Md. Code Regs. 13B.07.04.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13B.07.04.04 - Site Selection

A. The general location for each proposed college or addition to a college shall be selected by the board of trustees for the college concerned, and submitted for the approval of the Commission and the Board of Public Works through the Department of General Services, which shall seek comments and recommendations from the Maryland Department of Planning.

B. The comments and recommendations shall be attached to and made a part of the document submitted to the Board of Public Works. Selection and purchase of a specific site shall be in accordance with this chapter.

C. Specific Site Selection Procedure.

(1) The board of trustees of the college shall study the available sites and have prepared a report that ranks the available sites in order of preference. Technical data, including proximity within Maryland Department of Planning Growth and Conservation planning areas and a site check list, shall support this ranking.

(2) The board of trustees of the college may, at its discretion, authorize obtaining the following on any of the available sites as the board of trustees considers appropriate:

(a) Surveys;

(b) Appraisals;

(c) Test borings; and

(d) Title searches.

(3) State participation in these technical studies shall be limited to the study of one site.

(4) The college shall identify the specific tentative site selected and advise the Secretary of its selection.

(5) Material supporting the selection of the specific site in §C(4) of this regulation, including an analysis of alternative sites which were considered, shall be submitted to the Secretary. The Secretary shall submit these documents to the Department of General Services and the Maryland Department of Planning for their confidential review and findings.

(6) The board of trustees of the college, when it considers it desirable, upon written petition from the citizenry, or upon request by the county government, may conduct a public hearing. If a public hearing is held, formal minutes shall be taken and copies of these minutes shall be included as part of a formal submission to the Commission.

(7) The approval of a specific site shall be made in accordance with applicable local and State statutes.

(8) The Secretary shall notify the college of the responses of the Department of General Services and the Maryland Department of Planning.

(9) After the notification in §C(8) of this regulation, the board of trustees of the college shall authorize negotiations with the owner or owners and the obtaining of an option or options for a particular site purchase, contingent upon the approval of the Board of Public Works.

(10) The college shall request that the Secretary obtain the approval of the Commission to purchase the specific site. The Commission shall forward its recommendation together with the option or options, and two independent appraisals for each parcel, to the Board of Public Works through the Department of General Services for its final approval of the specific site.

(11) When it is not possible to obtain an option on a specific site or portion of a site, the board of trustees shall request the Secretary to inform the Board of Public Works that an option is not obtainable but that the board of trustees plans to proceed to acquire the specific site or portion of the site through other means. If condemnation is subsequently necessary, the board of trustees shall authorize that action and inform the Secretary.

(12) The Board of Public Works is not bound to approve State participation in any judgment rendered by a jury or court in condemnation proceedings.

Md. Code Regs. 13B.07.04.04

Regulation .04C amended effective 41:6 Md. R. 380, eff.3/31/2014 ; amended effective 43:25 Md. R. 1385, eff. 12/19/2016