§ 27-1810. Conditions on Development Applications.**

(a)

At the time of approval of development application permitted in this Subtitle, including but not limited to Detailed Site Plans in accordance with Section 27-281, the Planning Board shall include reasonable conditions to fulfill the requirements of this Part.

(b)

Where a Limited Detailed Site Plan or a Detailed Site Plan is approved for a property affected by the requirements of this section, permits may be issued for construction and use and occupancy if the Planning Board makes the following findings in its approval:

(1)

The property is not within the boundaries of the Clear Zone;

(2)

Proposed development shall not exceed the height of the Imaginary Surfaces;

(3)

Interior noise shall be attenuated to minimum safe levels for the proposed use;

(4)

Stormwater facilities and landscaping are designed to minimize the attraction of birds or other aircraft strike hazards;

(5)

No aboveground storage of flammable, explosive, or hazardous material is permitted; and.

(6)

Proposed structures are designed to minimize the number of people in the areas of highest accident potential or noise.

(c)

Plans submitted in accordance with this section shall include elements sufficient to make the findings required by the Planning Board.

(d)

An application received strictly to conform to the terms of this Part which otherwise would not require approval of a Detailed Site Plan shall require a Limited Detailed Site Plan that is submitted and reviewed in accordance with Section 27-286(a). Such a plan shall include only those elements necessary to address the findings of Section 27-1810(b), notwithstanding the provisions of Section 27-282.

(CB-3-2012)

Editor's note— Section 5 of CB-3-2012 provides that the provisions of this Section shall be abrogated and no longer effective twelve (12) months after its adoption, or December 6, 2013. Section 5 further provides that the Council may extend the time for abrogation up to six months. Accordingly, and by authority of the enactment of CB-47-2013, the Council extended the time for abrogation of the provisions of this Section until June 6, 2014.

The District Council, in adopting CR-70-2014, determined that an extension of the provisions of the Interim Land Use Control Ordinance enacted pursuant to Chapter No. 78, 2012 Laws of Prince George's County, Maryland, is necessary to allow sufficient time to address additional procedures needed to adopt the Military Installation Overlay Zone ("MIOZ") and MIOZ district plan. As such, CR-70-2014 extends the maximum time for abrogation of the Interim Land Use Control Ordinance until June 30, 2015.

The District Council enacted CB-43-2014 on September 9, 2014, an Ordinance to extend the maximum time for abrogation of the Interim Land Use Control Ordinance, upon determining that an extension of the provisions of the Interim Land Use Control Ordinance enacted pursuant to Chapter No. 78, 2012 Laws of Prince George's County, Maryland, is necessary to allow sufficient time to address additional procedures needed to adopt the Military Installation Overlay Zone ("MIOZ") and MIOZ district plan. Accordingly, this Ordinance extends the maximum time for abrogation of the Interim Land Use Control Ordinance until June 30, 2015.

**Pursuant to the adoption of CR-70-2014 by the District Council, the provisions of Part 18 of this Subtitle were abrogated and of no further force and effect after June 30, 2015. On November 10, 2015, the District Council enacted CB-42-2015, thereby setting forth procedures and requirements for the preparation and approval of a new Military Installation Overlay Zone in Prince George's County. CB-42-2015 took effect on November 10, 2015, in accordance with applicable procedural authority set forth in law. By way of its adoption of CR-5-2016, the District Council authorized the initiation and preparation of a Military Installation Overlay Zone in the County. Thereafter, on November 15, 2016, via the adoption of CR-97-2016, the Council approved, as an Act of the District Council, a new Military Installation Overlay ("M-I-O") Zoning Map Amendment for Prince George's County, including associated zoning proposal within the M-I-O Zone boundaries, which it composed of portions of Planning Areas 72, 75A, 76A, 76B, 77, 78, 81A, 82A, and 85A.