FINAL ADOPTED AND APPROVED MANUAL 12/4/07

Manual of Development Review Procedures

for Montgomery County, Maryland

ADMINISTRATIVE STANDARDS
for Plans Submitted to the Maryland-National Capital
Park and Planning Commission, Development Review Division
for Review and Approval by the Montgomery County Planning Board

Maryland-National Capital Park and Planning Commission

Montgomery County Planning Department, Development Review Division
December 2007
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

Contents Page

Section 1. Purpose and Applicability

A. Basic Planning Department Policies …………………………………. 4

Section 2. Overview of the Requirements ………………………………………………… 5

A. Project, Pre-preliminary, Preliminary and Site Plans ..……………… 6
B. Plan Amendments ……………………………………………..…….. 6
C. Record Plats ………………………………………………………….. 7
D. Extension Requests and Subdivision Waivers …………………… 7

Section 3. Application Submission

A. Pre-submission ………………….…………………………………………. 8
B. Initial application …………………………………………………..……….. 8
C. Final application …………………………………………………………… 9
a. Certificates of Compliance ……………………..…………….. 9
b. Statements of Justification ……………………………….….. 10
D. Fees ………………………………………………………………………..… 10
E. Acceptance of an Application ………………………………………..… 10
F. Rejection of an Application …………………………………………. 10
a. Before acceptance of application ……………………… … … 10
b. After acceptance of final application ……………………….. 10
c. Inaccurate, misleading or false certifications …………. 11

Section 4. Notice
A. Notice List ………………………………………………………………….. 11
a. Adjoining and Confronting ……………………………………. 11
b. Civic Associations and HOAs ……………………………….. 11
c. Pre-submission Meeting Participants ………………………. 12
d. M-NCPPC ………………………………………………………… 12
e. Other ………………………………………………………………. 12
B. Pre-submission Public Meetings ……………………………………… 12
C. Site Posting ………………………………………………………………… 12
D. Notice Requirements …………………………………………………… 13
a. Notice of Application …………………………………………… 13
i. Development Plans …………………………………… 13
ii. Consent Agenda Amendments …………………….. 14
iii. Removing Items from the Consent Agenda …………….. 15
b. Notice of Public Hearing ……………………………………… 15
c. Notice for Consent Agenda …………………………………… 15

Section 5. Evaluation of Applications

A. Referral and Inter-Agency Consultation …………………………….. 15
B. Review Timeframes ……………………………………………………… 16
a. Typical …………………………………………………………….. 16
b. Extended ………………………………………………………….. 16
c. Lapses deemed withdrawal …………………………………... 16
C. Revisions in Response to Issues and Comments ………………… 17
a. Applicant’s Responsibility …………………………………. 17

2
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

b. Agency Reviewer’s Responsibility …………….…………. 17

D. Public Participation ………………………………………………………. 18
E. Consultation with Applicant and Other Interested Parties ………. 18
F. Staff Reports ………………………………………………………………. 18
a. Contents ………………………………………………………….. 19
b. Objections and Exceptions …………………………………… 19
c. Postponement …………………………………………………… 19

Section 6. Planning Board Action

A. Scheduling …………………………………………………………………. 20
B. Exhibits …………………………………………………………………….. 20
C. Resolutions and Opinions ………………………………………………. 21

Section 7. Certified Plan Approvals

A. Preliminary Plans ………………………………………………………… 21
B. Site Plans …………………………………………………………………. 21

Section 8. Alternative Procedures

A. Record Plats ……………………………………………………………… 22
a. Pre-submission ………………………………………………… 22
b. Application ………..……………………………………………. 22
c. Review and Approval ………………………………………... 23
B. Plan Extension Requests …………………………………………….. 23
a. Application ……………………………………………………… 23
b. Review and Approval ………………………………………… 24
C. Subdivision Waiver Request …………………………………………. 24
a. Application ..………..…………………………………………… 24
b. Review and Approval ………………………………………… 24
D. Consent Agenda Amendments ………………………………………. 25
a. Application ……………………………………..………………… 25
b. Notice …………………………………………………………….. 25
c. Review and Approval ………………………..…………………. 25
E. Limited Plan Amendments …………….………………………….. 25
a. Application ………………………………………………….. 26
b. Notice ……………………………………………………………… 26
c. Review and Approval ……………………………………………… 26
F. Other Amendments ………………………………………………… 26
a. Minor Project Plan Amendments ………………………… 27
i. Application ………………………………………… 27
ii. Notice ……………………………………………… 27
iii. Review and Approval …………………………….. 27
b. Planning Director Amendments to Certified Site Plans … 27
i. Application …………………………………………. 27
ii. Notice ………………………………………………. 27
iii. Review and Approval ……………………………... 27

3
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

Section 1. Purpose and Applicability

The manual establishes administrative procedures to facilitate accurate, comprehensive
and timely review of all plans submitted to the Montgomery County Planning Department,
Development Review Division (DRD), under the Subdivision Regulations and Zoning Ordinance.
These procedures are designed to provide accurate and complete information as a basis for
staff and Planning Board decisions.

The Manual:

i. Establishes a process that is clear, transparent, and understandable to residents,

interested parties, applicants and staff;

ii. Clarifies standards and procedures for submission of timely and relevant
information by applicants;

iii. Provides for timely participation by public agencies in the review of applications;
and

iv. Provides for participation by interested parties, so that their views can be known by
staff and the Board before the Planning Board makes a decision.

1.A. Basic Planning Department Policies Concerning the Development Review

Process

In reviewing applications, the Planning Department staff must:

• Appoint a lead reviewer to coordinate the review;

• Review applications carefully, fairly, and in a timely manner;

• Apply the applicable laws, regulations, and guidelines consistently;

• Work with all parties to present a recommendation to the Board that complies with the
applicable standards of review;

• Cooperate with other agency staff, the applicant, and the public to seek a mutually
satisfactory resolution when issues arise;

• Attempt to identify issues early in the process and strive to resolve them as early as
possible;

• Collaborate with each other and other parties, actively seeking solutions that achieve the
County’s planning and community-building goals; and

• Carry out County and Planning Board policies, with special attention to:

o adopted Master Plan standards and guidelines for development;

4
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

o applicable land use, transportation, and environmental laws and regulations;

o growth policy;
o standards of professional responsibility; and
o promotion of design excellence.

M-NCPPC and other agency staff who participate in the review of development applications
must:

• Review applications carefully, fairly, and in a timely manner;

• Participate in Development Review Committee (DRC) and pre-DRC meetings, either in

person or by transmitting written comments to the DRC chair;

• Make reasonable efforts to participate, when necessary, in supplemental meetings on

specific cases; as requested by either the lead reviewer or the applicant;

• Work collaboratively to identify and seek mutually satisfactory resolutions, using the
adopted lead-agency protocol for conflicting recommendations; and

• In the rare event that agency reviewers are unable to timely reach a mutually satisfactory
recommendation on issues related to a development application, the agency
recommendation that is contrary to the Planning staff’s recommendation must be
reported to the Planning Board.

