§ 24-139. Procedures; referrals; hearing; declaration.

(a)

The Planning Board, when reviewing a preliminary plan, shall refer to the General Plan, master plans, or amendments and parts thereof, to determine the need for reserving for public use any of the land included in the preliminary plan. Reservations may be required for:

(1)

Highway, transit, or street rights-of-way;

(2)

Public building sites;

(3)

Parks (except park lands to be acquired under the provisions of the Act of Congress of the United States known as Public Law 284 of the 71st Congress, approved May 29, 1930, 46 Stat. 482, popularly known as the "Capper-Crampton Act," as amended by Public Law 699, 79th Congress, approved August 8, 1946), playgrounds, or other recreational areas; or

(4)

Other public purposes.

(b)

If a reservation appears desirable, the Planning Board shall refer the preliminary plan to the public agency concerned with acquisition for its consideration and report; and to the County Executive, County Council, and any municipality within which such property is located, for their comments. The Planning Board may propose alternate areas for such reservation and shall allow thirty (30) days for reply. The public agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be reserved, and an estimate of the time required to complete the acquisition.

(c)

Upon receipt of an affirmative report from a public agency, as provided in Subsection (b), the Planning Board shall notify the property owner, the County Executive and the County Council and, except as provided in Subsection (d), shall establish such reservation, with or without modifications, concurrently with the approval of the preliminary plan.

(d)

If the location of the proposed reservation is not reflected, or differs substantially from that shown, on the General Plan or master plan, the Planning Board shall hold a public hearing.

(1)

Notice of public hearing shall be given to the property owners, County Executive, and County Council, and shall be advertised in each County newspaper of record at least fifteen (15) days prior to the hearing date.

(2)

Hearings may also be held by the Planning Board in other reservation cases deemed appropriate, subject to the same conditions of notice set out in this Subsection.

(e)

Declaration of public reservation shall be by resolution of the Planning Board. Notice of the reservation shall be carried once in each of the County newspapers of record. Certified copies of the resolution shall be sent to the property owner(s), the County Executive, the County Council, and any municipality within which such property is located, and to the agency concerned with acquisition.

(f)

Final plats for the property shall be in strict conformity with the preliminary plan as to public reservation.

(g)

The Planning Board shall cause to be prepared a final plat of any land reserved for public use under the provisions of this Division, showing the survey location of the land, names and addresses of the owners, and any other information required for its proper indexing and for filing among the Land Records of Prince George's County. The final plat shall comply with all requirements for recording of plats among the Land Records of Prince George's County, and shall be duly recorded.

(CB-48-1981; CB-84-1986; CB-104-2012)