Section 7-103 – Scope of Authority
The authority granted under this subtitle is not intended to limit a local jurisdiction’s authority to: (1) exercise any planning and zoning powers not expressly authorized under this subtitle; or (2) adopt other methods to: (i) facilitate orderly development and growth; (ii) encourage the preservation of natural resources; or (iii) provide affordable housing.
Section 7-104 – Restriction in Priority Funding Area — Reports
(a) In this section, “restriction” means a restriction, moratorium, or capacity limitation imposed on development as a result of a local law enacted under this subtitle. (b) (1) If an adequate public facility law has resulted in a restriction within a priority funding area, on or before July 1 every 2 years, a local jurisdiction shall report on […]
Section 7-201 – Local Authority
A legislative body that exercises authority granted by this division may establish a program for the transfer of development rights to: (1) encourage the preservation of natural resources; and (2) facilitate orderly growth and development in the State in conjunction with programs for preservation of open space and agricultural land and other development management programs and techniques.
Section 7-202 – Priority Funding Areas
(a) In this section, “public facility” includes: (1) recreational facilities; (2) transportation facilities and transit–oriented development; and (3) schools and educational facilities. (b) A legislative body that exercises authority granted by this division may establish a program for the transfer of development rights within a priority funding area to assist a local jurisdiction in the acquisition of land for the […]
Section 7-302 – Powers
(a) Subject to §§ 7–303 through 7–305 of this subtitle, the local governing body of a local jurisdiction may: (1) by local law, establish procedures and requirements for the consideration and execution of agreements; and (2) delegate all or part of the authority established under the local law to a public principal within the jurisdiction of the local […]
Section 7-303 – Contents of Agreement
(a) A development rights and responsibilities agreement shall include: (1) a legal description of the real property subject to the agreement; (2) the names of the persons having a legal or equitable interest in the real property subject to the agreement; (3) the duration of the agreement; (4) the permissible uses of the real property; (5) the density or intensity of […]
Section 7-304 – Applicable Local Laws, Rules, Regulations, and Policies
(a) Except as provided in subsection (b) of this section, the local laws, rules, regulations, and policies governing the use, density, or intensity of the real property subject to an agreement shall be the local laws, rules, regulations, and policies in force at the time the parties execute the agreement. (b) If the local jurisdiction determines that […]
Section 7-305 – Procedures
(a) Before entering into an agreement, a person having a legal or equitable interest in real property or the person’s representative shall petition the public principal of the local jurisdiction in which the property is located. (b) (1) After receiving a petition and before entering into an agreement, the public principal shall conduct a public hearing. (2) A public […]
Section 7-306 – Limitations
This subtitle does not require the adoption of a local law by a local governing body or authorize a local governing body to require a party to enter into an agreement.
Section 7-401 – Affordable Housing
(a) To promote the creation of housing that is affordable by individuals and families with low or moderate incomes, a legislative body that exercises authority under this division may enact local laws: (1) imposing inclusionary zoning, and awarding density bonuses, to create affordable housing units; and (2) restricting the use, cost, and resale of housing that is created […]