Applicants must:

• Follow Planning Department and County policies, procedures, and regulations related to
each proposed development project;

• Submit complete and accurate applications;

• Refer questions, issues, and all revisions concerning a filed application to the lead
reviewer;

• Notify the lead reviewer promptly if there is a major change to a development project
under review;

• Work with the staff and the public in a cooperative manner to seek a mutually
satisfactory resolution when issues arise; and

• Select a development team, consultants, and representatives appropriate for the project.

Section 2. Overview of the Requirements

This manual applies to all development applications submitted to the Subdivision and Site
Plan Sections of the Development Review Division. These include: Pre-preliminary Plans,
Project Plans, Preliminary Plans, Site Plans, Plan Amendments, Record Plats, and applications
for Extensions and Subdivision Regulations Waivers. This manual prescribes the submission,
notice, review, and approval procedures that must be followed for each application. The following
is an overview of the requirements for each plan type.

5
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

2.A. Project, Pre-preliminary, Preliminary and Section 59-D-3 Site Plans

These applications must be submitted, noticed, and reviewed according to the standard
procedures in sections 3, 4, and 5. Except for non-binding, Section 50-33 Pre-preliminary plans, action
on these applications must be taken by the Planning Board after a Public Hearing. The requirements
for Public Hearings are in section 6. Post-approval requirements are in section 7.

2.B. Plan Amendments

A plan amendment application must be filed in order to revise any approved plan or any
finding, conclusion, or condition associated with the plan. Most amendments require action by
the Planning Board. Certain project and site plan amendments may be acted upon by the
Planning Director or staff1.

2.B.(a) Determining What Type of Amendment to File

Before filing a plan amendment application, the applicant must contact the Supervisor of
the Subdivision (preliminary plans) or Site Plan (project and site plans) Section in writing for a
determination on which type of plan amendment the applicant must file.

2.B.(a)(i) Amendments That Require Planning Board Action

These amendments may be filed in the form of a consent agenda item, a limited plan
amendment, or a full plan amendment. Consent agenda items and limited plan amendments are
subject to alternative submission and review procedures detailed in section 8. Full amendments must
be submitted and reviewed according to the standard procedures in sections 3 and 5. Notice for any
amendment requiring Planning Board action must satisfy section 4, and action must be taken under
section 6.

2.B.(a)(ii) Amendments That Do Not Require Planning Board Action

Chapter 59 of the County Code allows certain project and site plan amendments to be
approved by the Planning Director or a designee. These amendment applications are subject to
the alternative submission and review procedures in section 8.

2.B.(b) Determining the Need to File a Site Plan Amendment

An applicant may replace any structure on property covered by an approved Site Plan
without prior approval if the replacement conforms to the specifications of the approved or
Certified Site Plan. Any change or addition to any structure in the approved or Certified Site
Plan requires a site plan amendment. A site plan amendment may be filed as a consent
agenda item, a limited site plan amendment, a full site plan amendment, or a staff-level
amendment1. Before filing an application for site plan amendment, the applicant must contact
the Supervisor of the Site Plan Section to determine which type of site plan amendment to file.

1
Only in accordance with Sections 59-D-2.6 and 59-D-3.7 of the County Code.

6
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

2.B.(b)(i) Playground Equipment Substitution

The following rules apply to the substitution of playground equipment2 for a site that has
already received Board approval.

1) Any request for a playground equipment substitution must be made by submitting a

complete Recreational Equipment Substitution Request form, found at [Link]-
[Link]/development.
2) The form may be filled out by the provider of the proposed playground equipment, but
it must be accompanied by a cover letter from the developer of the project confirming
that the current site plan applicant supports the proposed substitution.
3) The approved site plan must be reviewed to see if, in addition to naming specific
brand and model numbers, the clause “or approved equal” was included. If the
phrase “or approved equal” is expressly stated in the site plan, the substitution
request need not be treated as an amendment, and no application fee is payable.
Rather, staff must review the substitution request to determine if the proposed
equipment is equal in capacity, features, age group served, and quality (including
conformance with CPSC and ASTM3 safety standards.4) If staff does not render a
decision as to whether the proposed substitution meets the “or approved equal”
standard within 45 days, the substitution is automatically approved. After a decision
has been reached, staff must reply, in writing, to the current site plan applicant. If the
request is denied, the staff must specify, in writing, each reason for the denial. Staff
must place a copy of the reply letter in the Site Plan file. A denial may be appealed to
the Planning Board. If the phrase “or approved equal” is not expressly stated in the
approved site plan, the developer must apply for an amendment along with the
substitution request.

2.C. Record Plats

Record plats are subject to the alternative submission and review procedures in section 8.

2.D. Extensions and Subdivision Regulations Waivers

Any request to extend a Preliminary Plan or Adequate Public Facilities (APF) validity period and
any request for a Subdivision Regulation waiver must be reviewed under the alternative submission
procedures in section 8. Notice, as described in section 4, must be given, and Planning Board action
must be taken under section 6.

Section 3. Standard Application Submission

There is a two-step application process for plans submitted for standard review:

• The first step requires filing an initial application that staff must review for
completeness.

• The second step requires filing the final application, along with prints for

2
Playground equipment includes benches, picnic tables, and trash receptacles.
3
If there is a conflict between CPSC and ASTM standards, ASTM standards will govern.
4
The equipment proposed must also be able to fit in the space shown on the site plan. If the proposed substitution
becomes so big that it no longer fits in the “play area” shown on the site plan, an amendment will be required.

7
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

distribution, and supplemental information.

The Development Review Division must not accept a submitted plan unless all
requirements of this section are satisfied. Additional requirements for notice and site posting
are included in section 4.

3.A. Pre-submission

3.A.(a) Required Meeting with the Public

Before an initial application is submitted for a Project Plan, Preliminary Plan, Site Plan,
or an Amendment that requires a Planning Board hearing, an applicant must hold a pre-
submission meeting with the public that satisfies sections 4.B and 4.C.

3.A.(b) Optional Meeting(s) with Staff

If site constraints or other issues related to the proposed development of a property raise
questions about a future development application, an applicant may request a pre-submission
meeting with staff. Any request must be made to the Development Review Division Chief’s
Administrative Aide, who must arrange a meeting with appropriate staff. Documentation of all
pre-submission meetings held with staff must be included in the application package when it is
filed. Staff advice to an applicant concerning an application or specific aspects of the review
does not bind the staff, Board, or applicant.

3.B. Initial Application

3.B.(a) Applicant’s Responsibility

An initial application must be submitted to the Development Review Division, Intake

Section. The application package must be submitted in duplicate with the appropriate fee and
must contain:

• An application;
• One plan drawing properly signed and certified by a licensed professional; and
• One copy of each other submission item included in the plan checklist attached to the
application form.

Plan Amendments

For each plan amendment, the applicant must contact Subdivision (preliminary
plans) or Site Plan (project and site plans) review staff to determine the exact
submission requirements and applicable fees. The amendment must clearly identify the
items or areas of the approved plan proposed for revision. The application must include
all information required in the application checklist.

