Baltimore County’s updated and revised planned unit development (PUD) regulations offer an innovative approach to land use approvals.

PUDs Defined

PUDs are defined in a widely quoted New Jersey court decision as “getting away from the Euclidean principle of blocking out designated districts for specific uses, and instead permitting a variety of uses within already established districts and to permit deviation from bulk, density and setback requirements.”

Recognizing that the planned unit development concept is not new, PUDs can be traced to the Model Planning Enabling Act of 1925, when the Act provided that “the legislative body [could] authorize the planning board to make changes [to the zoning map] upon approving subdivision plats, when the owner submitted a plan designating the lots upon which apartment houses and local shops are to be built.”

Although available since the 1920’s, planned unit developments were not widely utilized across the country until the 1960’s. Reportedly, the first PUD built in response to an enabling ordinance, was developed in Prince Georges County, Maryland in 1949. It “permit[ed] the development of a large tract of land as a complete neighborhood unit, having a range of dwelling types, the necessary local shopping facilities and off-street parking areas, parks, playgrounds, school sites, and other community facilities.”

Baltimore County adopted a PUD enabling regulation in 1970, and later adopted a PUDC for purely commercial uses, but the regulation was never popular and is often cited as the reason the County has had little large scale development.

New General PUD

With the enactment of Bill 130-2005, Baltimore County updated and revised its then only one year old prior overhaul of the PUD regulation with a re-enacted new “general” planned unit development, “senior housing” planned unit development and “bed-and-breakfast” planned unit development. This article reviews the new general PUD approval process.

The new PUD review and approval process is substantially similar to the existing development plan approval process with two major exceptions.

County Council Commences Review

The first exception is that, the PUD process commences with an application “to the County Council member in whose district the PUD is proposed to be located”. That application includes “a conceptual and schematic representation of the proposed development.” If the Council finds the site is “eligible” and that the proposed PUD will achieve a development of substantially higher quality than a conventional development, upon 10 business days prior notice, the Council may by resolution approve the continued review of the PUD. One of the revisions to the County’s prior PUD process was to expand the land “eligible” for a PUD to now include any land located within the urban rural demarcation line (URDL). The historic requirement that eligible land had to be mapped on an annual PUDC opportunities map has been eliminated.

In a related change to the provision of the 2005 enactment making all land within the URDL eligible for a PUD, limitations were also relaxed on the ‘uses’ permitted, that had previously been restricted to uses permitted only within the underlying zoning district. That is, in a general PUD residential uses are permitted (subject to the compatibility requirements of the County Code) and nonresidential uses permitted, as a matter of right or by special exception, in a B.L., B.M., B.R., B.M.M., B.M.B., OR 1, OR 2, O-3, OT or S.E. zone are permitted in any underlying nonresidential zone. In a C.B. or B.L.R. zone, only those listed uses are permitted.

Upon Council approval, the applicant must proceed to an Informational Conference with County agencies. This is the same Conference that is optional under the existing development review process and is little more than an informal exchange of information.

A Concept Plan must then be submitted to the Department of Permits and Development Management (PDM) within 90 days of adoption of the Council resolution. That Concept Plan is substantially the same as the plan that initiates the current development process, but this Plan must include additional information that contrasts what is proposed with what could be developed without a PUD, and a Pattern Book that details architecture and site design.

With the enhanced significance that will be attributed to the Concept Plan submittal, this series of plans and written text will almost certainly require significant up front engineering and architectural detail coupled with legal drafting, all of which would not ordinarily be undertaken until much later in a project. And an applicant may submit more than one Concept Plan so that multiple alternatives may be provided for review.

As with a development plan, a Concept Plan Conference is chaired by PDM within 10 working days of acceptance of the PUD Concept Plan. Comments are received from County agencies and the date and location of the Community Input Meeting are determined.

Within 10 working days of the Concept Plan Conference, the property is posted advising the public of the Community Input Meeting that will be held between 21 and 30 days after posting. An additional Community Input Meeting may be required.

Planning Board Approval

Within 30 days of the Community Input Meeting, the Office of Planning will provide a report on the PUD to the Planning Board, including any recommended changes. This is the second major exception to existing development process. That is, the Planning Board is the de facto approving authority of a PUD. It must conduct a public hearing and approve or deny the Concept Plan, within 45 days after referral to the Board.

The Hearing Officer, within 20 days after receipt and review of the report of the Planning Board shall (1) deny the Concept Plan only upon a finding that the decision of the Planning Board constitutes an abuse of the Planning Board’s discretion or is unsupported by the documentation and evidence presented to the Board; or (2) in the absence of a finding under (1), approve the Concept Plan.

Absent an appeal, it is possible that a PUD could be approved in as little as 180 days, however, experience with this body of regulation would indicate that a year or more is the likely time frame for approval. An aggrieved party may file an appeal with the Board of Appeals within 30 days of the Hearing Officer’s order and the Board must commence the appeal hearing no more than 60 days from the order.

Following approval of the Concept Plan by the Hearing Officer, an applicant must, within one year, file a Development Plan with the DPM. DPM must approve the Development Plan if it materially conforms to the Concept Plan as approved by the Hearing Officer, subject to any non-material modifications the DPM may require. The decision of DPM is also subject to appeal.

Conclusion

Despite the express language in the County’s regulations that a PUD “is neither a zone nor a district,” be fully aware that the legal effect of approving a planned unit development is that of rezoning to a ‘private zone,’ a property owner should proceed cautiously in taking advantage of the PUD technique.

Given that Maryland is a late vesting jurisdiction and that Baltimore County does not enter into development agreements (even for projects constructed in phases), the updated PUD regulation offers an innovative and flexible approach to zoning that will enable large scale and mixed use development and other quality building that will benefit the public good.