§ 33A-5. Public hearing-preparation; copies to be made available; comments by county executive.

The Commission must prepare a public hearing draft of a plan or an amendment to an adopted plan. Upon request of the Commission, the County Executive must, and any municipality in or adjacent to the planning area should, provide as early as possible, preliminary information on existing conditions and those likely to result from proposed changes in land use which may affect the need for transportation, water and sewer services, and other public facilities and services, including any fiscal implications of the plan or amendment, and any other studies, data, and information pertinent to the preparation of the public hearing draft. When the draft plan is prepared, the Commission must submit it, not later than 30 days before the public hearing specified in Section 33A-6, to the Executive and any municipality in or adjacent to the planning area for review and comment. Copies of the public hearing draft must be made available to the District Council and the public by the Commission not less than 30 days before the public hearing. The Executive or a designee must present, either in writing or orally at the public hearing or in the hearing record, the comments and recommendations of the Executive on the effect of the public hearing draft upon public facilities and the County capital improvements program. The Executive should present his comments in writing before the public hearing so that the public may review and testify on the Executive's comments at the public hearing. The failure of the Executive to present comments or recommendations before the public hearing record is closed indicates concurrence with the public hearing draft plan. (Ord. No. 7-38, § 1; Ord. No. 12-47, § 1.)

Editor’s note-The above section is quoted in Boyds Civic Association v. Montgomery County Council, 67 Md.App. 131, 506 A.2d 675 (1986).