Application forms and checklists are available on the Commission’s website at [Link]-
[Link]/development.

8
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

3.B.(b) Staff’s Responsibility

Staff must review the application within 10 working days and list, with a mark-up of the
application, all revisions or additional materials required to make the application consistent with
the submission requirements. Staff must notify the applicant when the initial application review
is ready for pick up. Staff must also schedule an appointment time with the applicant for
submission of the final application.

Staff’s review of the initial application is to determine if the information submitted is

complete and meets the requirements of the application checklist. It is not a review of the
merits of the application. Applicants should strive to ensure that each application is complete at
the time of initial submission.

3.C. Final Application

The final application must be filed with the Development Review Division, Intake Section
by appointment only. The final application package must contain:

• The mark-up of the initial application;

• The final application form signed and dated by the property owner or applicant;
• The plan submission checklist;
• Plan drawings, properly signed and certified by a licensed professional, and all other
items required by the plan checklist in the specified numbers;
• A digital copy of the plan;
• Documentation of pre-submission meeting and site posting;
• A certificate of compliance;
• A statement of justification; and
• The appropriate fee.

Each plan drawing, including notes and specifications, must be legible and must include the
appropriate graphic scale. If reduced plans are required, at least the plan drawing must be
legible.
Guidelines for plan drawings may be found at [Link]/development.

3.C.(a) Certificates of Compliance

The applicant must prepare and submit a written certification with each application
attesting that, to the best of the applicant’s knowledge, information, and reasonable belief after
reasonable investigation, the application conforms to all applicable federal, state, and County
laws and regulations and to all relevant previously approved plans for the subject property,
including:

• Each non-illustrative element of an approved Development Plan;

• Each binding element of an approved Schematic Development Plan;
• An approved Diagrammatic Plan under Division D-4 of Chapter 59;
• An approved Project Plan;
• All conditions imposed by the Planning Board with each previous plan approval,
including any project plan, preliminary plan, site plan, water quality plan, and
forest conservation plan (unless the plan is being amended); and
• The program of development proposed under every other application (including
any application for amendment) concurrently filed by the applicant, or pending
acceptance or approval, for a development project that includes or otherwise
relates to the subject property.

9
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

3.C.(b) Statements of Justification

The applicant must submit with each application, and plan amendment, a written
statement listing the facts and reasons that, according to the applicant, would support Planning
Board approval. If an application includes a request for any waiver of any law or regulation, the
statement must detail the facts and legal basis that support the granting of the requested
waiver. The applicant must attach any diagrammatic or illustrative materials that support the
facts asserted in the statement of justification. The applicant, or the applicant’s representative,
must certify that the information set forth in each statement of justification is true, complete, and
correct to the best of their knowledge, information, and belief.

Examples of the format for certificates of compliance and statements of justification are available
on the Commission’s website at [Link]/development.

3.D. Fees

Fees must be charged for the review of each application as determined by the fee
schedule worksheet included in the application form. A designated portion of the fee must be
charged when the initial application is filed, and the remainder must be charged when the final
application is submitted. Fees paid by check must be made out to the Maryland-National
Capital Park and Planning Commission (MNCPPC).

3.E. Acceptance of an Application

A final application must be complete and comply with the filing procedures in section
3.A. to be accepted for review. DRD staff must give the applicant written confirmation that the
submission has been accepted as complete at the final application appointment, or must list in
writing all revisions that are necessary for the application to be complete. The acceptance of a
plan means that it is complete and accurate for purposes of filing. Acceptance for filing does not
constitute approval of the submitted plan.

All information contained in the application is part of the public record. All supporting
materials presented to the Planning Board or otherwise incorporated into the plan by the Board
at the public hearing become part of the public record. By submitting a plan application, the
applicant agrees to complete the checklist of standard plan requirements included with each
application form.

3.F. Rejection of an Application

3.F.(a) Before acceptance of application

The Intake staff must reject an initial application if the staff finds that it contains
materially incorrect, false, or incomplete information. Any plan rejected for these reasons must
be returned to the applicant without any refund of the initial application fee. If the applicant
chooses to resubmit, a new initial application and fee must be required.

3.F.(b) After acceptance of final application

The Planning Director must reject a final application after it has been accepted if the
Planning Director finds that it contains materially inaccurate or incomplete information. The
Planning Director must return a rejected application to the applicant without refunding any of the
application fee. The application must be dropped from the queue of pending plans, and the
applicant must submit a new application with associated fees to be considered further.

10
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

3.F.(c) Inaccurate, misleading or false certifications

If, at any point in the review process, staff finds that information certified by an applicant
or a licensed professional5 is materially inaccurate, misleading, or false, staff must report the
matter in writing to the Planning Director. The Planning Director must review the report, give the
applicant or professional an opportunity to respond in writing, and consider any other relevant
information. If the Planning Director finds that the applicant or professional submitted materially
inaccurate, false, or misleading information, the Director must take appropriate action, which
may include reporting the facts to the appropriate licensing board.

Section 4. Notice
4.A. Notice List

As part of an application, the applicant must submit a notice list containing the names
and addresses of individuals who must receive notice under Section 4.D. The notice list must
include:

4.A.(a) Adjoining and Confronting Property Owners

The applicant must obtain the names and addresses of all adjoining and confronting
(properties separated from the development site by an intervening road or utility right of way)
property owners. This list must be based on tax assessment ownership records from the
Maryland Department of Assessments and Taxation, Real Property Data Base. The list must be
compiled from the latest available records no more than 30 calendar days before the pre-
submission meeting described in section 3.B. and must be updated no more than 30 calendar
days before the date the final application is submitted. If an adjoining or confronting property
includes a multi-unit building, the list must include the property owner, the building management
company, and the condominium association, if any (but it need not include any individual unit
owner or renter). If an adjoining and confronting property is common open space for cluster-
type development, the list must include the homeowner’s association and any individual
property owner in that development located within 300 feet of the subject property.

4.A.(b) Civic, Community, Condominium and Homeowners Associations

The applicant must obtain from the Development Review Division a list of the civic,
community, condominium and homeowner’s associations that have registered with M-NCPPC
and are located within a one-mile radius of the center point of the subject property. At staff’s
discretion, this list may be expanded for large or unusually shaped properties to include
associations within a one-mile radius from a point or points along the property boundary, or to
include a larger radius from the center point.

5
Licensed professionals include engineers, surveyors, landscape architects, attorneys, and any other
profession licensed by the State of Maryland.

11
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

4.A.(c) Pre-submission Meeting Participants

The applicant must include the name and address of each individual who attended any
required pre-submission meeting and requested to be included as a party of record.

4.A.(d) M-NCPPC

The list must include the M-NCPPC, Development Review Division, Intake Section.

4.A.(e) Other

Staff may also require the applicant to include any common ownership association or
civic association listed with M-NCPPC that confronts a public facility not adjacent to or in close
proximity to the property but which may require construction or improvement as a result of the
application. If required, this notice must be directed to each designated association no later
than 30 calendar days before the Planning Board’s public hearing on the Application.

