County Commissioners - Public Hearings

PUBLIC HEARING - August 2, 2005

 

Code Home Rule Bill No. 4-2005


THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND


August 2, 2005
LEGISLATIVE SESSION DAY


CODE HOME RULE BILL NO. 4-2005


INTRODUCED BY: William W. Pickrum, President of the Board of County Commissioners for Kent County, Maryland, at the request of the Board of County Commissioners.

AN ACT to add new Chapter 19 of the Code of Public Local Laws of Kent County to establish procedures and requirements for the consideration and execution of development agreements pursuant to the authority granted in Section 13.01 of Article 66B of the Annotated Code of Maryland; providing that the title of this legislative bill shall be deemed a fair summary; and generally relating to the addition of Chapter 19 of the Code of Public Local Laws of Kent County.

This legislation was adopted on the 20th day of September 2005, however, the provisions of this Act shall take effect on the 4th day of November 2005.

This bill in its entirety is on file at the Commissioners’ Office and Planning Office, 400 High Street, Chestertown, Maryland, Monday through Friday, 8:30 a.m. to 4:30 p.m.

THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND


Janice F. Fletcher
Executive Assistant


PUBLISH: Kent County News
09/29/05 10/06/05 10/13/05


THE COUNTY COMMISSIONERS OF KENT COUNTY, MARYLAND

August 2, 2005 Legislative Session Day
Legislative Session Day August 2, 2005

BILL NO. 4 - 2005

DEVELOPMENT RIGHTS AND RESPONSIBILITIES AGREEMENTS

INTRODUCED BY: WILLIAM W. PICKRUM, PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF KENT COUNTY, MARYLAND AT THE REQUEST OF THE BOARD OF COUNTY COMMISSIONERS.

AN ACT to add new Chapter 19 of the Code of Public Local Laws of Kent County to establish procedures and requirements for the consideration and execution of development agreements pursuant to the authority granted in Section 13.01 of Article 66B of the Annotated Code of Maryland; providing that the title of this legislative bill shall be deemed a fair summary; and generally relating to the addition of Chapter 19 of the Code of Public Local Laws of Kent County.

THE COUNTY COMMISSIONERS FOR KENT COUNTY

By:__________________________________________________
William W. Pickrum, President


INTRODUCED, read first time, ______________________. 2005, ordered posted

and public hearing scheduled on the _________day of _____________________, 2005,

at _____:_____ ___.m. in the County Commissioners Hearing Room, County

Government Center, 400 High Street, Chestertown, Maryland.

By Order Of

____________________________________________
Janice F. Fletcher
Executive Assistant.


PUBLIC HEARING

HAVING been posted and notice of time and place of hearing and copies having been made available to the public and the press, a public hearing was held on ____________________, 2005, and concluded on _______________________, 2005. Reported favorably [with] [without] amendments, read second time and ordered to be considered on __________________________, 2005, a legislative session day.



______________________________________
Janice F. Fletcher
Executive Assistant

A BILL ENTITLED

AN ACT TO ADD NEW CHAPTER 19 OF THE CODE OF PUBLIC LOCAL LAWS OF KENT COUNTY, TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR THE CONSIDERATION AND EXECUTION OF DEVELOPMENT AGREEMENTS PURSUANT TO THE AUTHORITY GRANTED IN SECTION 13.01 OF ARTICLE 66B OF THE ANNOTATED CODE OF MARYLAND;; PROVIDING THAT THE TITLE OF THIS LEGISLATIVE BILL SHALL BE DEEMED A FAIR SUMMARY; AND GENERALLY RELATING TO THE ADDITION OF CHAPTER 14 OF THE CODE OF PUBLIC LOCAL LAWS OF KENT COUNTY.


SECTION 1. BE IT ENACTED by the County Commissioners of Kent County that a new Chapter 19, “Development Rights and Responsibilities Agreements,” is hereby added to the Code of Public Local Laws of Kent County (1994 Edition), Part II, General Legislation, as follows:

Section 1 – Authority
The Board hereby retains the authority granted by Section 13.01 of Article 66B of the Annotated Code of Maryland to enter into development rights and responsibility agreements pursuant to certain subsections of the aforementioned statute.

Section 2 – Petition
Any person having a legal or equitable interest in real property or the person’s representative may petition the Board to enter into a development agreement. At a minimum, the petition shall contain the following: (a) a legal description of the real property; (b) a certification that the petitioner has either a legal or equitable interest in the real property; (c) the names and addresses of all parties having an equitable or legal interest in the real property, including, but not limited to, all owners, contract purchasers, and lienholders; (d) the location, land area, and zoning classification of the real property; (e) the utilities serving the real property; (f) the potential economic impact of the development on Kent County; (g) the proposed commitments of Kent County; and (h) the time length of the proposed agreement.

