§ 27-528. Planning Board action.

(a)

Prior to approving a Specific Design Plan, the Planning Board shall find that:

(1)

The plan conforms to the approved Comprehensive Design Plan, the applicable standards of the Landscape Manual, and except as provided in Section 27-528(a)(1.1), for Specific Design Plans for which an application is filed after December 30, 1996, with the exception of the V-L and V-M Zones, the applicable design guidelines for townhouses set forth in Section 27-274(a)(1)(B) and (a)(11), and the applicable regulations for townhouses set forth in Section 27-433(d) and, as it applies to property in the L-A-C Zone, if any portion lies within one-half (1/2) mile of an existing or Washington Metropolitan Area Transit Authority Metrorail station, the regulations set forth in Section 27-480(d) and (e);

(1.1)

For a Regional Urban Community, the plan conforms to the requirements stated in the definition of the use and satisfies all requirements for the use in Section 27-508 of the Zoning Ordinance;

(2)

The development will be adequately served within a reasonable period of time with existing or programmed public facilities either shown in the appropriate Capital Improvement Program, provided as part of the private development or, where authorized pursuant to Section 24-124(a)(8) of the County Subdivision Regulations, participation by the developer in a road club;

(3)

Adequate provision has been made for draining surface water so that there are no adverse effects on either the subject property or adjacent properties;

(4)

The plan is in conformance with an approved Type 2 Tree Conservation Plan; and

(5)

The plan demonstrates that the regulated environmental features are preserved and/or restored to the fullest extent possible in accordance with the requirement of Subtitle 24-130(b)(5).

(b)

Prior to approving a Specific Design Plan for Infrastructure, the Planning Board shall find that the plan conforms to the approved Comprehensive Design Plan, prevents offsite property damage, and prevents environmental degradation to safeguard the public's health, safety, welfare, and economic well-being for grading, reforestation, woodland conservation, drainage, erosion, and pollution discharge.

(c)

The Planning Board may only deny the Specific Design Plan if it does not meet the requirements of Section 27-528(a) and (b), above.

(d)

Each staged unit (shown on the Comprehensive Design Plan) shall be approved. Later stages shall be approved after initial stages. A Specific Design Plan may encompass more than one (1) stage.

(e)

The Planning Board shall approve, approve with modifications, or disapprove the Specific Design Plan within seventy (70) days of its submittal. The month of August and the period between and inclusive of December 20 and January 3 shall not be included in calculating this seventy (70) day period. If no action is taken within seventy (70) days, the Specific Design Plan shall be deemed to have been approved. The applicant may (in writing) extend the seventy (70) day requirement to provide a longer specified review period not to exceed forty-five (45) additional days, or such other additional time period as determined by the applicant.

(f)

For an application remanded to the Planning Board from the District Council, the Planning Board shall approve, approve with modifications, or disapprove the Specific Design Plan within sixty (60) days of the transmittal date of the notice of remand by the Clerk of the District Council. The month of August and the period between and inclusive of December 20 and January 3 shall not be included in calculating this sixty (60) day period.

(g)

An approved Specific Design Plan shall be valid for not more than six (6) years, unless construction (in accordance with the Plan) has begun within that time period. All approved Specific Design Plans which would otherwise expire during 1994 shall remain valid for one (1) additional year beyond the six (6) year validity period.

(h)

The Planning Board's decision on a Specific Design Plan shall be embodied in a resolution adopted at a regularly scheduled public meeting. A copy and notice of the Planning Board's resolution shall be sent to all persons of record and the Clerk of the Council within seven (7) days after the date of the Planning Board's adoption. The resolution shall set forth the Planning Board's findings.

(i)

A copy of the Planning Board's resolution and minutes on the Specific Design Plan shall be sent to the Clerk of the Council for any Specific Design Plan for the Village Zones.

(CB-1-1989; CB-75-1989; CB-53-1991; CB-108-1993; CB-32-1994; CB-56-1996; CB-32-1998; CB-25-2003; CB-29-2008; CB-28-2010; CB-34-2011; CB-23-2015; CB-83-2015)

Editor's note— Section 1 of CB-7-2009 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily suspended until December 31, 2010.

Section 2 of CB-7-2009 (DR-2) provides that the suspension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2009. This suspension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 1 of CB-6-2010 provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily suspended until December 31, 2011.

Section 2 of CB-6-2010 provides that the suspension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2010. This suspension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

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 1 of CB-7-2011 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily extended until December 31, 2012.

Section 2 of CB-7-2011 (DR-2) provides that the extension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2011. This extension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 3 of CB-7-2011(DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2012.

Section 3 of CB-34-2011 (DR-2) 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.

Section 1 of CB-67-2012 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily extended until December 31, 2013.

Section 2 of CB-67-2012 (DR-2) provides that the extension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2012. This extension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 3 of CB-67-2012 (DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2013.

Section 1 of CB-71-2013 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily extended until December 31, 2015.

Section 2 of CB-71-2013 (DR-2) provides that the extension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2013. This extension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 3 of CB-71-2013 (DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2015.

CB-81-2015 is uncodified law enacted by the District Council effective from November 17, 2015, and provides as follows: Sections 1 and 2 of CB-81-2015 temporarily extend, until December 31, 2017, validity periods prescribed in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance for approved applications for Specific Design Plans and Detailed Site Plans, including Detailed Site Plans in the M-X-C and Transit District Overlay Zones, provided that the approved application was in a valid status on January 1, 2015. Section 3 of CB-81-2015 provides that the provisions of CB-81-2015 will automatically expire on December 31, 2017, while Section 5 calls for a work group to be established by the District Council to determine the viability of Detailed Site Plans and Specific Design Plans to proceed in the development process prior to December 17, 2017.

CB-97-2017 is uncodified law enacted by the District Council effective from November 7, 2017, and provides as follows: Sections 1 and 2 of CB-97-2017 temporarily extend, until December 31, 2018, validity periods prescribed in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance for approved applications for Specific Design Plans and Detailed Site Plans, including Detailed Site Plans in the M-X-C and Transit District Overlay Zones, provided that the approved application was in a valid status on January 1, 2017. Section 3 of CB-97-2017 provides that the provisions of CB-97-2017 will automatically expire on December 31, 2018.

CB-59-2018 is uncodified law enacted by the District Council effective from October 23, 2018, and provides as follows: Sections 1 and 2 of CB-59-2018 temporarily extend, until December 31, 2020, validity periods prescribed in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance for approved applications for Specific Design Plans and Detailed Site Plans, including Detailed Site Plans in the M-X-C and Transit District Overlay Zones, provided that the approved application was in a valid status on January 1, 2018. Section 3 of CB-59-2018 provides that the provisions of CB-59-2018 will automatically expire on December 31, 2020.