4.B. Pre-submission Public Meetings

For a project plan, preliminary plan, site plan, or full preliminary plan or site plan
amendment, the applicant must hold at least one public pre-submission meeting no more than
90 calendar days before the initial application date. The purpose of the meeting is to explain the
proposed project, address concerns about its impact on the community, and notify those
attending of their right to participate in the review process. The applicant must expressly invite
all individuals who must receive notice of the application under section 4.A. and must also post
one or more signs that are visible from the street on the property, containing the meeting time,
location, and developer contact information. All required signs must be posted at least 10
calendar days before the meeting. The meeting must be held on an evening or a weekend, in a
location convenient to the proposed development site. The applicant must provide a sign-in
sheet at the meeting so that attendees can identify themselves.

The applicant must provide the following pre-submission meeting documentation

with the application:

• A notarized affidavit stating date, time and location of the meeting;

• A copy of the invitation letter with a typed list of invitees;
• A typed list of meeting attendees with an attached copy of the sign-in sheet;
• Names and addresses of each individual who want to be included as a party of record;
and
• Meeting minutes, including a summary of any issues or concerns raised by attendees.

4.C. Site Posting

In addition to site posting required for notice of the pre-submission meeting, the
applicant must post one or more signs at the development site indicating that an application for
a project plan, preliminary plan, site plan, or an amendment thereto has been filed. The signs
must be posted before the final application is accepted, and must be maintained throughout the
review of the application. The applicant must pay all costs associated with the site posting
requirements. A minimum of one sign must be placed along each adjacent street. An additional
sign must be posted every 600 feet if any street frontage adjacent to a site exceeds that
distance. Each sign must be placed parallel to the roadway. Signs must be placed on the
property in the most visible location available in such a manner that landscaping or other
obstructions do not impair the visibility of the signs from the street. The signs must not be
placed within the public street right-of-way or more than 10 feet behind the property line
12
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

adjacent to the right-of-way. The applicant must monitor the signs and replace any damaged or
illegible signs.

Each posted sign must contain:

• The project name as it appears on the application;

• The project number, as assigned at the time of initial application;
• The type of plan;
• Each proposed use and its associated number of dwelling units or square footage;
• Applicant contact information; and
• Development Review Division contact information.

The applicant and its sign vendor, if any, must follow the sign template, lettering
specifications, and posting requirements located on the Commission website at [Link]-
[Link]/development. The Planning Department may modify these requirements in special
circumstances to assure that all signs will be visible to the public.

When an applicant submits a final application, the applicant documentation of site

posting must be provided:

• a notarized affidavit stating the date and location of each sign posting;
• a plan drawing showing the location of each sign; and
• a dated photograph showing each sign on the development site.

If an applicant does not maintain a properly posted sign on the development site the
Planning Board may postpone a hearing on the application until the applicant has demonstrated
that the site has been properly posted for at least 30 consecutive days.

4.D. Notice Requirements

Each individual included on the notice list, and each other person who provides written
comments or requests to be a party of record, must receive notice as described below. The
applicant must also forward a copy of the application notice to each public school in the
applicable School Service Area and the public library nearest the site for posting on their
listservs if the school or library chooses to do so.

4.D.(a) Notice of Applications

The applicant must notify parties on the notice list of the filing of an application in the
following manner:

4.D.(a)(i) Project, Preliminary, and Site Plans, and Plan Amendments that require a
Planning Board Hearing

The applicant must mail written notice of its application to each party on the notice list.
The applicant must send the written notice, along with a legible 11X17 inch copy of the
proposed development plan drawing, and the latest version of the Commission’s brochure,
“How to Participate in the Subdivision and/or Site Plan Process” by first class mail to each party
within 5 calendar days after the final application was submitted. The applicant must retain each
item of mail returned undelivered and produce any item retained for inspection by the staff or
the Planning Board upon request. If the Development Review Division has not received a copy
of the required notice, the Development Review Committee meeting on the application must be

13
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

postponed until the applicant demonstrates that each required notice was mailed.

The notice list, satisfying section 4.A., and the address of each engineer, attorney, and
other representative for the project, must be submitted as part of the application to the
Development Review Division on 2 sets of printer labels with one paper copy of the labels.

The written notice must include:

• The application reference number;

• The date the notice was sent;
• Reference to each state and County law under which the Application is filed;
• The street address or other easily understood geographical reference to the
location of the property;
• A brief description of the proposed project;
• A copy of the proposed land plan; and
• The telephone number and address of the Development Review Division of the
Maryland-National Capital Park and Planning Commission, and the name and
telephone number of the applicant’s representative who will be available to
provide further information concerning the proposed development in response to
any reasonable public request.

The applicant must update the notice list of adjoining and confronting property owners
every 6 months after the final application is accepted. If an application is pending for more
than one year, the applicant must re-send notice (with the latest plan drawings) to each party
on the updated notice list. The applicant must submit a copy of the updated adjoining and
confronting property owners list with 2 sets of labels, and a copy of the written notice, if
applicable, before the plan can be scheduled for Planning Board action.

4.D.(a)(ii) Consent Agenda Plan Amendments

The applicant must prepare a notice list under section 4.A. that must include all other
parties of record noted in any previous files related to the current amendment, and mail written
notice of its Application to all parties. The written notice, along with a legible copy of the
amended plan drawings and any accompanying items, must be sent by first class mail to these
individuals within 5 calendar days after the final application is submitted.

The notice list and addresses for each engineer, attorney, and other representative for
the project, must be submitted as part of the application to the Development Review Division on
2 sets of printer labels with one paper copy of the labels.

The written notice must include:

• The application reference number;

• The date the notice was sent;
• The street address or other easily understood geographical reference to the
location of the property;
• A summary of the specific changes being sought; and
• A deadline (at least 15 calendar days after the mailing date of the notice) for the
submission of comments to the DRD regarding the amendment.

14
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

4.D.(a)(iii) Removing Items from the Consent Agenda

If comments from other parties or the public are received on a consent agenda item, the
Director must decide whether any comment is substantive enough to require that the
amendment be given a public hearing. If the Director finds that a public hearing is not
necessary, Planning staff must notify each person who submitted comments of the date the item
will be on the consent agenda and that any person may ask the Planning Board to remove an
item from the agenda on or before that date. If an item is placed on the consent agenda, the
Board Chair may remove the item from the consent agenda before the scheduled date at the
request of the applicant. Any Board member may also remove an item from the consent
agenda on the day it is to be heard.

4.D.(b) Notice of Public Hearing

Not less than 10 calendar days before the date of any scheduled public hearing,
Development Review Division staff must send notice by first class mail to each individual,
organization, and location on the applicant’s notice list, and to each other person who has sent
correspondence to the Planning Board or staff concerning the project or otherwise asked to be a
party of record and provided their contact information.

