(a) (1) The Council, under its Rules of Procedure, must set the date for a public hearing on the Planning Board draft plan no later than 105 days after the Council receives the plan or amendment from the Planning Board.
(2) The Council must hold its hearing on the Planning Board draft plan at least 30 days, but not more than 60 days, after the hearing was advertised in at least one newspaper of general circulation in the County.
(3) A public hearing is not required if the District Council does not intend to propose any revisions, modifications, or amendments to the Planning Board draft plan.
(b) (1) The public hearing required under this section may be held in the area that is affected by the plan.
(2) Notice of the public hearing required under this section must:
(A) be given no less than 30 days nor more than 60 days before the hearing;
(B) be published at least once in a newspaper of general circulation in this County;
(C) specify the time and place of the hearing, the area affected, and the subject matter of the hearing; and
(D) be mailed to all citizens' associations that received notice of the public hearing of the Commission.
(3) The District Council must request any municipality that received a Planning Board draft plan or amendment to provide its comments and recommendations no later than 10 days before the public hearing in order to inform the general public of those comments and recommendations before the public hearing.
(c) (1) After the public hearing, the District Council must approve or disapprove the Planning Board draft plan or amendment with any modifications or amendments that the District Council finds appropriate.
(2) The District Council must not act on any plan after October 31 of any year in which a general election for County Council is held until the first day of a new Council's term. The applicable deadline for approval or disapproval under subsection (c)(3) is not suspended by this subsection.
(3) Within 180 days after receiving the Executive's fiscal impact analysis, or within 240 after the Planning Board draft is transmitted to the County Council if the Executive does not submit a fiscal impact analysis, the District Council must approve, modify, or disapprove the plan or amendment. The District Council may extend this deadline by one or more 60-day periods by a vote on each extension of two-thirds of those members present and voting. (1987 L.M.C., ch. 7, § 1; Ord. No. 12-47, § 1; , § 1.)
Editor's note—The obligation of the district council to conduct public hearings set forth in § 33A-8 was previously contained in § 33A-7(b)(ii) which is cited in Boyds Civic Ass’n. v. Montgomery County, 309 Md. 683, 526 A.2d 598 (1987), and in JMC Const. Corp., Inc. v. Montgomery County, 54 Md. App. 1, 456 A.2d 931 (1983). The above section is interpreted in West Montgomery County Citizens Association v. Maryland-National Capital Park and Planning Commission, 309 Md. 183, 522 A.2d 1328 (1987). Section 33A-7(b)(ii) was repealed in the amendment of § 33A-7 by 1987 L.M.C., ch. 7, § 1.
Note—Formerly, § 33A-9; former § 33A-8 was repealed by Ord. No. 12-47, § 1.
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