In any particular case where by reason of exceptional
topographic or other physical conditions, strict compliance with any
requirement of these Regulations would cause practical difficulty
or hardship, the County may relax such requirement to the extent deemed
just and proper, so as to relieve such hardship, provided such relief
may be granted without detriment to the public good and without impairing
the intent and purposes of these Regulations or the desirable general
development of the neighborhood and the community in accordance with
the adopted Master Plan and the Zoning Code.
A.
Any interested person whose property is effected by
any decision of the Director of Planning, may within 30 calendar days
after the filing of such decision, appeal to the Circuit Court for
Harford County. Upon the hearing of such appeal, the decision of the
Director of Planning shall be presumed by the Court to be proper and
to best serve the public interest. The burden of proof shall be upon
the appellant, or appellants, to show that the decision complained
of was illegal. The said Court shall have the power to affirm, modify
or reverse in part or in whole any decision appealed from and may
remand any case for the entering of a proper order or for further
proceedings, as the court shall determine.
B.
An appeal may be taken to the Court of Special Appeals
of Maryland from any decision of the Circuit Court for Harford County.
If any section, subsection, paragraph, sentence
or phrase of these Subdivision Regulations is for any reason held
to be invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions thereof.
[Added by Bill No. 12-50]
Notwithstanding anything to the contrary in the Zoning Code
or Subdivision Regulations, major subdivision is defined as a residential
subdivision of a parcel as it existed on December 31, 2012, that is
greater than 7 lots for the purpose of the Maryland Sustainable Growth
and Agricultural Preservation Act of 2012, adopted by the Maryland
General Assembly during the 2012 legislative session and effective
July 1, 2012.