4.D.(c) Notice for the Consent Agenda

Not less than 10 calendar days before the Board meeting on a Consent Agenda item,
Development Review Division staff must post a copy of the staff report on the Commission’s
web site.

Section 5. Evaluation of Applications

When a final application is accepted, the supervisor of the Subdivision or Site Plan
section, as applicable, must assign a lead reviewer. The lead reviewer must coordinate review
of the application, prepare the staff report, and present the case to the Planning Board.

5.A. Referral and Inter-Agency Consultation

When a final application is accepted, the planning staff must:

1) Provide a copy of the plan and necessary supporting information to designated offices of
the Commission and to other government or public agencies for comment or approval,
as required by applicable law; and
2) Schedule a discussion of the application with agency reviewers and the applicant before
the Development Review Committee (DRC) chaired by the M-NCPPC Subdivision
Supervisor, or designee, within 21 calendar days after copies are sent.

Comments to the DRC by any agency making comments must be in writing. The lead reviewer
must ensure that these comments are included in the application file, along with a meeting
summary and a list of each revision to the applicant’s plan recommended by the DRC or the
staff. If any reviewing agency does not participate or provide any substantive comment as part
of the DRC meeting, the lead reviewer must document that fact in the application file before
scheduling the public hearing.

15
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

5.B. Review Timeframes

The typical review for all applications that require a Planning Board decision consists of
several steps. The review period varies depending upon the number of issues identified as part
of the review and the need for plan revisions.

5.B.(a) Typical review

Step 1: Agency review before DRC meeting

Step 2: DRC meeting
Step 3: Applicant revisions after DRC meeting
Step 4: Agency review and approval of each final revised plan
Step 5: Staff prepares a written report to the Board
Step 6: Staff report is posted 10 days before the Board hearing
NOTE: A tentative Planning Board date may be established at Step 2 if the Applicant commits
to a timeframe for revisions based on the comments received.

The statutory review periods for preliminary and site plans begin on the date that the
final revised plan is accepted (end of Step 4). The statutory review periods for project
plan applications are set and may be extended under Division 59-D-2 of the County
Code.

5.B.(b) Extended review

Other applications may be reviewed concurrently with project, preliminary, and site plan
applications. However, review and action on the project, preliminary, or site plan may be
delayed until the appropriate agency reviews and acts on related applications, including any
stormwater management concept and water quality plan, water and sewer category change
request, well and septic permit, special exception application, zoning change, or master plan
amendment. Delays may also result if an applicant does not submit adequate revisions under
section 5.C.

5.B.(c) Application lapse deemed withdrawal

Each applicant is responsible for timely response to staff and agency comments, either
in the form of plan revisions or with a request for a follow-up meeting, to resolve issues with
appropriate members of the review team. The Development Review Committee or other
meeting minutes must document the time estimated for a response.

An application that has been inactive for 365 calendar days with no substantive
response to staff, agency, or DRC comments must be treated as withdrawn unless the applicant
can demonstrate good cause to extend the application. The staff must send written notice to an
applicant whose plan has been inactive that the applicant has 30 calendar days to request an
extension of the staff review. Any request for an extension must:

1) Be in writing;
2) Show good cause to grant an extension; and
3) Propose a timeframe to finalize the application.

Good cause may include events beyond the control of the applicant, such as delays by a
government agency. The request must be reviewed by the Planning Director or a designee,
who has sole discretion to decide the matter. A decision by the Planning Director or designee to
approve or deny an extension is final.

16
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

If the applicant does not request an extension, staff must send the applicant written
notice that the application has been withdrawn by default. A new application and fee must be
submitted to re-file any plan that is withdrawn by default.

5.C. Plan Revisions in Response to Issues and Comments

5.C.(a) Applicant’s Responsibility

The applicant must submit supplemental information or revised plans, in response to

staff or other agency comments, no later than 10 business days after receiving the comments,
unless the staff and applicant agree on another time period. The revisions must be submitted to
the Development Review Division Intake Section and all other agency reviewers as follows:

To Development Review Division, Intake Section -

• Copies of the revised plan, in the specified numbers, highlighting each specific revision,
showing the date of each revision, and including as part of the title information a notation
that the plan is a revision;
• A revised digital copy of the plan;
• Copies of a transmittal memo or cover sheet, in the specified numbers, identifying what
is being submitted and why. The memo or cover sheet must refer to the M-NCPPC file
number.

No appointment is necessary to submit supplemental information or plan revisions;

however, Intake staff must not formally accept any revision until they have verified that the plan
is complete and complies with all applicable standards for accuracy. Intake staff must notify the
applicant within 5 business days whether the revisions have been accepted. Once accepted,
the applicant must distribute the revisions to other applicable agencies as specified below.

To other applicable reviewing agencies (after Planning Department acceptance) -

• At least one copy of the revised plan highlighting each specific revision, showing the
date of each revision, and including as part of the title information the notation that the
plan is a revision;
• At least one copy of a transmittal memo or cover sheet identifying what is being
submitted and why. The memo or cover sheet must refer to the M-NCPPC file number.

5.C.(b) Agency Reviewer Responsibility

Each agency reviewer must submit responses to plan revisions directly to the applicant
and the lead reviewer. If comments necessitate major revisions6 to the plan, the lead reviewer
may schedule a second DRC meeting. A conceptual plan, as agreed on by staff and the
applicant, may be submitted for further staff review before the applicant submits a fully revised
plan.
For major plan revisions, the applicant must:

• Send notice to all parties on the notice list.

• Resubmit the application form (check revision box) if the revision involves a
change in the:
o acreage;
6
A major revision includes an increase or significant decrease in density, an increase in the limits of
disturbance, a significant change in lot layout, or an increase in building height or scale.

17
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

o density;
o type of use or units proposed;
o ownership, applicant, or engineer; or
o proposed method of development.

Any final revised plan meeting the requirements of this manual must be submitted not less than
30 business days before the tentative Planning Board date. If this deadline is not met, the
Director must defer the Planning Board’s consideration of the development application.

5.D. Public Participation

Any individual who wants to develop or redevelop land must post signs on the
development site and hold pre-submission meetings. Any person who may have an interest in
or concern about future development on that site should attend the pre-submission meeting held
by the applicant and participate in the review process for that application. Comments regarding
an application may be made to Development Review Division (DRD) in any manner at any time
during the process, and the Planning staff must address those comments as part of its review.
Written comments are preferred. The first formal meeting between an applicant and agency
reviewers is the inter-agency DRC meeting discussed in section 4.A. The DRC meeting is
generally held every 3 weeks, on Mondays. A DRC schedule, containing items and the times
they will be discussed, is posted on the Commission’s website at [Link]-
[Link]\development 2 weeks before each meeting. Public comments received before
DRC will be discussed at the meeting, if applicable. The DRC meeting is not open to public
participation; however, members of the public may attend and listen to the discussion. If more
than a few members of the public expect to attend the DRC meeting, DRD staff should be
notified so that an appropriately sized location can be arranged.