Section 3 – Referral to Planning Commission
Before any agreement between the Board and the petitioner may become effective, the proposed agreement shall be referred to the Kent County Planning Commission. The Kent County Planning Commission shall review the proposed agreement and determine whether the proposed agreement is consistent with the Kent County Comprehensive Plan, and if applicable, with any Master Plans, including any Water and Sewer Master Plans, for the location of the property, and shall promptly advise the Board of its findings. After being advised by the Planning Commission, the Board may deny the petition, refer the petition to staff for recommendations, or direct staff to negotiate an agreement pursuant to instructions provided by the Board. If the proposed agreement concerns commercial or industrial development, the proposal shall be referred to the Director of the County Office of Economic Development for review, comment, and recommendation.

Section 4 - Public Hearing
Before an agreement may be executed by the Board, the Board shall hold a public hearing on the agreement. Notice of the hearing shall be published in a newspaper of general circulation in the County once a week for two consecutive weeks, with the first such publication of notice appearing at least fourteen (14) days prior to the hearing. The notice shall contain the name of the petitioner, a brief description sufficient to identify the property involved, a fair summary of the contents of the petition, and the date, time, and place of the public hearing. The costs of advertising the notice in the newspaper shall be prepaid by the petitioner.

Section 5 – Action by Board
After the public hearing, the Board may decline to enter into the proposed agreement, may enter into the agreement as advertised, or may enter into the agreement with such amendments as the Board may deem desirable.

Section 6- Contents of the Agreement
If the Board elects to enter into a development agreement, the agreement may provide for such items including but not limited to the dedication of a portion of the property for public use; the protection of sensitive areas; traffic management; the preservation and restoration of historic structures; the construction and/or financing of public facilities; water and sewer allocations; streets and roads, the payment of developer exaction, impact fees and other fees; the time frames and terms for development and construction on the property; sureties; and any other requirements determined by the Board to be necessary to ensure the public health, safety, or welfare. The agreement shall conform to the requirements of Section 13.01 (f) (1) of Article 66B of the Annotated Code of Maryland, and may provide for those additional matters set forth in Section 13.01 (f) (2) of the aforementioned Article, and shall be subject to the time limitations set forth in Section 13.01 (g) of the aforementioned Article, unless otherwise established in the agreement as permitted under the said subsection (g).





Section 7 – Amendment of Agreement
After a public hearing, the parties to an agreement may amend the agreement by mutual consent, provided that the Planning Commission shall determine that the proposed amendment is consistent with the County’s Comprehensive Plan.

Section 8 - Termination of Agreement
The parties to an agreement may terminate the agreement by mutual consent, or may terminate or suspend the agreement in accordance with Section 13.01 (i) (2) of Article 66B of the Annotated Code of Maryland.

Section 9 – Recordation
The agreement shall be recorded in the Land Records of the clerk of the Circuit Court for Kent County, Maryland within twenty (20) days following its execution.

Section 10 – Fees and Expenses
The petition shall be accompanied by such fees as may be established or modified by resolution by the Board. The petitioner shall be responsible for payment in advance of all advertising and recording expenses incurred in connection with an agreement.

Section 11 – Appeals
A person or persons aggrieved by the decision of the Board to enter into an agreement, may, jointly or severally, appeal the decision to the Circuit Court of Kent County, Maryland. The Appeal shall be taken in accordance with Title 7, Chapter 200 of the Maryland Rules of Procedure.

SECTION 2. BE IT FURTHER ENACTED this Act shall take effect on the ______
day of _____________________, 2005.

Read Third Time_________________________________

PASSED this _____ day of ___________________, 2005.

Failed of passage_________________________________

ORDERED a fair summary thereof of the entire bill shall be published in at least one newspaper of general circulation in the County, not less than three times at weekly intervals within a four week period.




By Order Of:


____________________________________
Janice F. Fletcher
Executive Assistant


BOARD OF COUNTY COMMISSIONERS OF
KENT COUNTY, MARYLAND

________________________________________
William W. Pickrum, President


________________________________________
Roy W. Crow, Member


________________________________________
Scott D. Livie, Member


Please contact the County Commissioner's Office at (410) 778-4600 or by e-mail with any questions or comments.