§ 27-644. Preliminary plan.

(a)

Preparation by Planning Board.

(1)

Within one (1) month following initiation, the District Council shall review the project description and recommended goals, concepts, guidelines, and the public participation program, and (after approval) direct the Planning Board to prepare a preliminary plan. The Planning Board shall coordinate its efforts with appropriate Federal, State, County, and municipal agencies whose activities may affect the planning process in the area. In addition, the preliminary plan shall be referred to the Prince George's County Health Department to collaborate with planning staff for a health impact assessment review identifying the potential effects on the health of the population, and the distribution of those effects within the population, as well as recommendations for design components to increase positive health outcomes and minimize adverse health outcomes on the community.

(2)

The Planning Board shall grant permission to print the preliminary plan not more than eight (8) months after the District Council directs its preparation.

(3)

If issues arise during the preparation of the preliminary plan which the Planning Board believes sufficient analysis would result in an extension beyond the eight (8) months preparation time, the issues shall be brought to the attention of the District Council. If the District Council concurs, they shall grant an appropriate amount of time to perform the additional analysis.

(b)

Public hearing.

(1)

Requirement.

(A)

The District Council and the Planning Board shall conduct at least one (1) joint public hearing on the published preliminary plan and, if included, the proposed Sectional Map Amendment prepared pursuant to the provisions of Section 27-225.01.05 within ninety (90) days from the date permission to print is granted.

(2)

Notice.

(A)

The Planning Board shall publish notice of the hearing on the preliminary plan at least thirty (30) days prior to the hearing at least once in the County's newspapers of record. Notice of a hearing on proposed amendments to the adopted plan per Section 27-646(a)(2) shall be published at least fifteen (15) days prior to the hearing in the County newspapers of record.

(B)

The notice shall contain:

(i)

The date, time, and place of the hearing;

(ii)

The area of the County affected;

(iii)

The subject matter of the hearing;

(iv)

The procedures to be followed during the hearing; and

(v)

The time during which the hearing record will remain open following the joint public hearing shall be:

(aa)

At least fifteen (15) days for the hearing on the preliminary plan and, if included, the proposed Sectional Map Amendment, or

(bb)

The time determined by the District Council for the hearing on proposed amendments to the adopted plan and, if included, the endorsed Sectional Map Amendment.

(C)

The Planning Board shall also obtain from the Office of Assessments and Taxation a listing of the owners of land within the boundaries of the preliminary plan, and shall arrange to have written notice of the hearing mailed to all listed property owners. This notice shall provide owners with information, such as the boundaries of the area involved, the time and place of the hearing, and how to obtain additional information, and shall invite them to comment on the plan. The notice shall also include a statement advising that either after approval of the plan by the District Council, a Sectional Map Amendment for the area could result in rezoning, which could affect property values and property taxes; or a Sectional Map Amendment for the area will be approved concurrently with the approval of the plan by the District Council, which could result in rezoning of the property and could affect property values and property taxes. The purpose of this mailing is for informational purposes only. The failure of the Planning Board to send, or the property owner to receive, the notice shall not invalidate the adoption or approval of the plan.

(D)

The Planning Board shall send a specific notice by first class mail to all owners of land for which a change in zoning is proposed in the Sectional Map Amendment element of a master plan or, if included, a Sectional Map Amendment. This notice shall inform the property owner that a zoning change has been proposed for their property and provide information regarding the date, time, and place of the public hearing on the proposal. This mailing is for informational purposes only. The failure of the Planning Board to send, or the property owner to receive, the mailing shall not invalidate the approval of the Sectional Map Amendment.

(3)

Referral.

(A)

At least thirty (30) days prior to the public hearing, a copy of the preliminary plan shall be transmitted to the County Executive and each municipality whose territorial boundaries are within or abut the area affected by the plan. At the same time, the preliminary plan shall be made available for public distribution. If the preliminary plan includes a proposed Sectional Map Amendment prepared pursuant to the provisions of Section 27-225.01.05, it shall be transmitted to the County Executive and to each municipality located within the area of the proposed Sectional Map Amendment or within one-half (1/2) mile of that area. The County Executive and those municipalities shall be advised to refer their comments on the proposed Sectional Map Amendment to the Planning Board and the District Council at the scheduled joint public hearing.

(B)

The municipalities shall be invited to testify at the public hearing and to submit written comments on the plan and, if included, the proposed Sectional Map Amendment, prior to or during the public hearing.

(C)

The County Executive shall be encouraged to present his comments in writing prior to the date of the public hearing, so that the public may have the opportunity to review and testify on the Executive's comments at the public hearing. The Executive's comments shall (at least) address the preliminary plan's consistency with County goals and policies concerning land use, the environment, economic development, and fiscal and growth management; and the effect of the preliminary plan on the County Capital Improvement Program, Comprehensive Ten-Year Water and Sewerage Plan, and transportation programs of the region and State. The failure of the County Executive to submit comments or recommendation prior to the close of the public hearing record shall be presumed to indicate no objection.

(4)

Record evidence.

(A)

The testimony received at the public hearing shall be made a part of the record. Exhibits introduced at any time prior to the close of the record shall be identified sequentially and maintained as part of the record.

(B)

After the close of the record, the Planning Board may permit the inclusion of additional evidence in the record, upon motion and majority vote of the members present at any meeting or work session on the plan. New evidence permitted to be presented orally at any meeting or work session shall not be considered as a part of the record unless summarized in writing by the speaker and submitted for the record within the period of time specified by the Planning Board.

(CB-36-1984 CB-33-1985; CB-68-1989; CB-33-1992; CB-109-1993; CB-87-1995; CB-8-2000; CB-39-2005; CB-76-2006; CB-41-2011)