Members of the public who have questions or concerns should contact the lead reviewer
at any time during the review. Meetings with members of the public may be scheduled for
particular cases upon request to the lead reviewer. For particularly complex or controversial
cases, staff may initiate a public meeting. These meetings should include other agency
representatives and/or the applicant. DRD staff should make every reasonable effort to resolve
issues raised by the public during the plan review. Members of the public may present any
unresolved concerns directly to the Planning Board as part of the public hearing for the
application.

5.E. Consultation with Applicant and Other Interested Parties

Planning staff may hold meetings during the application review period to help evaluate
the application as necessary or appropriate. These meetings may include the applicant, other
agencies, other interested parties, and the public. Minutes for each meeting must be included in
the application file. Each set of minutes must include the date, time, meeting location, and a list
of participants, major issues discussed, and any decision or recommendation made.

5.F. Staff Reports

The lead reviewer, after completing the application review and receiving all required
agency recommendations or approvals, must prepare a report summarizing the proposed
findings of fact and conclusions of law that the Board must make and recommending that the
Board approve, approve subject to conditions, or disapprove the application. In most instances,
the staff report must be published on the Commission’s website, and made available for pick-up

18
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

upon request in the Development Review Division, at least 10 calendar days before the
scheduled public hearing. The Planning Director may direct that the staff report be made
available more than 10 calendar days before the scheduled public hearing in exceptional
circumstances. These circumstances generally should be limited to exceptionally complicated
applications which generate staff reports that require more review time because of their length
and amount of supplemental information or applications that are particularly controversial and
involve large numbers of interested parties who require time to coordinate their responses to the
staff report.

5.F.(a) Contents of the Staff Report

Each staff report prepared for Planning Board consideration must include the following:

• A site description and overview of the project;

• Staff findings of fact and conclusions regarding each applicable requirement of law
related to the plan, and the basis for each finding and conclusion;

• A summary of the major issues and concerns related to the application and their
proposed resolution; and

• Recommended conditions of approval, if necessary.

For any amendment scheduled on a Consent Agenda, if no comments are received

during the established 15-day period designated in section 4.D(a)(ii), the Staff must draft a
memo detailing each item that would be changed and finding that the change will not alter the
intent of the Board’s prior approvals. The item must then be placed on the Planning Board’s
Consent Agenda, along with the resolution for the Board’s approval.

5.F.(b) Objections to the Staff Report

The applicant or other individuals may submit objections to any finding or conclusion in
the staff report no later than 3 days before the scheduled public hearing on the application.
Each objection must be made in writing to the Planning Director and must clearly identify and
fully explain the basis for each disagreement. Any objection filed in this manner must be
published immediately on the Commission website and distributed to the Planning Board
members.

The applicant or any other party may also object to any finding or conclusion in the staff
report during the scheduled public hearing on the application.

5.F.(c) Postponement of Public Hearing Agenda Items

The applicant or any other party may request postponement of a scheduled public
hearing or Consent Calendar item after the staff report has been published; however, the
request must be made in writing to the Chair of the Planning Board. Each request for
postponement must clearly identify and fully explain the basis for postponement. The staff must
notify the applicant of each postponement request, and the applicant must be given an
opportunity to respond. A decision to postpone a public hearing may only be made by the
Planning Board Chair or the Planning Board.

19
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

Section 6. Planning Board Action

The Planning Board typically acts on development applications immediately after a
public hearing. The hearing provides an opportunity for testimonial evidence to be presented to
the Board by staff, the applicant, and other interested parties. The Board may also act without a
public hearing to adopt a consent agenda. Rules for the conduct of hearings before the Board
are in the Board's Rules of Procedure, available at [Link]/documents.

6.A. Scheduling

Each development application must be given a tentative Planning Board date after the
lead reviewer has found that:

• all agency reviews are completed and written recommendations have been received;

• all relevant issues and concerns have either been resolved or must be presented to the
Board for resolution; and

• a final plan has been submitted by the applicant and date-stamped by M-NCPPC to
indicate that it has become the official plan for Board consideration.

The tentative Planning Board date is for M-NCPPC use as part of long-range agenda planning
and is generally not published. The lead reviewer must disclose this date to the applicant and
any other interested party who requests the information. The tentative date may, at the lead
reviewer’s discretion, be published on the Commission’s website at [Link]-
[Link]/board/agenda for particularly complex or controversial cases.

A development application must not be placed on a final public hearing or consent

agenda until the staff report has been completed.

6.B. Exhibits

Each applicant must submit the following exhibits to Development Review Division staff
for use as part of the Planning Board hearing, at least 3 business days before the scheduled
date of the hearing:

• One paper copy and one digital copy of the rendered pre-preliminary plan, project plan,
preliminary plan, site plan, or plan amendment, as applicable; and

• One paper copy and one digital copy of the rendered forest conservation and/or
landscape plan, if applicable.

Other exhibits may be submitted at the hearing, but the applicant and other participants should
submit them as early as possible. Each exhibit must be entered into the record of the hearing
and be accepted by the Chairman. Each exhibit, whether electronic or mounted, must be
labeled and made part of the permanent record of the case. All exhibits are the property of the
Commission and must be collected by staff after the hearing and made part of the case file.

In general, the following guidelines should be used by applicants and individuals

preparing exhibits for a Planning Board hearing:

• Each visual exhibit must be presented in a format that can be clearly seen by the
Planning Board, such as:

20
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

o Digital images (consult staff for acceptable formats), which are the preferred
format;
o A plan drawing, at least 30”x42” and mounted, but not permanently affixed, on a
display board; or
o A handout such as a reduced copy of a plan drawing (at least 8½”x11” but
11”x17” is preferred). At least 12 copies of any paper handout must be provided
for distribution.

• Each visual exhibit must clearly delineate the boundary of the plan.

• Each written exhibit or testimony should be presented on 8½”x11” paper, and preferably
typed in at least 12 point font size. Providing 10 copies of any written testimony makes it
possible to distribute copies to the Board.

• Each digital image must be provided on an electronic medium, which the Planning staff
must retain after the hearing.

• Each applicant hard copy/display board exhibit must also be provided as a digital image
(consult staff for acceptable formats).

6.C. Resolutions and Opinions

The Planning Board must adopt a resolution to memorialize its action on each plan. After
adoption, the Staff must mail a copy of the resolution to each party of record. Procedures for
adopting resolutions are in the Board’s Rules of Procedure.

Section 7. Certified Plan Approval

Each preliminary and site plan (and any amendment to either) that has been approved
by the Planning Board must be certified by the M-NCPPC Development Review Division.

7.A. Preliminary Plan Requirements

Each applicant must submit a reproducible copy of the preliminary plan approved by the
Board for certification by the Subdivision Supervisor on receipt of the Board resolution. Staff
must affix any condition of approval and record the Board hearing and resolution dates. After
the Subdivision Supervisor signs the plan, the staff must return the certified plan to the
applicant. The applicant must re-submit at least 3 paper copies and a digital image on an
electronic medium, to be included in the application file and promptly made available to all
parties by electronic access. Any required supplementary plan, such as a forest conservation or
landscape plan, must also be certified in this manner.

