Section 24-311 – Enforcement
(a) Unless terminated under § 24–309 of this subtitle, an agreement may be enforced by the parties to the agreement or their successors in interest using all remedies available by law. (b) No right to an administrative appeal arises from the negotiation or enforcement of an agreement.
Section 24-302 – Construction of Subtitle
This subtitle does not: (1) require the district council to adopt a local law; or (2) authorize the district council, the Commission, or a designee of either unit to require a party to enter into an agreement.
Section 24-303 – Implementing Local Laws
(a) In accordance with this section, the district council may adopt local laws that establish procedures and requirements for the execution of agreements. (b) A local law adopted under this section by the district council shall authorize the county planning board to: (1) if approved by the district council or County Executive, execute agreements affecting real property in […]
Section 24-304 – Request to Negotiate and Execute
(a) (1) Before entering into an agreement, a person having a legal or equitable interest in real property, or the person’s representative, shall request that the county planning board consider negotiating and executing an agreement. (2) A request under paragraph (1) of this subsection shall be made as part of a regulatory plan authorized by this division. (b) Except […]
Section 24-305 – Content
(a) An agreement shall include: (1) a legal description of the real property subject to the agreement; (2) the names of all persons having a legal or equitable interest in the property; (3) the duration of the agreement; (4) the permissible uses of the real property; (5) the permissible density or intensity of use of the real property; (6) the maximum height […]
Section 24-306 – Term
(a) Except as otherwise provided in the agreement under § 24–305(a)(3) of this subtitle or extended by amendment under subsection (b) of this section and § 24–308 of this subtitle, an agreement is void 5 years after execution by the parties. (b) If approved by the district council or County Executive, as appropriate, the term of an […]
Section 24-307 – Actions Authorized During Term
During the term of an agreement: (1) development may occur in accordance with the law and regulations governing the use, density, or intensity of the real property: (i) enacted by the district council and administered by the county planning board or county; and (ii) if applicable, enacted by a reviewing entity and in effect when the project was […]
Section 24-308 – Amendment
(a) Except as provided in subsection (b) of this section, the parties to an agreement may amend the agreement by mutual consent. (b) (1) The parties to an agreement may not amend the agreement unless: (i) there has been a public hearing on the proposed amendment; and (ii) the district council or County Executive, as appropriate, approves any substantial amendment. […]
Section 24-309 – Termination
(a) The parties to an agreement may terminate the agreement by mutual consent. (b) (1) Except as provided under paragraph (2) of this subsection, if the county planning board determines that suspension or termination of an agreement is essential to ensure the public health, safety, or welfare, the county planning board may suspend or terminate the agreement. (2) The […]
Section 24-310 – Recordation
(a) (1) An agreement shall be recorded in the land records of Montgomery County. (2) If an agreement is not recorded as required under paragraph (1) of this subsection within 20 days after its execution by all parties, the agreement is void. (b) When an agreement is recorded under subsection (a) of this section, the parties to the agreement […]