§ 5-857
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/md/general-provisions/5-857A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–857.
(a)In this part the following words have the meanings indicated.
(b)“Agent” means a person that is:
(1)hired or retained by a business entity that is an applicant with an application before the governing body to provide services, for compensation, relating to the application; and
(i)an attorney;
(ii)an architect or a landscape architect;
(iii)a traffic consultant;
(iv)an engineer; or
(v)a traffic engineer.
(c)“Aggrieved party” means:
(1)a property owner whose property:
(i)adjoins, fronts, or is located near the subject property; or
(ii)is located within sight or sound of the subject property; or
(2)an individual located within the same subdivision as the subject property or who lives up to three–quarters of a mile by road or otherwise one–half mile away from the subject property.
(1)“Applicant” means a person that is:
(i)a title owner or contract purchaser of land that is the subject of an application;
(ii)a trustee who has an interest in land that is the subject of an application, excluding trustees described in a mortgage or deed of trust; or
(iii)a holder of at least a 10% interest in land that is the subject of an application.
(2)“Applicant” includes a person who is an officer or a director of a corporation that actually holds title to the land, or is a contract purchaser of the land, that is the subject of an application.
(3)“Applicant” does not include:
(i)a financial institution that has loaned money or extended financing for the acquisition, development, or construction of or improvements on the land that is the subject of an application;
(ii)a municipal corporation or public corporation;
(iii)a public authority;
(iv)an electric company or electric supplier applying for a certificate of public convenience and necessity under § 7–207 or § 7–208 of the Public Utilities Article; or
(v)a person who is hired or retained as an accountant, an attorney, an architect, an engineer, a land use consultant, an economic consultant, a real estate agent, a real estate broker, a traffic consultant, or a traffic engineer.
(e)“Application” means:
(1)an application for a zoning map amendment as part of a piecemeal or floating zone rezoning proceeding;
(2)a formal application for a comprehensive map planning change or zoning change during the county comprehensive land use plan update;
(3)an application for a map amendment to the county water and sewerage plan;
(4)a request made under § 4–416 of the Local Government Article for the governing body to approve the placement of annexed land in a zoning classification that allows a land use that is substantially different from the use for the land authorized in the zoning classification of the county applicable at the time of annexation; or
(5)an application to create a district or an easement or any other interest in real property as part of an agricultural land preservation program.
(f)“Business entity” means:
(1)a corporation;
(2)a limited liability company;
(3)a partnership; or
(4)a sole proprietorship.
(g)“Candidate” means a candidate for County Executive or County Council who becomes an elected official.
(h)“Contribution” means a payment or transfer of money or property worth at least $100, calculated cumulatively during the pendency of the application, to a candidate or a treasurer or political committee of a candidate.
(i)“Governing body” means the governing body of Frederick County.
(j)“Partnership” includes:
(1)a general partnership;
(2)a joint venture;
(3)a limited liability limited partnership;
(4)a limited liability partnership; or
(5)a limited partnership.
(k)“Party of record” means a person that participated in a proceeding on an application before the governing body by appearing at a public hearing or filing a statement in an official record.
(l)“Pendency of the application” means the time between the acceptance by the County Department of Planning and Zoning of a filing of an application and the earlier of:
(1)2 years after the acceptance of the application; or
(2)the expiration of 30 days after:
(i)the governing body has taken final action on the application; or
(ii)the application is withdrawn.
(m)“Political committee” means a committee specifically created to promote the candidacy of a member of the governing body who is running for an elective office.
(n)“Treasurer” has the meaning stated in § 1–101 of the Election Law Article.