§ 27-179. Applications.

(a)

General.

(1)

An application for a Zoning Map Amendment to a Comprehensive Design Zone shall be filed with the Planning Board by the owner (or his authorized representative) of the property. The Planning Board may also accept an application for a Comprehensive Design Zone when either:

(A)

A single private owner (or authorized agent) applies for a Comprehensive Design Zone for several adjacent properties, with the written consent of all property owners involved, and evidence of the consent is filed with the application; or

(B)

A public planning or development agency, or Prince George's County, Maryland, applies for a Comprehensive Design Zone with the written consent of the owners of all properties involved, and evidence of the consent is filed with the application.

(2)

The District Council may suspend the filing of applications for up to one (1) year, if it determines that it is appropriate for any statutory zoning purpose.

(3)

No application shall be filed requesting more than one (1) zone.

(4)

All applications shall be on forms provided. All information shall be typed, except for signatures.

(5)

If two (2) or more pieces of property are included in one (1) application, they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated by a public right-of-way, stream bed, or the like.

(6)

The reclassification, through a Zoning Map Amendment, of property located partially or completely within the Safety Zones of the Military Installation Overlay Zone to a Comprehensive Design Zone is prohibited.

(b)

Contents of application form.

(1)

The following information shall be included on the application:

(A)

The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;

(B)

The existing and requested zoning classifications of the property;

(C)

The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;

(D)

The total area of the property (in either acres or square feet);

(E)

The property's lot and block numbers, subdivision name, and plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers;

(F)

The name, address, and signature of each owner of record of the property, except as provided for in Subsection (a), above. Applications for property owned by a corporation shall be signed by an officer empowered to act for the corporation; and

(G)

The name, address, and telephone number of the correspondent.

(c)

Other submission requirements.

(1)

Along with the application, the applicant shall submit the following:

(A)

Four (4) copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor. The plat shall show:

(i)

The present configuration of the property, including bearings and distances (in feet);

(ii)

The names of owners of record, or subdivision lot and block numbers, of adjoining properties;

(iii)

The name, location, distance to the center line, and present right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;

(iv)

The (subdivision) lot and block number of the subject property (if any);

(v)

A north arrow and scale (not smaller than one (1) inch equals four hundred (400) feet);

(vi)

The total area of the property (in either square feet or acres);

(vii)

The location of all existing buildings on the property;

(viii)

The subject property outlined in red; and

(ix)

If a designated Historic Site is located within the subject property, the boundaries of the established environmental setting shall be identified.

(B)

Four (4) copies of the appropriate Zoning Map page on which the property is plotted to scale and outlined in red;

(C)

Three (3) copies of a typewritten statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, and factual reasons showing why approval of the request will not be detrimental to the public health, safety and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;

(D)

A reproducible copy of a Basic Plan. The Basic Plan shall include the following, presented in a general, schematic manner:

(i)

Existing streams and their associated buffers; nontidal wetlands and their associated buffers; slopes greater or equal to fifteen percent (15%); and the one-hundred (100) year floodplain;

(ii)

The general types of land uses proposed (such as residential, commercial-retail, commercial-office, institutional, and industrial), the delineation of general development envelopes, and in the Village Zones, designation of the required land use areas;

(iii)

The range of dwelling unit densities and commercial or industrial intensities proposed;

(iv)

General vehicular and pedestrian circulation pattern and general location of major access points;

(v)

Areas not proposed to be developed with residential, commercial, institutional, or industrial uses;

(vi)

The relationship of the proposed development on the subject property to existing and planned development on surrounding properties; and

(vii)

A forest stand delineation prepared in conformance with Division 2 of Subtitle 25 and the Woodland and Wildlife Habitat Conservation Technical Manual.

(E)

Where the application requests the M-A-C, L-A-C, V-L, V-M, or E-I-A Zone, or is for rezoning of one hundred (100) or more acres to the R-L, R-S, R-M, or R-U Zone, the applicant shall submit an estimated construction schedule setting forth the following:

(i)

The proposed construction expected to occur within the first six (6) years after the Map Amendment is approved. Supporting evidence shall also be submitted which shows that the proposed construction will not exceed the capacity of existing public facilities, and public facilities scheduled for construction within the six (6) year period, to reasonably accommodate the development;

(ii)

The estimated construction which is proposed to occur beyond the first six (6) years. Supporting evidence shall be submitted which shows what additional public facilities (not scheduled for construction within the first six (6) years) will be necessary for the ultimate development of the project. The applicant shall evaluate the public facilities shown on the Adopted and Approved Master Plan or any Functional Master Plan for the area, for the full development of the area as recommended by the Plans, and shall take into consideration any known changes that have taken place in development since the Plans were approved. The applicant shall also consider the probability of public facilities being available within the first twenty (20) years after the requested zoning is approved, or the estimated completion date if less than twenty (20) years;

(F)

An economic analysis justifying any proposed retail sales area, except in the case of an application for the M-A-C Zone;

(G)

A statement listing the names, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the subject property;

(H)

If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;

(I)

If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds);

(J)

A list containing the names and addresses of all adjoining property owners and the owners of those properties directly across a street, alley, or stream, and each municipality if any part of the property in the application is located within the municipal boundaries, or is located within one (1) mile of the municipality, and a set of preaddressed envelopes or mailing labels.

(K)

Any other data or explanatory material deemed necessary by the District Council, Zoning Hearing Examiner, or Planning Board (submitted in triplicate).

(2)

For the purposes of (G), (H), and (I), above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(3)

If the applicant elects to submit a Comprehensive Design Plan or Specific Design Plan for concurrent consideration with the Basic Plan, the Plans shall be submitted in accordance with Part 8, Division 4.

(CB-120-1984; CB-107-1984; CB-33-1985; CB-75-1989; CB-120-1989; CB-128-1989; CB-84-1990; CB-53-1991; CB-71-1991; CB-95-1991; CB-47-1996; CB-28-2010; CB-34-2011; CB-42-2015)

Footnote 1: Does not apply to Comprehensive Design Zone applications filed before October 31, 1978. Prior to this date, an economic analysis, justifying any proposed retail sales areas for local, neighborhood, convenience, or community commercial centers, needed to be submitted.

Editor's note— Section 3 of CB-28-2010 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, and appeal periods have not expired as of September 1, 2010, is grandfathered; or a development project that has an approved preliminary plan of subdivision, but has not completed subsequent processes such as final plat or site plan as of September 1, 2010, is grandfathered for that portion of the project covered by the preliminary plan.

Section 3 of CB-34-2011 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, notwithstanding any appeal period, is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval; or a development project that has an approved preliminary plan of subdivision, notwithstanding any further development review requirements including record plats is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval for that portion of the project covered by the preliminary plan.