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MC DPS Site Plan Enforcement Section

Frequently Asked Questions 


 1.  What is the Site Plan Enforcement Section?

DPS’s Site Plan Enforcement Section (SPES) is a plan review and inspection unit within MC DPS assigned to review / inspect all requirements of projects that require Certified Site Plans by M-NCPPC.  This unit is responsible for permit review as well as inspections including pre-construction meetings, regular site inspections, and specific inspections that are required at certain points within the life of a project and prior to acquiring commercial permit use and occupancy.  SPES also investigates complaints and initiates and coordinates enforcement action(s) relative to Certified Site Plan compliance.

 2.  Every construction project is said to have a site plan associated with it.  What is the difference between other site plans and Certified Site Plans?

 When a project receives official approval from M-NCPPC, the amount and level of detail required for that project’s design is specified by M-NCPPC.  This includes not only zoning requirements, but also requirements that will ultimately reflect the quality of that development.  Certified Site Plans reflect the highest level of detail M-NCPPC can require for development withinMontgomeryCounty.  These plans act as the overall controlling legal requirements for a project and all permit and construction activities must abide by them. 

 3.  Is SPES a zoning enforcement function of MC DPS?

 SPES represents the Zoning authority for both review and construction inspection for Certified Site Plans ONLY.  All other zoning enforcement (for DPS Zones) is conducted by DPS’s Zoning Enforcement Section.

 4.  Where does DPS SPES’s authority come from?

MC Chapter 59 specifies M-NCPPC responsibilities regarding the enforcement of Certified Site Plans.  In August 2006, the Montgomery County Planning Board and the Department of Permitting Services (DPS) crafted a Memorandum of Understanding that transferred to DPS enforcement of site plans on those developments that are subject to certification through MNCPPC. 

 5.  Do SPES team members work for M-NCPPC?

No.  SPES is part of the Building Division within MC DPS.

6.  What is the difference between M-NCPPC’s inspection responsibilities and MC DPS SPES’s  responsibilities on projects requiring Certified Site Plans?

M-NCPPC inspects and enforces all elements and requirements of the Forest Conservation Law ONLY.  All other Certified Site Plan requirements are inspected and enforced by MC DPS SPES.

7.   What kind of enforcement action can be implemented on projects requiring Certified Site Plans?

If non-compliance to the Certified Site Plan warrants enforcement action, DPS’s SPES may issue Notices of Non-Compliance (NONC) and corrective orders, citation(s), Stop Work Orders or a combination thereof.  SPES also ensures that specific design and amenity requirements are satisfied at certain critical points during the life of a project as specified on the Certified Site Plan.  If these requirements are not met, SPES will withhold any further building permits from issuance until these requirements are met.  SPES can also withhold Use and Occupancy for commercial building permits if pertinent requirements of the Certified Site Plan are not met.  M-NCPPC also reserves the right to issue additional enforcement action for SPES NONC items.  If warranted, M-NCPPC is coordinated with DPS’s SPES.

 8.  Can DPS SPES change or amend requirements of Certified Site Plans?

No.  All considerations to change or amend any requirement of a Certified Site Plan must be made by M-NCPPC.

 9.  What can be done if a developer and/or contractor finds that it is impossible for them to comply with any particular requirement on a Certified Site Plan.

In such cases, the developer and/or contractor should contact DPS’s SPES to document the situation.  The developer and/or contractor are responsible to appeal to M-NCPPC to change or amend the Certified Site Plan if any requirement(s) of the Certified Site Plan cannot be met. Enforcement action by DPS SPES may be taken until all Certified Site Plan requirements are met.

 10. How do I contact the appropriate DPS SPES Certified Site Plan review and/or inspection staff? 

Contact DPS SPES Manager Ehsan Motazedi at 240-777-6321 or at Eshan.Motazedi@montgomerycountymd.gov. or click here to see the inspection map.