7.B. Site Plan Requirements

The Certified Site Plan package must include the Planning Board’s resolution (on the
plan drawing), address all conditions of approval, and include the required information as noted
in the site plan application checklist. The applicant must submit 4 copies of the Certified Site
Plan package for review and approval. Staff must contact the applicant within 15 working days
after receiving the package and identify any error or omission.

21
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

The applicant must submit 4 sets of each corrected/completed Certified Site Plan for
final signature. After the Development Review Division Chief signs each copy of the plan, the
Staff must transmit a copy of the Certified Plan to the applicant. The applicant then must scan
the document and return a digital image on an electronic medium to the Development Review
Division. The scanned image must be promptly made available to all parties by electronic
access.

Section 8. Alternative Procedures

Certain types of applications are subject to alternative procedures for submission and
review. These include record plats, requests for extension of plan validity, consent agenda plan
amendments, and Subdivision Regulations waiver requests. These applications either
supplement the Planning Board’s approval of a development application (record plats,
extensions, amendments, and some waivers), or replace that process (waivers). These
applications must be processed as described below.

8.A. Record Plats

The Subdivision Regulations require that a record plat be recorded within 36 months
after the date of mailing of the Planning Board’s resolution for a preliminary plan of subdivision,
or as otherwise stipulated in the resolution for phased approvals. The property owner must
submit a record plat application to both the M-NCPPC Development Review Division (DRD) and
the Montgomery County Department of Permitting Services (MCDPS) for review and approval.

8.A.(a) Pre-submission requirements

Before submitting a record plat application, the applicant must contact the Records and
Information Section of the Development Review Division and receive approval of the proposed
subdivision name, lot and block designations, and each street name.

8.A.(b) Application

A record plat application may be submitted without an appointment to the DRD Intake
Section. An applicant must include each item required on the application checklist and the
appropriate fee. The application form must be filled out by the applicant’s engineer/surveyor,
who must sign the checklist certifying that the application and checklist are complete and ready
for processing. The checklist must be submitted with the application form. The Staff must not
accept an incomplete application for review.

The applicant must submit a separate application form for each plat even if the applicant
proposes multiple plats on a single property. The applicant may submit copies of a master
application if the master application contains the appropriate information for each plat (i.e.
number of lots, units, and area of each plat). The applicant may send one check for the total fee
for a multiple plat submission.

Anything submitted to DRD as part of a record plat application must be accompanied by

a transmittal memorandum or cover sheet that identifies what is being submitted and why. If the
material relates to a plat that has already been submitted, the memo or cover sheet must refer
to the M-NCPPC file number.

The Staff must not accept a record plat application before the Planning Board takes final

22
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

action on the preliminary plan application and on a site plan application if a site plan is required.
The applicant must submit a copy of the certified preliminary plan and the Board’s resolution on
the preliminary plan with the record plat application. The applicant must submit a copy of the
certified site plan and site plan resolution for any property that is subject to site plan approval
before the Board approves the final record plat.

8.A.(c) Review and Approval

DRD staff must review the record plat when the application is accepted and refer it to
other agencies as appropriate. Each agency reviewer must provide written comments within 10
working days to DRD. Staff must provide the applicant with a mark-up of the record plat that
shows all necessary changes when the review is complete. The applicant must submit a
revised record plat that incorporates these changes, along with any changes required by
MCDPS. The final plat submission must include:

• The mark-up of the initial record plat;

• A mylar copy of the final record plat, including an original signature of each owner
and the applicant’s engineer/surveyor;
• A reduced copy of the final plat on 8 ½” x 11” paper;
• 2 full-size paper copies of the final plat; and
• A digital image of the final record plat on an electronic medium.

DRD staff must schedule the application for Planning Board action on the next available
Consent Agenda when DRD accepts a final record plat. A staff memorandum, including a
summary of staff’s review and recommendations, a review checklist, a copy of the proposed
plat, and a copy of the approved preliminary and site plans with the Planning Board resolutions
(if applicable), generally must be posted on the Commission’s website at least 10 calendar days
before the scheduled Board action date. Staff may add record plats to the Consent Agenda not
later than 5 calendar days before the scheduled action date in limited circumstances. A record
plat application is not subject to the notice requirements of section 4.

Department of Permitting Services (MCDPS) Plat Approval

The Staff must forward the final plat to MCDPS for verification of its approval after the
Board approves a final record plat and the Board Chair signs it. The plat must be signed by the
MCDPS Director and returned to MNCPPC after the Director’s review. MNCPPC staff must
send the final signed record plat to the Clerk of the Court for recordation.

8.B. Extension Requests

The date when the Planning Board’s resolution for a preliminary plan is mailed
establishes both the plan validity period and the validity period for the associated adequate
public facilities review. The Planning Board may extend these validity periods under Section 50-
20(c) and Section 50-35(h)(3) of the Subdivision Regulations.

8.B.(a) Application

An application to extend a plan validity period may be filed with the DRD Intake Section
without appointment. The application must include each item required on the application
checklist and the appropriate fee. The applicant or its representative must fill out and sign the
application form and checklist certifying that application and checklist are complete and ready for

23
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

processing. The checklist must be submitted with the application form. The Staff must not
accept an incomplete application for review.

An application for extension must include a letter from the applicant, or the applicant’s
representative, which identifies the facts, conditions, and provisions of law relied upon by the
applicant to justify an extension.

8.B.(b) Review and Approval

DRD staff must prepare a staff report for each accepted extension application that
summarizes each finding of fact and conclusion of law which the Board must make. DRD staff
must also recommend that the Planning Board approve, approve subject to conditions, or deny
the application. Staff must schedule a date for Planning Board hearing on the request after the
staff report is completed.

Each extension request must satisfy the notice requirements of section 4.D.(b). DRD
staff must send notice by first class mail to each individual and location included on the
applicant’s notice list at least 10 calendar days before the scheduled public hearing. The staff
report must also be published on the Commission’s website and made available for pick-up on
request in the Development Review Division 10 calendar days before the scheduled public
hearing.

8.C. Subdivision Regulations Waiver Requests

Section 50-38 of the Subdivision Regulations specifies waivers that the Planning Board
may grant. Waivers are generally reviewed as part of an application for a preliminary plan of
subdivision. However, a waiver of the requirement to submit a preliminary plan of subdivision
may be requested. In that case, a separate subdivision waiver application is required.

8.C.(a) Application

An application for a Subdivision Regulations waiver may be submitted without

appointment to the DRD Intake Section. Each application must include each item required on
the application checklist and the appropriate fee. The applicant or a representative must fill out
the application form and checklist, certifying that the application and checklist are complete and
ready for processing. The checklist must be submitted with the application form. The Staff must
not accept an incomplete application for review.

Each application for waiver must include a letter from the applicant or the applicant’s
representative which specifies the facts, conditions, and provisions of law on which the applicant
relies to justify a waiver.

