The purpose of this article is to provide a guide which outlines
the general procedural requirements for land use, zoning and annexation
requests in Bel Air. These procedures are detailed in an effort to
assist the public and to simplify the development process as recommended
in the Town of Bel Air Comprehensive Plan.
If a preliminary site plan is approved or approved conditionally,
the applicant must provide a final site development plan and all associated
plans for applicable signatures. A plan is not determined to be final
until all such plans are executed.
[Amended 11-25-2011 by Ord. No. 744-11; 9-16-2019 by Ord. No. 792-19]
If a preliminary subdivision plan is approved or approved conditionally, a final plat of the subdivision plan must be submitted for recordation, along with a final forest conservation plan as required by Chapter
216, Forest Conservation, of the Bel Air Town Code. If approved with conditions, the Planning Commission's approval letter shall state the basis for any required improvements. Upon verification of adequacy, the plan shall be signed by the Chairman of the Planning Commission, the Director of Public Works, and the Health Department. A second original Mylar of the plat recorded in the Harford County land records shall be provided for the files of the Town Department of Planning and Community Development. All amendments to any record plat shall be copied to the Town as well. Any parcel consolidation or lot line adjustment may be reviewed and approved by the Zoning Administrator.
[Amended 4-3-2017 by Ord.
No. 780-17]
A landscape plan is required for all development projects. Larger lot development plans, as discussed in Article
VI of this Part
2, may also require a forest conservation plan. The plans shall be submitted with the preliminary plan and shall meet requirements set forth in Article
VIII of this Part
2 and the latest edition of the Town Landscape Manual. The review process is as follows:
A. The applicant shall submit a landscape plan, including a forest stand
delineation or environmental assessment, identifying all streams,
floodplain zones, and nontidal wetlands, along with the preliminary
plan.
B. Plans will be reviewed by the Zoning Administrator for completeness and conformance with Article
VIII of the Town of Bel Air Development Regulations.
C. Plans will then be submitted to the Planning Commission, if applicable,
for final review.
D. A forest conservation plan shall be submitted in accordance with Town Code requirements and in conformance with Article
VI of this Part
2.
E. Approved plans shall be fully implemented and certified prior to
issuance of a use and occupancy certificate. Surety shall be provided
prior to notice to proceed with construction.
[Amended 9-16-2019 by Ord. No. 792-19]
[Amended 4-3-2017 by Ord.
No. 780-17]
A stormwater management permit is required for all development unless specifically exempted. Variances are delineated in Chapter
405, Stormwater Management, of the Bel Air Town Code. The stormwater management permit process is as follows:
A. For any proposed development, the owner/developer shall submit phased stormwater management plans to the Town for review and approval. At a minimum, plans shall be submitted for the concept, site development and final stormwater management construction phases of project design. Each plan submittal shall meet the requirements of the Design Manual and other provisions of Chapter
405, Stormwater Management, of the Bel Air Town Code.
B. The applicant's engineer shall submit a cost estimate with the final
stormwater management review documents.
C. The applicant's engineer shall certify construction of all stormwater
management facilities upon completion of the facilities.
D. The applicant shall submit a maintenance schedule and execute a maintenance
agreement for the facility(ies) which shall be recorded in the land
records of Harford County.
A public works agreement (PWA) is required for any subdivision
or development project where it is necessary for the developer/owner
to construct roads, utilities or other facilities which will be conveyed
to the Town for ownership, operation and maintenance. The PWA shall
specify the necessary improvements and construction methods by reference
to an engineering plan approved by the Town.
A. The necessary roads, utilities and/or facilities shall be as required
by the Director of Public Works and approved by the Planning Commission
and/or the Board of Town Commissioners.
B. The necessary roads, utilities and/or facilities are first identified
during the concept plan review meeting, if applicable, and further
detailed as part of the preliminary site plan review process.
C. After the final site plan is approved, the PWA is drafted by the
Director of Public Works and reviewed by the developer/owner.
