Certain types of notice must be provided by both the applicant and Planning Department staff at specific steps during the regulatory review process. The individuals receiving these notices vary depending upon the notice type, but include: owners of adjoining and confronting properties; nearby civic and homeowners’ associations; “interested parties” who request notice during the process; and the general public.
Individuals, groups, and interested parties receive notice in writing, either by mail, or by email if they have indicated email as their preference. The general public receive notice from signs that are required to be posted on a project site, and for applications that are acted upon by the Board, from the weekly Planning Board agenda on the Board’s website.
1. Notice Required. Notice is required for each application per the following table, or as otherwise specified in the Code:
APPLICATI ON TYPE | Pre- submittal Community Mtg. | Site Posting | Written Notice from Applicant | Written Hearing Notice from Planning Departme nt | Planning Department Website Posting |
Pre- submittal Communi ty Mtg. | Applicati on | Pre- submittal Communi ty Mtg. | Applicati on | DRC Agenda | Planning Board Agenda |
|
X | X | X | X | X | X | X | X |
Pre-Preliminar y Submission | X | X | (only if Planning Board action is scheduled) | X | (only if Planning Board action is schedule d) |
| X | X | X | X | X | X | X | X |
Major Preliminary Plan Amendment | X | X | X | X | X |
Minor Preliminary Plan Amendment | X | (only if Planning Board action is scheduled) | (only if Planning Board action is schedule d) |
Administrative Subdivision Plan | X | X | (only if Planning Board action is scheduled) | X | (only if Planning Board action is schedule d) |
|
X | X | X | X | X | X | X | X |
Major Site Plan Amendment1 | X | X | X | X | X |
Minor Site Plan Amendment1 | X | (only if Planning Board action is scheduled) | (only if Planning Board action is schedule d) |
| X |
Validity Period Extension Request | X | X | X |
Subdivision Regulations Waiver | X | X | X |
| X | (only if Planning Board action is scheduled) | (only if Planning Board action is schedule d) |
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1 Notice shown in this table is per Section 7.5.1 of Chapter 59.
2. Notice List. Applicants must create and submit a Notice List as part of applications that require written notices to be sent. The Notice List must be:
• compiled using the latest available records;
• compiled no more than 30 calendar days before the pre-submittal community meeting; and
• updated no more than 30 calendar days before the date the Application is accepted by the Planning Departments, Development Application and Regulatory Coordination (DARC) Division, Intake Section staff.
(a) Individuals and groups included. Individuals and groups that must be on the Notice List are defined as follows:
i. Abutting and Confronting Property Owners. The applicant must compile the names and addresses of the owners of properties that are adjacent to the project site or directly across a right-of-way, of a width of less than 80 feet, from the project site. This list must be based on tax assessment ownership records from the Maryland Department of Assessments and Taxation (SDAT), Real Property Database. If an abutting or confronting property includes a multi-unit building (residential, non-residential, or mixed use), the Notice List must include the property owner, the building management company, and the condominium association, if any. The list must also include any individual unit owner or renter in the building who has registered to receive notices on the MNCPPC website. If an abutting or confronting property is a recorded open space parcel for a subdivision, the applicant’s Notice List must include the homeowners’ association, condominium association, or renters’ association and any individual owner of a property in that subdivision that is located within 300 feet of the subject property.
ii. Civic, Community, Condominium Associations, Homeowners’ and Renters’ Associations, and Municipalities.
a. The civic, community, condominium and homeowner’s associations that have registered with M-NCPPC4 and are either: a) located within a half-mile radius of the center point of the subject property; or b) an association that has requested to receive notices for all development applications. At staff’s discretion, this list may be expanded for large or unusually shaped properties to include associations within a half-mile radius from a point or points along the property boundary, or to include a larger radius from the center point.
b. For a project that proposes to amend only a part of a site which is covered by an approved preliminary and/or site plan, and the site has been partially constructed, sold, and occupied, the project’s Notice List is generated from the boundary of the amendment area. Property owners, including any individual unit owner or renter in a multi-unit building within the area being amended who has registered to receive notices on the MNCPPC website, must be included in the Notice List. Residents who are not property owners within the constructed part of the site must be notified of the proposed project through their HOA or Community Association.
