Md. Code Ann., Gen. Provis. § 5-857
Definitions
Effective Jul 1, 2018Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2014, c. 645, § 1, eff. Dec. 1, 2014; Acts 2018, c. 272, § 1, eff. July 1, 2018; Acts 2018, c. 273, § 1, eff. July 1, 2018.State of Maryland
- (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
(2)
- (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.
(d)
(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.
Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2014, c. 645, § 1, eff. Dec. 1, 2014; Acts 2018, c. 272, § 1, eff. July 1, 2018; Acts 2018, c. 273, § 1, eff. July 1, 2018.