§ 27-546.06. Final Development Plan.

(a)

Filing.

(1)

The Final Development Plan may be filed with the Planning Board after the expiration of the appeal period following approval of the Comprehensive Sketch Plan, and must be filed concurrently with the preliminary plat of subdivision. The Final Development Plan may cover the entire area or any portion of the area included in the Comprehensive Sketch Plan.

(b)

Fees.

(1)

Upon filing a Final Development Plan, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application. The scale of fees shall be determined by the Planning Board. A reduction in the fee may be permitted by the Planning Board, if it finds that payment will be an undue hardship upon the applicant.

(c)

Contents of the Final Development Plan.

(1)

The Final Development Plan shall consist of:

(A)

A drawing or series of drawings, at an appropriate scale, of generally either one (1) inch equals two hundred (200) feet or one (1) inch equals one hundred (100) feet, setting forth the precise boundaries of the proposed land uses by courses and distances and the precise acreage of the proposed land uses;

(B)

Text material (criteria) which shall be substantially in the form approved by the Planning Board as part of the Comprehensive Sketch Plan;

(C)

The number of residential units proposed; and

(D)

Supporting evidence which shows whether the proposed development will exceed the capacity of transportation facilities that are existing, under construction, or for which one hundred percent (100%) of construction funds are allocated within the adopted County Capital Improvement Program or within the current State Consolidated Transportation Program.

(d)

Planning Board action.

(1)

The Planning Board shall hold a public hearing prior to the approval of a Final Development Plan.

(2)

Prior to approving a Final Development Plan, the Planning Board shall make the following findings:

(A)

The proposed plan generally conforms to the Comprehensive Sketch Plan;

(B)

The overall design, mix of uses, and other improvements reflect a cohesive development of continuing quality and stability, while allowing for effective integration of subsequent phases;

(C)

Transportation facilities (including streets and public transit), which are existing; which are under construction; or for which one hundred percent (100%) of the construction funds are allocated within the adopted County Capital Improvement Program, within the current State Consolidated Transportation Program, or will be otherwise provided, will be adequate to carry anticipated traffic.

(3)

An approved Final Development Plan shall remain valid indefinitely.

(e)

Appeal.

(1)

The Planning Board's decision on a Final Development Plan may be appealed to the District Council upon petition by any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice.

(2)

The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) calendar days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the Final Development Plan, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the Final Development Plan, and any additional information or explanatory material deemed appropriate.

(3)

The District Council shall schedule a public hearing on the appeal or review. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board. In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.

(4)

Within sixty (60) days after the close of the Council's hearing, the Council shall affirm, re verse, or modify the decision of the Planning Board, or return the Final Development Plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a Final Development Plan, it shall make the same findings that are required to be made by the Planning Board. If the Council fails to act within sixty (60) days, the Planning Board's decision is automatically affirmed.

(5)

The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.

(6)

Upon approval, the Final Development Plan shall be recorded among the Land Records of Prince George's County, and the provisions thereof as to land use shall bind the property covered thereby as provided herein with the full force and effect of specific Zoning Regulations. After such recordation, no new structure shall be built, no new addition to existing structures made, and no change in primary use effected different from that permitted in the Final Development Plan except by an amendment to the Final Development Plan.

(f)

Amendment of Final Development Plan.

(1)

An amendment may be requested by the original applicant or such other person or entity designated by the original applicant, and the proposed amendment shall be governed by all of the foregoing provisions relating to the approval of the Final Development Plan. Changes in accessory uses shall be allowed pursuant to applications for certificates of occupancy.

(2)

No amendment to a Final Development Plan shall affect any property subject to such Final Development Plan for which a building permit has been issued and upon which construction has commenced pursuant to the permit as of the effective date of such amendment. During the consideration of any such amendment, the Final Development Plan shall continue to be effective until amended in the manner described above.

(CB-63-1992; CB-47-1996; CB-99-1996; CB-13-1997; CB-1-2004; CB-42-2004)