c. Planning staff may require the applicant to add to the applicant’s Notice List any common ownership association or civic association listed in the Planning Department’s records that abuts or confronts a public facility not adjacent or close to the project site, but which may require construction or improvement because of the proposed project. If required during plan review, as opposed to initial application, this notice must be directed to each designated association no later than 30 calendar days before the Board’s hearing on the application.
iii. Pre-Submittal Community Meeting Participants. An applicant for certain plan types is required to hold a community meeting before the application is submitted to the Planning Department. Only meeting participants who have asked to receive future notices are required to be on the Notice List.
iv. Parties of Record from Previous Plan Applications. If a project site has an approved plan, and an applicant applies for a plan amendment, individuals or groups that were identified as Parties of Record in the earlier plan application must be added to the Notice List of the current plan application. For example, a Notice List for a preliminary plan Amendment would include all individuals and groups who were identified as Parties of Record for the original preliminary plan application, in addition to those who meet the criteria covered above.
v. Others. The DARC Division – Intake Section must be included on the applicant’s notification list. The applicant and members of the applicant’s team who wish to receive notices should also be included.
(b) Updates Required. The applicant must update the notice list of adjoining and confronting property owners if the application is pending for more than 6 months after the final application is accepted, and provide the new list to the DARC Division for use in sending hearing notices.
B. Pre-submittal Community Meetings. For a sketch plan, preliminary plan, or site plan, the applicant must hold at least one public pre-submission meeting no more than 90 calendar days before the initial application date. The purpose of the meeting is to explain the proposed project, address concerns about its impact on the community, and notify those attending of their right to participate in the review process. The applicant must expressly invite all individuals on the Notice List and must also post one or more signs that are visible from the street on the property. The meeting must be held on an evening or a weekend, in a location convenient to the proposed development site. The applicant must provide a sign-in sheet at the meeting so that attendees can identify themselves.
C. Site Posting. In addition to site posting required for notice of the pre-submission meeting, the applicant must post one or more signs at the development site for the plans noted above, indicating that an application has been filed. The applicant must:
1. pay all costs associated with the sign posting requirements;
2. monitor the signs and replace any damaged or illegible signs; and
3. maintain posted pre-submittal meeting signs until the date the meeting is held, and application signs throughout the review of the application.5
i. Pre-Submittal Community Meeting signs must be posted at least 15 days before the meeting is held.
ii. Signs to advertise the filing of the application must be posted before the application is accepted.
(b) Sign Specifications. The applicant and its sign vendor, if any, must follow the Sign Template for sign content and lettering specifications. The Planning Department may modify these requirements in special circumstances to assure that all signs will be visible to the public.
(c) Posting specifications. The required number and location of posted signs are as follows:
i. A minimum of one sign must be placed parallel to each public or private street that is adjacent to the property.
ii. If the frontage for a street adjacent to the project site is more than 500 feet long, an additional sign must be posted adjacent to the street for every 500 feet of frontage.
iii. Signs are not required to be placed along and adjacent to a freeway.
iv. Signs must be placed on the property in the most visible location available in such a manner that landscaping or other features do not impair or obstruct the visibility of the signs from the street.
v. Signs must be posted within the project site, no more than 10 feet behind the property line adjacent to a street right-of-way or the access easement covering a private street.
vi. Signs must not be placed within a street right-of-way or private street access easement.
vii. For a large site or one with unusual constraints, the requirements listed above may be modified by Planning Department staff to provide good visibility of posted signs.
(d) Posting information. Posted signs must contain the following information.
i. Signs advertising a Pre-Submittal Community Meeting must include:
a. meeting date, time, and place;
b. purpose of the meeting; and
c. applicant’s contact information.
ii. Signs advertising the submission of the application must include:
a. project name as it appears on the accepted application;
b. project number, as assigned by the Planning Department at the time of the application submission;
c. type of plan (i.e., preliminary plan, site plan, etc.);
d. size and zoning of the site;
e. each proposed use, and its associated proposed number of dwelling units, if residential use is proposed, and/or square footage of all non-residential buildings identified by type (i.e., office, retail, etc.); and
f. Planning Department contact information.
