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 […]
Section 7-101 – Local Authority
To encourage the preservation of natural resources or the provision of affordable housing and to facilitate orderly development and growth, a local jurisdiction that exercises authority granted by this division may enact, and is encouraged to enact, local laws providing for or requiring: (1) the planning, staging, or provision of adequate public facilities and affordable housing; […]
Section 7-102 – Transfer of Real Property
Notwithstanding any other provision of law, a legislative body that exercises authority granted by this division may enact local laws providing for the transfer, with or without consideration, of real property belonging to the local jurisdiction to a public or private entity, to use in developing or preserving affordable housing.
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 […]