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COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, MARYLAND
2012 Legislative Session
Bill No.
CB-4-2012
Chapter No.
Proposed and Presented by
Council Members Harrison and Davis
Introduced by
Co-Sponsors
Date of Introduction
SUBDIVISION BILL
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AN ACT concerning
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Interim Land Use Controls for Military Installation Conformance
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For the purpose of developing new development standards and procedures, including the
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establishment and imposition of temporary subdivision requirements for development of
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properties in the vicinity of Joint Base Andrews for an established limited period of time. This
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Ordinance amends the Subdivision Regulations to permit the Planning Board to attach conditions
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to preliminary plans and final plats filed in the ILUC Area and establishes restrictions on
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preliminary plans in portions of the ILUC Area.
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BY adding:
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SUBTITLE 24. SUBDIVISIONS.
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Section 24-120.03,
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The Prince George's County Code
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(2011 Edition).
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SECTION 1. BE IT ENACTED by the County Council of Prince George's County,
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Maryland, that Section 24-120.03 of the Prince George's County Code be and the same is hereby
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added:
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SUBTITLE 24. SUBDIVISIONS.
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DIVISION 1. GENERAL PROVISIONS
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Sec. 24-107. Jurisdiction
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(c) The following shall be exempt from the requirement of filing a subdivision plat, except
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for any portion of land within a Chesapeake Bay Critical Area Overlay Zone or the Interim Land
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CB-4-2012 (DR-2)
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Use Control subject to Sec. 24-120.03(b) of this Subtitle unless otherwise noted below.
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(16) In the Interim Land Use Control (ILUC) Area subject to Sec. 24-120.03(b) of this
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Subtitle, the filing of a subdivision plat shall not be required if the land was subdivided by the
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method in paragraph (4) or paragraph (5) of this Section.
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(b) This Section does not apply to properties subject to the Interim Land Use Control
(ILUC) provisions established in Sec. 24-120.03(b) of this Subtitle.
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Sec. 24-111. Resubdivision of land.
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Sec. 24-108. Preliminary plat exemptions
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(d) Paragraph (c) of this Section does not apply to properties subject to the Interim Land
Use Control (ILUC) provisions established in Sec. 24-120.03(b) of this Subtitle.
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SUBTITLE 24. SUBDIVISIONS.
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DIVISION 2. APPLICATION PROCEDURES AND DOCUMENTS.
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Sec. 24-120.03. Subdivisions in JLUS ILUC area.
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(a) For the duration of the Interim Land Use Code as contained in Subtitle 27, Part 18 of
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the County Code, and for those properties wholly or partially within the boundaries of Figure
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[Height] subject to Sec. 27-1806 or Figure [Noise] subject to Sec. 27-1807:
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(1)
The Planning Board may approve preliminary plans of subdivision with
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reasonable and appropriate conditions to mitigate the impact of noise and/or height
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encroachments to include the following criteria:
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(A) Structures shall not exceed the height limitations established by the
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Imaginary Surfaces in Figure [Height]. The height limitations shall be shown on the preliminary
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plan.
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(B) Interior noise shall not exceed 45 dBA as measured or certified by a
registered Acoustical Engineer. The Noise Contours shall be shown on the preliminary plan.
(2) Subdivision applicants may submit informal pre-application plans in accordance
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CB-4-2012 (DR-2)
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with Sec. 24-119(c) of this subtitle. Pre-application plans shall show Imaginary Surfaces and
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Noise Contours.
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(b) For the duration of the Interim Land Use Control as contained in Subtitle 27, Part 18 of
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the County Code, and only for those properties wholly or partly within the boundaries of Figure
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[APZ] effected by Sec. 27-1809:
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(1) For properties wholly within the boundaries of Figure [APZ], applications for
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preliminary plans of subdivision shall not be accepted for processing, beginning [effective date].
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(2) For properties wholly within the boundaries of Figure [APZ], the Planning Board
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may approve preliminary plans of subdivision only if the applications were accepted prior to
[effective date].
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(3) For properties partly within the boundaries of Figure [APZ], applications for
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preliminary plans of subdivision may be accepted for processing, with portions of the property
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within the boundaries of Figure [APZ] designated as an Outparcel.
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SECTION 2. BE IT FURTHER ENACTED that if any sentence, clause, section, provision,
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or part of this Act is held illegal, invalid, unconstitutional, or unenforceable, such illegality,
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invalidity, unconstitutionality, or unenforceability shall not affect or impair any of the remaining
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sentences, clauses, sections, provisions, or parts of the Act. It is hereby declared to be the intent
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of the District Council that this Act would have been adopted as if such illegal, invalid,
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unconstitutional, or unenforceable sentence, clause, section, provision, or part had not been
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included.
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SECTION 3. BE IT FURTHER ENACTED that this Act shall take effect on the date it
becomes law.
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CB-4-2012 (DR-2)
Adopted this
day of
, 2012.
COUNTY COUNCIL OF PRINCE
GEORGE'S COUNTY, MARYLAND
BY: _________________________________
Andrea C. Harrison
Chair
ATTEST:
______________________________
Redis C. Floyd
Clerk of the Council
APPROVED:
DATE: ________________________
BY: _________________________________
Rushern L. Baker, III
County Executive
KEY:
Underscoring indicates language added to existing law.
[Brackets] indicate language deleted from existing law.
Asterisks *** indicate intervening existing Code provisions that remain unchanged.
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