1. Timing. Required written notice must be sent per the following table:
| Pre-submittal Community Meeting1 | | |
| At least 15 days before meeting | Before application is accepted | |
|
At least 15 days before meeting | No more than 5 days after application is accepted | At least 10 days before hearing date |
Posting on Planning Board Agenda | | | At least 10 days before hearing date3 |
| | | Planning Department Staff |
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1 Must occur no more than 90 days before an application is filed.
2 By First-Class Mail or email. To receive email, the party receiving the notice must have specifically requested it.
3 At least 7 calendar days before the Board meeting for a plan application that will be reviewed by the Board but acted on by another agency.
2. Standards. Written notice sent by the applicant and Planning Department staff must meet the following standards:
(a) Pre-submittal Community Meeting. The notice letter must be sent to everyone on the Notice list and must contain:
i. date, time, and place for the meeting;
ii. date that the notice is sent;
iii. name and contact information of applicant or applicant’s representative. The listed individual must be available to provide further information about the proposed project and respond to any reasonable public request;
iv. proposed project name;
v. type of application that will be filed;
vi. property street address or other easily understood geographical reference to the location of the project site;
vii. property size and zoning;
viii. proposed use and density of development; and
ix. website and phone number for the DARC Division.
i. Notice letter. The notice letter must be sent to everyone on the Notice list and any individuals who requested notice at the pre-submittal community meeting and must contain:
a. application number, as assigned by the Planning Department;
b. date that the notice was sent;
e. property street address or other easily understood geographical reference to the location of the project site;
f. property size and zoning;
g. proposed use and density of development, and if the application is an amendment to an approved plan, the changes that are proposed;
h. tentative Board hearing date scheduled by the Planning Department, if applicable;
i. deadline date for receiving comments on the application, if applicable; and
j. contact address and phone number for the DARC Division.
ii. Notice letters for applications submitted for Director approval. The applicant must expand the notice list under subsection 50.10.01.04.A.2 above, to include all other parties of record noted in any previous files related to the current amendment, and mail the notice to all parties. In addition to the items in subsection 50.10.01.04.D.2(b)i above, the notice letter must include a deadline (at least 15 days after the mailing date of the notice) for the submission of comments regarding the application.
iii. Additional items. The following attachments must be included with the notice letter:
a. Separate, legible 11" x 17" copy of the applicant’s proposed plan drawing for the project.
b. Latest version of the Planning Department’s brochure, entitled “How to Participate Effectively in the Development Review Process”.
i. Written notice. The notice must be sent to everyone on the notice list, anyone who requested notice at the pre-submittal community meeting or any other time during application review, and any individuals who submitted written comments regarding the application. The notice must contain:
a. date and location of the meeting;
e. property size and zoning;
g. description of the proposed development.
ii. Website posting. The Board holds hearings to review and act on some Plan Applications that are under its jurisdiction. It also holds hearings to provide comments on a Plan Application that is to be acted on by another body. Hearing items are listed in an agenda that typically occurs weekly, on every Thursday, through most of the calendar year. Specific times are set aside during the year for breaks in the agenda schedule. The Board’s Weekly Agenda provides a notice for the general public of items to be reviewed by the Board, and public access to a staff report for each item where one is required. Information that can be found for each item on the agenda includes:
a. project name and plan number;
b. brief description of the application and project site;
c. area Team lead review staff name;
d. staff recommendation and link to the staff technical report, if required; and
e. item number on the agenda and approximate time of day that the Board will take up the item.
4 Applicants may use the Association Finder Interactive Map tool, a GIS-based map created and maintained by the Planning Department for convenience.
5 If an applicant does not maintain a properly posted sign on the project site, the Board may postpone a hearing on the application until the applicant has demonstrated that the site has been properly posted for at least 30 consecutive calendar days. Signs may be removed from the property after Board or Director action, as required, has been taken on the application.
