§ 27-197. Amendment of approved Basic Plan.

(a)

(1)

If an amendment of an approved Basic Plan involves a change in land area or an increase in land use density or intensity for the overall area included in the approved Basic Plan, the Plan shall be amended only in accordance with all the provisions of this Subdivision which apply to the initial approval of the Basic Plan by Zoning Map Amendment application, except as provided in this Section.

(2)

If an amendment to a Basic Plan involves adding new land to the Basic Plan and there is no increase in the number of dwelling units from that previously approved, any determinations or conditions of the approved Basic Plan regarding adequate public facilities or Moderately Priced Dwelling Units shall not be subject to another review.

(3)

If an amendment to a Basic Plan involves adding new land to the Basic Plan and there is no increase in the number of dwelling units from that previously approved, part or all of the previously approved number of dwelling units may be placed on the new land, if the density on the new land is no greater than that shown on the approved Basic Plan, without being limited by the base or maximum densities for the zone.

(4)

Until December 31, 2002, the Planning Director may approve administratively, as a minor amendment, an amendment to an approved Basic Plan for property zoned M-A-C which:

(A)

Adds abutting property to the land covered by the Basic Plan, but does not increase total land area by more than five percent (5%) or five (5) acres, whichever is less, or changes the designated use from Office to Hotel;

(B)

Creates a more logical and orderly configuration of the land area in the approved Basic Plan; and

(C)

Does not increase the number of dwelling units or the square footage shown on the approved Basic Plan.

(5)

Until June 30, 2003, the Planning Director may approve administratively, as a minor amendment, an amendment to an approved Basic Plan for property zoned R-L or R-S which:

(A)

Deletes property from the land covered by the Basic Plan, by condemnation or threat of condemnation, but does not decrease total land area by more than twenty-five percent (25%) or sixty acres, whichever is greater.

(B)

Creates a more logical and orderly configuration of the land area in the approved Basic Plan; and

(C)

Does not increase the number of dwelling units or the square footage shown on the approved Basic Plan.

(6)

If the Planning Director approves a minor amendment to an approved Basic Plan under Subsection (a)(4) or (a)(5), the owner shall submit, and the Planning Director may approve, amendments to approved Comprehensive Design Plans and Specific Design Plans, to bring them into conformance with the approved Basic Plan amendment. All existing conditions shall apply to the new Basic Plan area, excluding the deleted land area described in Subsection (a)(5).

(7)

An amendment to a Basic Plan for a Golf Course Conference/Hotel Complex may be approved by the Planning Board in accordance with Sections 27-525, 27-526, 27-527.01 and the site shall be posted with a sign or signs at least fifteen (15) days prior to the hearing. A final action by the Planning Board may be appealed within thirty (30) days after the action is taken by any party of record who is aggrieved by the action to the Circuit Court pursuant to the Maryland Rules of Procedure governing appeals of administrative decisions. A minor revision to the approved Comprehensive Design Plan to bring it into conformance with the approved Basic Plan amendment may be approved concurrently.

(8)

If an amendment to an approved Basic Plan, or a portion thereof, is for the purpose of including a Planned Environmental Preservation Community, the Plan may be amended in accordance with the requirements of Subsection (c), below.

(b)

An amendment of an approved Basic Plan which results in dividing a single approved Basic Plan into two (2) or more separate Basic Plans may be approved by the District Council where significant changes in circumstances with regard to the approved Basic Plan have created practical difficulties for the applicant to the extent that, unless the Basic Plan is amended to separate a specified amount of land area, the applicant will be unable to proceed to the Comprehensive Design Plan phase. An amendment will not be granted where the practical difficulty is self-created or self-imposed, or where the applicant had knowledge of, and control over, the changing circumstances and the problems bringing about the practical difficulty at the time the Basic Plan was approved. The following procedures shall apply to consideration of any such amendment in lieu of the requirements of Subsection (c), below:

(1)

The applicant shall file the request in triplicate with the Clerk of the Council. The petition shall be accompanied by a new reproducible copy of the proposed new Basic Plan graphic showing how the Basic Plan is to be divided and any other proposed revisions, three (3) copies of the proposed new Basic Plan Text if any, and the names and addresses of the current owners of the property separated by the proposed amendment. The Clerk's office shall advise the applicant in writing that the Technical Staff has found that the request is complete.