8.C.(b) Review and Approval

DRD staff must prepare a staff report that summarizes each finding of fact and
conclusion of law that the Board must make after the waiver request is accepted. DRD staff
must recommend that the Planning Board approve, approve subject to conditions, or deny the
application. Staff must schedule a date for a Planning Board hearing on the request after the
report is completed.

24
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

Each waiver request must satisfy the notice requirements of section 4.D.(b). DRD staff
must send notice by first class mail to everyone on the applicant’s notice list at least 10 calendar
days before the date of scheduled public hearing. The staff report must be published on the
Commission’s website, and made available for pick-up on request in the Development Review
Division, at least 10 calendar days before the scheduled public hearing.

8.D. Consent Agenda Amendments

Chapter 59 and the Planning Board’s Rules of Procedure allow the Planning Board to
approve certain de minimus and uncontested plan amendments without holding a public
hearing. Instead, the Planning Board may act on the amendment as part of a Consent Agenda.
Certain project, preliminary, and certified site plans may be amended in this manner.

8.D.(a) Application

An application for a Consent Agenda plan amendment may be filed without appointment
at the DRD Intake Section, and must include each item required on the application checklist and
the appropriate fee. The amended plan must clearly identify each item or area of the approved
plan proposed for revision. The applicant or the applicant’s representative must fill out and sign
the application form and checklist, certifying that the application and checklist are complete and
ready for processing. The checklist must be submitted with the application form. The Staff must
not accept an incomplete application for review.

8.D.(b) Notice

Each Consent Agenda amendment must satisfy the site posting and notice requirements
of sections 4.C. and 4.D.(a)(ii). Each notice must specify a comment period of at least 15
calendar days.

8.D.(c) Review and Approval

DRD staff may place the amendment and an accompanying resolution on the Planning
Board Consent Agenda and prepare a brief staff report explaining the proposed amendment if
no comments are received during the comment period and staff has no objections to each
proposed change.

If comments are received, the Director must decide whether any comment is substantive
enough to require the amendment to be placed on the Public Hearing agenda. If the Director
finds that the amendment qualifies for the Consent Agenda, staff must notify each person who
filed a comment of the date the amendment will be on the Consent Agenda and that any person
on or before that date may request that a member of the Board remove the amendment from
the Consent Agenda.

After the Board has approved the amendment and resolution, the applicant must submit
a new plan that includes the amendment. The new plan must be certified before the Board’s
approval becomes final.

8.E. Limited Plan Amendments

Certain plan amendments do not qualify as Consent Agenda Amendments under section
8.D. because the change requested would alter a fundamental element of the Planning Board’s

25
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

approval. If only one such element would be changed (example: density, height, setback), or
the amendment otherwise would not significantly alter the approved plan, the applicant may
apply for a Limited Amendment. A Limited Amendment must satisfy the notice and finding
requirements of a Full Plan Amendment, but the staff report need not be as comprehensive.

8.E.(a) Application

The applicant must contact Subdivision or Site Plan staff to determine if the requested
change qualifies for a Limited Plan Amendment. If the Director or the Director’s designee
concludes that it qualifies, the applicant may submit the appropriate application without prior
appointment with the DRD Intake Section. The applicant must include each item required on
the application checklist and the appropriate fee. The application must clearly identify the
fundamental element of the approved plan that would be revised and any other change to the
approved plan. The applicant or the applicant’s representative must fill out and sign the
application form and checklist, certifying that the application and checklist are complete and
ready for processing. The checklist must be submitted with the application form. The Staff
must not accept an incomplete application for review.

8.E.(b) Notice

Each Limited Plan Amendment must satisfy the site posting and notice requirements of
sections 4.C. and 4.D.(a)(i).

8.E.(c) Review and Approval

After accepting a Limited Plan Amendment application, DRD staff must prepare a staff
report that summarizes each finding of fact and conclusion of law that the Board must make and
recommend that the Board approve, approve subject to conditions, or deny the application.
Staff must schedule a date for the Planning Board hearing on the request after the report is
completed.

Not less than 10 calendar days before the date of a scheduled public hearing, DRD staff
must send notice by first class mail to each individual and location included on the applicant’s
notice list. The staff report must also be published on the Commission’s website, and be made
available for pick-up on request in the Development Review Division, 10 calendar days before
the scheduled public hearing.

8.F. Other Amendments

Certain project and site plan amendments may be approved by the Planning Director or
designee under Sections 59-D-2.6 and 59-D-3.7 of the County Code.

8.F.(a) Minor Project Plan Amendments

A minor amendment to a project plan is an amendment or revision to a plan or any

finding, conclusion, or condition associated with the plan that does not entail matters that are
fundamental determinations assigned to the Planning Board. A minor project plan amendment
is an amendment that does not alter the intent, objectives, or requirements expressed or
imposed by the Planning Board in its approval of the plan.

26
 FINAL ADOPTED AND APPROVED MANUAL 12/4/07

8.F.(a)(i) Application

The applicant must contact Project Plan staff to see if a requested change qualifies for a
Minor Project Plan Amendment. If staff concludes that it qualifies, the applicant may submit the
appropriate application without prior appointment to the DRD Intake Section. The applicant
must include each item required on the application checklist and the appropriate fee. The
application must clearly identify each item on the approved plan that is to be revised. The
applicant or the applicant’s representative must fill out and sign the application form and
checklist, certifying that the application and checklist are complete and ready for processing.
The checklist must be submitted with the application form. The Staff must not accept an
incomplete application for review.

8.F.(a)(ii) Notice

Minor Project Plan Amendments are not subject to notice requirements.

8.F.(a)(iii) Review and Approval

DRD staff must review the application and prepare a letter to the applicant containing
staff’s recommendations and any applicable conditions after a Minor Project Plan Amendment is
accepted.

8.F.(b) Planning Director Level Amendments to Certified Site Plans

The Planning Director may approve, in writing, an amendment to a certified Site Plan
under Section 59-D-3.7 of the County Code.

8.F.(b)(i) Application

The applicant must contact Site Plan staff to determine if a requested amendment
qualifies for approval by the Planning Director. If staff concludes that it qualifies, the Applicant
may submit the appropriate application without prior appointment to the DRD Intake Section.
The applicant must include each item required on the application checklist and the appropriate
fee. The application must clearly identify each item on the approved plan that is to be revised.
The applicant or the applicant’s representative must fill out and sign the application form and
checklist, certifying that the application and checklist are complete and ready for processing.
The checklist must be submitted with the application form. The Staff must not accept an
incomplete application for review.

8.F.(b)(ii) Notice

Each Site Plan Amendment approved by the Planning Director must satisfy the site
posting and notice requirements of sections 4.C. and 4.D.(a)(i).

8.F.(b)(iii) Review and Approval

DRD staff must prepare a staff report that summarizes each proposed finding of fact and
conclusion of law and recommend that the Planning Director approve, approve subject to
conditions, or deny the application after the minor amendment is accepted. Staff must notify the
applicant in writing of the Planning Director’s decision.

27