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§ 5-857. Definitions

West's Annotated Code of MarylandGeneral ProvisionsEffective: July 1, 2018

West's Annotated Code of Maryland
General Provisions (Refs & Annos)
Title 5. Maryland Public Ethics Law (Refs & Annos)
Subtitle 8. Local Government Provisions (Refs & Annos)
Part IX. Special Provisions for Frederick County--Planning and Zoning (Refs & Annos)
Effective: July 1, 2018
MD Code, General Provisions, § 5-857
Formerly cited as MD CODE, SG, § 15-853
§ 5-857. Definitions
Currentness
In general
(a) In this part the following words have the meanings indicated.
Agent
(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.
Aggrieved party
(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.
Applicant
(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.
Application
(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.
Business entity
(f) “Business entity” means:
(1) a corporation;
(2) a limited liability company;
(3) a partnership; or
(4) a sole proprietorship.
Candidate
(g) “Candidate” means a candidate for County Executive or County Council who becomes an elected official.
Contribution
(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.
Governing body
(i) “Governing body” means the governing body of Frederick County.
Partnership
(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.
Party of record
(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.
Pendency of the application
(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.
Political committee
(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.
Treasurer
(n) “Treasurer” has the meaning stated in § 1-101 of the Election Law Article.

Credits

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.
MD Code, General Provisions, § 5-857, MD GEN PROVIS § 5-857
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document