(2)

The Clerk of the Council shall refer copies of the request and accompanying documents to the Planning Board and to the People's Zoning Counsel. The Planning Board and the People's Zoning Counsel shall submit any comments which they have on the request to the District Council, the Zoning Hearing Examiner, the petitioner, and all persons of record in the original Zoning Map Amendment application. The comments shall be submitted not later than sixty (60) days after the date the petition is referred, unless such deadline is waived in writing by the applicant.

(3)

Within one hundred twenty (120) days after referral of the petition to the Planning Board and People's Zoning Counsel, the Zoning Hearing Examiner shall conduct a public hearing on the petition. The hearing shall be held in accordance with Section 27-129. The hearing shall not be held until after the sixty (60) day review period has expired, unless both the Planning Board and People's Zoning Counsel have submitted their comments.

(4)

In approving the petition, the applicant shall establish, and the District Council shall find, that:

(A)

The approval of the amended Basic Plan will not result in a change in land area, or an increase in land use density or intensity, for the overall area included in the original, approved Basic Plan;

(B)

The approval of the amended Basic Plan will not significantly impair the character of the original, approved Basic Plan with respect to land uses, density ranges, unit types, circulation, accessibility, public facilities, public benefit features, and open space;

(C)

The proposed amended Basic Plan conforms to the requirements of Section 27-195(b);

(D)

The separate Basic Plans that result will be capable of standing by themselves as individual, cohesive developments;

(E)

Any staging of development that was required in the approval of the original Basic Plan, and that is still appropriate, is included as part of the amended Basic Plan; and

(F)

No owner of any land which is included in the original, approved Basic Plan will, by the approval of the proposed amended Basic Plan, be denied reasonable use of his property.

(5)

Within thirty (30) days from the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council, unless such deadline is waived in writing by the applicant.

(6)

Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.

(7)

Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(8)

If the Council does not act within forty-five (45) days of the filing of the written recommendation, the petition shall be considered to have been denied.

(c)

If an amendment of an approved Basic Plan does not involve a change in land area or an increase in land use density or intensity, or is for the purpose of adding a Planned Environmental Preservation Community, the Plan may be amended by the Council in accordance with the following procedures:

(1)

The applicant shall file the request (in triplicate) with the Clerk of the Council. The petition shall be accompanied by a new reproducible copy of the proposed new Basic Plan (graphic only) or three (3) copies of the proposed new Basic Plan Text (as necessary depending on the amendment proposed). The Clerk's office shall advise the applicant (in writing) that the Technical Staff has found that the request is complete. If an amendment to an approved Basic Plan is proposed for the purpose of adding a Planned Environmental Preservation Community, the applicant must hold a meeting to solicit public comment on the Plan for the purpose of incorporating comments concerning use, design, and density, to the extent possible, into the Plan. The applicant shall send by certified mail notice of the date, time, place and subject matter of the meeting to all adjoining property owners, including owners whose properties lie directly across a street, alley, or stream, to all persons of record in the original application, and to every municipality located within one (1) mile of the applicant's property. Evidence that the applicant has complied with this requirement shall be provided prior to the acceptance of the applicant's petition by the Clerk of the Council.

(2)

The Clerk of the Council shall refer copies of the request and accompanying documents to the Planning Board and to the People's Zoning Counsel. The Planning Board and the People's Zoning Counsel shall submit any comments which they have on the request to the Council, the Zoning Hearing Examiner, the petitioner, and all persons of record in the original Zoning Map Amendment application. The comments shall be submitted not later than sixty (60) days after the date the Clerk refers the petition to them, unless such deadline is waived in writing by the applicant.

(3)

Within one hundred twenty (120) days after referral of the petition to the Planning Board and People's Zoning Counsel, the Zoning Hearing Examiner shall conduct a public hearing on the petition. The hearing shall be held in accordance with Section 27-129. The hearing shall not be held until after the sixty (60) day review period has expired, unless both the Planning Board and People's Zoning Counsel have submitted their comments.

(4)

Within thirty (30) days from the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council, unless such deadline is waived in writing by the applicant.

(5)

Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.

(6)

Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(7)

In approving the petition, the District Council shall find that the requirements of Section 27-195(b) have been met. If the Council does not act within forty-five (45) days of the filing of the written recommendation, the petition shall be considered to have been denied.

(CB-31-1986; CB-84-1990; CB-56-1993; CB-100-1993; CB-47-1996; CB-20-2001; CB-61-2001; CB-23-2002; CB-36-2002; CB-45-2002; CB-1-2004; CB-16-2004)