D. Prior to executing the PWA, the developer/owner shall have:
(1) Final construction drawings approved by the Town;
(2) A grading permit approved by the Town;
(3) A stormwater management permit and maintenance agreement for private
stormwater management systems (if applicable) approved by the Town
(the stormwater maintenance agreement must be entered in the Harford
County land records);
(4) Sewer and/or water construction permits (as applicable) approved
by the State of Maryland;
(5) A cost estimate for the total scope of construction for public improvements
approved by the Town;
(6) All necessary easements, cross easements and other agreements with
the Town and/or third parties, signed and entered in the Harford County
land records, as necessary;
(7) A properly executed payment and performance bond for the total cost
of the construction; and
(8) The developer/owner shall have satisfied any other requirements as
previously determined by the Director of Public Works.
E. The Board of Town Commissioners shall approve the PWA and authorize
the Town Administrator to execute the PWA for the Town.
F. The developer/owner and the Town shall execute the PWA.
G. No construction is to start until the Director of Public Works issues
a written notice to proceed.
[Amended 10-1-2012 by Ord. No. 754-12; 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19]
A building permit is required for the construction, alteration,
demolition (or movement) or change of use of a structure, as well
as the installation or alteration of any regulated equipment. A shed
permit is required for a structure under 200 square feet and is regulated
as an accessory structure. Except for single-family dwellings, any
new construction and/or renovations exceeding 2,000 square feet or
expansion of more than 5% of an existing structure require Planning
Commission approval. The Zoning Administrator is authorized to review,
approve or disapprove projects under 2,000 square feet or less than
5% of the existing structure. Once an application for a building permit
has been submitted to the Department of Public Works, the Department
of Planning and Community Development reviews to determine whether
all requirements of the Town of Bel Air Development Regulations are
met. Before a building permit is issued by the Building Official,
all required easements, property conveyances (including deeded rights-of-way),
stormwater management permits, grading permits, other state and local
permits, cross-easement agreements, fees, bonds, etc., must be executed
and, if applicable, entered into the land records of Harford County.
An approved sign permit is required prior to placement or action toward placement of any sign as specified in Chapter
165, Part
3, of the Town of Bel Air Development Regulations. Application for a sign in an historic district or on a designated historic site is subject to approval by the Historic Preservation Commission prior to issuance of the permit. The sign permit process is as follows:
A. The applicant shall submit a formal application accompanied by a
scale drawing showing size, location, design, color scheme and footings,
if applicable, for approval of the proposed signage.
B. The applicant shall provide any additional information determined necessary by the Zoning Administrator in order for the Zoning Administrator to make a determination of the request's merit. The review shall be based on Article
XV, Sign Regulations, of Chapter
165, Part
3, of the Town of Bel Air Development Regulations and any pertinent design standards as specified in Article
IV, Overlay Districts, or Article
V, Historic Resource Conservation Regulations, in the Town of Bel Air Development Regulations.
C. The request is approved or denied by the Zoning Administrator and
the Historic Preservation Commission, if applicable.
D. Aggrieved parties may file an appeal to the Board of Appeals within
30 days of the decision.
[Aended 9-16-2019 by Ord.
No. 792-19]
A. A use and occupancy certificate shall be issued by the Town of Bel
Air Building Official and Town of Bel Air Zoning Administrator, or
their designees, prior to the use or occupancy of any structure. Property
owners shall be responsible for submitting a request for a use and
occupancy certificate prior to occupying a property in order to ensure
that all zoning, building and Fire Code requirements are satisfied.
Requests are submitted to the Department of Public Works. Both the
Department of Planning and Community Development and the Public Works
Department review the request to ensure all Code requirements are
satisfied. The property owner of a multitenant commercial and/or industrial
structure shall be responsible for applying for a use and occupancy
certificate each time the use of the structure or the occupant of
any tenant space changes, except as hereinafter provided.
B. A corporate office, as defined in Article
XIV hereof, may be issued a blanket use and occupancy certificate for the corporate office building. A separate use and occupancy certificate would not be required for each tenant space located within the corporate office building, provided the tenant space is occupied only by tenants in the same use classification as approved on the blanket use and occupancy certificate. However, notwithstanding the foregoing, any substantial alteration of a tenant space shall require a separate use and occupancy certificate prior to occupancy as provided above.
