Section 15-853 - Definitions.
§ 15-853. Definitions.
(a) In general.- In this part the following words have the meanings indicated.
(b) Aggrieved party.- "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.
(c) Applicant.-
(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 that is an officer or 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 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 that is hired or retained as an accountant, attorney, architect, engineer, land use consultant, economic consultant, real estate agent, real estate broker, traffic consultant, or traffic engineer.
(d) Application.- "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 Article 23A, § 9(c) of the Code for the Board 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 easement or other interest in real property as part of an agricultural land preservation program.
(e) Board.- "Board" means the Board of County Commissioners for Frederick County.
(f) Board member.- "Board member" includes an individual elected or appointed to the Board or a candidate who takes the oath of office for the Board.
(g) Business entity.- "Business entity" means:
(1) a sole proprietorship;
(2) a corporation;
(3) a partnership; or
(4) a limited liability company.
(h) Candidate.- "Candidate" means a candidate for the Board who becomes a member of the Board.
(i) Contribution.- "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.
(j) Partnership.- "Partnership" includes a general partnership, a limited liability partnership, a limited partnership, a limited liability limited partnership, or a joint venture.
(k) Party of record.- "Party of record" means a person that participated in a proceeding on an application before the Board by appearing at a public hearing or filing a statement in an official record.
(l) Pendency of the application.- "Pendency of the application" means any 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; or
(2) the expiration of 30 days after:
(i) the Board has taken final action on the application; or
(ii) the application is withdrawn.
(m) Political committee.- "Political committee" means a committee specifically created to promote the candidacy of a Board member who is running for an elective office.
(n) Treasurer.- "Treasurer" has the meaning stated in § 1-101 of the Election Law Article.
[2007, ch. 474; 2010, ch. 52.]