§ 27-280. Appeal of Planning Board's decision.

(a)

The Planning Board's decision on a Conceptual Site Plan or amendment of the Development District Standards for an approved Development District Overlay Zone may be appealed to the District Council upon petition by any person of record. The petition shall specify the error which is claimed to have been committed by the Planning Board and shall also specify those portions of the record relied upon to support the error alleged. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice.

(b)

The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) calendar days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the Conceptual Site Plan, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the Plan, and any additional information or explanatory material deemed appropriate.

(c)

The District Council shall schedule a public hearing on the appeal or review.

(d)

Within sixty (60) days after the date the appeal petition is filed or the Council elects to review the Conceptual Site Plan, the Council shall affirm, reverse, or modify the decision of the Planning Board, or remand the Conceptual Site Plan one time to the Planning Board to take further testimony or reconsider its decision in accordance with specified grounds stated in the Order of Remand adopted by the Council. Where the Council approves a Conceptual Site Plan, it shall make the same findings which are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed.

(e)

The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to the all persons of record, and the Planning Board.

(f)

Where the Planning Board determines that it cannot comply with the prescriptions of an Order of Remand adopted by the District Council pursuant to this Section, the Planning Board's findings as to the reasons for its action, and its decision on the Plan shall be embodied in a resolution adopted at a regularly scheduled public meeting. The Planning Board's adoption of a resolution under this subsection shall constitute a decision of the Planning Board on the Plan in accordance with the procedures of this Section and Section 27-276 of this Subtitle.

(CB-33-1984; CB-29-1993; CB-99-1996; CB-1-2004; CB-5-2007; CB-3-2014; CB-83-2015)