED ON THE CURRENT MARKET VALUE OF THE LAND AFTER THE LAND IS
APPROVED FOR DEVELOPMENT to be used by the Commission to purchase open
spaces for the use and benefit of the subdivision in cases where dedication would be
impractical, provided that when, in the judgment of the Commission, suitable land is
not available for acquisition to serve the subdivision from which a fee has been
exacted, or if adequate open space has heretofore been acquired and is available to
serve the subdivision, then the Commission may use the fee collected in lieu of
dedication to develop or otherwise improve land or recreational facilities that will
assist in supplying the overall recreational needs of the subdivision, and further
provided that if the subdivision is in a municipality in Prince George's County that is
not within the metropolitan district but is within the regional district and when
requested by the municipality the mandatory fee in lieu of dedication received by the
Commission shall be paid to and used by the municipality either to purchase open
space for the use and benefit of the subdivision or to develop or otherwise improve land
or recreational facilities that will assist in supplying the overall recreational and open
space needs of the subdivision; (4) the reservation of lands for schools and other public
buildings and for parks, playgrounds, highways, roads, mass transit facilities,
including busways and light rail facilities, and other public purposes, provided no
reservation of land for traffic, recreation or any other public purposes as herein
provided shall continue for longer than three years without the written approval of all
persons holding or otherwise owning any legal or equitable interest in the property;
and provided further that the properties reserved for public use shall be exempt from
all State, county, and local taxes during the period; (5) the conservation of or
production of adequate transportation, water drainage and sanitary facilities; (6) the
preservation of the location of and the volume and flow of water in and other
characteristics of natural streams and other waterways, including the establishment
of a stormwater management program in Montgomery County which would allow the
county to accept monetary contributions, the granting of an easement, or the
dedication of land; (7) the avoidance of population congestion; (8) the avoidance of
scattered or premature subdivision of land as would involve danger or injury to health,
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- 2570 -
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