Home occupations and professional offices occupying not more than 300 square feet and employing only persons who are members of the household are permitted as of right. Such uses are considered an accessory use per Article
X of this Part
2. A home occupation certificate is required. Certification of home occupation and professional office uses is subject to the following procedures and requirements:
A. The applicant shall submit a formal application for approval of the proposed accessory use, along with an annotated list of applicable performance standards as outlined in Article
VII of this Part
2, to the Town Department of Planning and Community Development.
B. The applicant shall provide any additional information determined necessary by the Zoning Administrator in order for the Zoning Administrator to make a determination of the request's merits. The review shall be based upon the performance and development standards specified in Article
VII of this Part
2.
C. The request is approved or denied by the Zoning Administrator.
D. Aggrieved parties may file an appeal to the Board of Appeals within
30 days of the decision. Home occupations and professional offices
occupying more than 300 square feet or employing a person not a member
of the household may be permitted as a special exception if Development
Regulations criteria are satisfied and the application is approved
by the Board of Appeals. One employee who is not a member of the household
is permitted by right in the Transition Overlay District. Three employees
or tenants who are not members of the household are permitted as a
special exception in the Transition Overlay District. The certification
procedures remain the same.
[Amended 2-21-2012 by Ord. No. 748-12]
An approved fence permit is required prior to construction of a fence, as specified in Article
X of this Part
2. The fence permit process is as follows:
A. The applicant shall submit a formal application to the Zoning Administrator,
accompanied by a sketch showing the plan of the proposed fence.
B. The applicant shall provide any additional information determined necessary by the Zoning Administrator in order for the Zoning Administrator to make a determination of the request's merit. The review shall be based on the accessory use requirements as described in Article
X of this Part
2 and any pertinent design standards as specified in Article
V, Historic Resource Conservation Regulations, in this Part
2.
C. The request is approved or denied by the Zoning Administrator.
D. Aggrieved parties may file an appeal to the Board of Appeals within
30 days of the decision.
E. Application
for a fence in an historic district or on a designated historic site
is subject to approval of the Historic Preservation Commission prior
to issuance of the permit.
Annexation of properties into the Town shall be initiated in
accordance with Maryland state law. Initiation may occur through two
means, pursuant to the Annotated Code of Maryland: initiative of the
Board of Town Commissioners or request by the property owner. The
process is as follows:
A. The applicant shall submit written consent from the owners of 25%
of the assessed value of land in the area to be annexed and/or 25%
of the voters in the area in the form of a petition in order to initiate
the annexation process.
B. If the petition is accepted by the Board of Town Commissioners, an
annexation plan, in accordance with the Local Government Article,
of the Annotated Code of Maryland, shall be adopted by the Board of
Town Commissioners. The annexation plan shall be forwarded to Harford
County, Maryland Department of Planning and the Baltimore Metropolitan
Council for comments at least 30 days prior to the required public
hearing. Copies of the annexation plan shall also be available for
public review.
[Amended 4-3-2017 by Ord.
No. 780-17]
C. The annexation plan shall include a description of the area to be
annexed, a description of available land for public services needed
to service the proposed use, a statement describing the schedule for
extending services to the area to be annexed, and a general description
of the methods anticipated to finance the extension of municipal services
into the area.
D. Following the review period, a resolution for the annexation shall
be introduced, which shall include a description of the land to be
annexed, any proposed conditions and the proposed zoning designation
of the property.
E. Notice of the annexation proceeding shall be published for four weeks
at weekly intervals, or, if 25 acres or less, two times at weekly
intervals, prior to public hearings. Appropriate intergovernmental
bodies shall also be advised and involved.
F. Public hearings shall be held at least 15 days after the last newspaper
notice.
G. The Board of Town Commissioners approve/disapprove the resolution.
H. If approved, a summary of final resolution of the Board of Town Commissioners
shall be published four times in four consecutive weeks.
I. The Town shall submit information to the State Department of Legislative
Services as required by the Local Government Article of the Annotated
Code of Maryland.
[Amended 11-25-2011 by Ord. No. 744-11; 4-3-2017 by Ord. No. 780-17]
J. For 45 days following approval, referendum may be initiated. If disapproved
by the Board of Town Commissioners, the annexation process is terminated.