§ 27-646. Approval by District Council.

(a)

Public hearing.

(1)

Within two (2) months following receipt of the adopted plan and, if included, a Sectional Map Amendment, endorsed by the Planning Board, the District Council shall decide whether to conduct an additional joint public hearing with the Planning Board on the adopted plan and, if included, the Sectional Map Amendment.

(2)

If the District Council considers amendments to the adopted plan that are not based on the record or that constitute amendments as stated in Section 27-226(c), then at least one (1) additional joint public hearing shall be held with the Planning Board on the amendments. Amendments proposed only to retain the existing zoning of property may be approved by the Council without holding an additional public hearing.

(3)

All proposed amendments shall be referred to the Planning Board for its written comments, which shall be submitted to the Council prior to its action on the amendments.

(4)

If an additional joint public hearing is held on an adopted plan and, if included, a Sectional Map Amendment, notice of the hearing shall be given by the Clerk of the Council in the same manner as that prescribed for a preliminary plan (Section 27-644(b)(2)). All property owners, affected municipalities, and the County Executive shall be invited to submit comments in the same manner as prescribed for the preliminary plan (Section 27-644(b)(3)). The failure of the County Executive to present comments or recommendations prior to the close of the public hearing record shall be presumed to indicate no objections to the amendments. The Planning Board shall make copies of the adopted plan available for the public hearing.

(b)

Record evidence.

(1)

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

(2)

After the close of the record, the District Council 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. Any 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 District Council.

(c)

District Council action.

(1)

Within two (2) months following receipt of the adopted plan or, if there is an additional joint public hearing, within three (3) months of the decision to hold an additional joint public hearing, the District Council shall:

(A)

Approve the adopted plan and, if included, the Sectional Map Amendment as submitted by the Planning Board;

(B)

Approve the adopted plan with changes, revisions or amendments based upon the record and, if included, the Sectional Map Amendment with changes, revisions or amendments as defined by Section 27-226(c) (this approval shall not require readoption by the Planning Board); or

(C)

Disapprove the adopted plan and, if included, the Sectional Map Amendment.

(2)

If the District Council disapproves the adopted plan and, if included, the Sectional Map Amendment, it shall be returned to the Planning Board for further consideration. The specific reasons for the disapproval shall also be sent to the Planning Board. The Planning Board shall reconsider the adopted plan and, if included, the Sectional Map Amendment and resubmit them for consideration by the Council in accordance with the procedures of Sections 27-644(b) through 27-646, above.

(3)

The failure of the District Council to take action on the adopted plan and, if included, the Sectional Map Amendment, within two (2) months following receipt of the adopted plan or, if there is an additional joint public hearing within three (3) months of the decision to hold an additional joint public hearing, shall constitute disapproval of the adopted plan and, if included, the Sectional Map Amendment.

(4)

The approval of a new or amended plan and, if included, the Sectional Map Amendment shall be by a majority vote of the full Council. All approved Master Plans shall contain an estimate of the cost of all public facilities which must be acquired and constructed in order to carry out the objectives and requirements of the Plan.

(d)

Building permits.

(1)

Upon approval of an Area Master Plan that includes a Zoning Proposal prepared pursuant to the provisions of Section 27-225.01 or a Sectional Map Amendment prepared pursuant to the provisions of Section 27-225.01.05, building permit application recommendations by the Planning Board and issuance of building permits by the Department of Permitting, Inspections, and Enforcement within the subject planning area(s) shall be postponed in accordance with the provisions of Section 27-225.02, when the lot or parcel on which construction is proposed:

(A)

Is currently in a Commercial or Industrial Zone;

(B)

Was proposed by the Planning Board for a less intense zone in which the proposed use is not permitted;

(C)

Is not developed; and

(D)

Has been in the same zone for more than ten (10) years.

(2)

This Subsection shall not apply to a lot or parcel of land for which a grading permit has been issued by Prince George's County, sediment and erosion control devices have been installed by the permittee, and site grading activities have been initiated by the permittee.

(e)

Notice of Final Action.

(1)

Notice of the District Council's final action on a Sectional Map Amendment prepared according to the provisions of Section 27-225.01.05. shall be sent to all property owners in accordance with the requirements and procedures of Section 27-225(e)(2) and (3).

(CB-36-1984; CB-33-1985; CB-68-1989; CB-51-1990; CB-33-1992; CB-109-1993; CB-122-1993; CB-7-1998; CB-79-2000; CB-39-2005; CB-76-2006; CB-29-2014)