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Terms Used In Maryland Code, LAND USE 6-204

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
(a) A public sewer or other public street utility or improvement may not be constructed in a street or highway until the street or highway is placed on the official map.

(b) A development permit may not be issued unless a street or highway giving access to the proposed development has been placed on the official map.

(c) (1) An applicant for a permit may appeal from a decision of the administrative officer in charge of issuing permits to an appellate board if:

(i) the enforcement of this section would entail exceptional difficulty or unwarranted hardship; and

(ii) the circumstances do not require the development to be related to existing or proposed streets or highways.

(2) In deciding an appeal under this subsection, the appellate board may make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout.

(3) A decision rendered under this subsection shall be subject to judicial review in the same manner and subject to the same provisions of law as a decision of a board of appeals on zoning regulations under Title 4, Subtitle 4 of this article.