Article VII District Regulations

§ 267-49 General provisions.

The principal uses permitted in each district are set forth in the Permitted Use Charts[1] and § 267-50 (Principal permitted uses by district). Uses permitted by right, temporary uses, special developments or special exceptions are set forth in each of the zoning districts. The minimum design standards and specific regulations for each district are set forth in § 267-51 (Requirements for specific districts) and in Tables 53-1 through 61-1.[2] Any use not listed is prohibited, unless the Director of Planning determines that it falls within the same class as a listed use as set forth in § 267-52 (Materially similar uses).

[1]

Editor's Note: The Permitted Use Charts are included at the end of this chapter.

[2]

Editor's Note: Tables 53-1 through 61-1 are included at the end of this chapter.

Uses permitted by right, temporary uses, special developments or special exceptions shall be subject, in addition to zoning district regulations, to all other provisions of this chapter.

§ 267-50 Principal permitted uses by district.

The Permitted Use Charts specify the principal permitted uses in each district. Only those uses with a letter designation are permitted, subject to other requirements of this Part 1. Uses designated as "P" are permitted uses. Uses designated as "SD" are permitted pursuant to the special development regulations in Article VIII of this Part 1. Uses designated as "SE" are special exception uses subject to approval of the Board pursuant to § 267-9 (Board of Appeals). Uses designated as "T" are permitted pursuant to § 267-28 (Temporary uses). A blank cell indicates that the use is not permitted.

§ 267-51 Requirements for specific districts.

This article sets forth the requirements for specific districts and includes the minimum lot area, area per dwelling or family unit, parcel area, lot width, yards, setbacks and maximum building height allowed for uses permitted for each district. Uses permitted under the special development regulations shall also comply with the requirements contained in Article VIII.

§ 267-52 Materially similar uses.

Uses not listed as a permitted use, temporary use, special development or special exception are presumed to be prohibited from the applicable zoning district. In the event that a particular use is not listed as a permitted use, temporary use, special development or special exception, the Director of Planning shall determine whether a materially similar use exists in this chapter. Should the Director of Planning determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the Director of Planning shall issue a zoning certificate pursuant to § 267-8 (Zoning certificates). Should the Director of Planning determine that a materially similar use does not exist, then the proposed use shall be deemed prohibited in the district.

§ 267-53 AG Agricultural District.

The purpose of this district is to provide for continued farming activities, conserve agricultural land and reaffirm agricultural uses, activities and operations within the agricultural zoned areas. It is the further purpose of this district to maintain, and promote, the rural character of this land as well as promote the continuance and viability of the farming and agricultural uses.

Agricultural use. An agricultural operation, facility or any of its appurtenances receiving an agricultural use assessment, pursuant to Maryland Code, Tax - Property § 8-209, shall not be considered a public or private nuisance as a result of changed land uses in or around the locality of the agricultural operation or facility. The operation of machinery, when used for agricultural purposes, shall be permitted at any time. Furthermore, any changes in said operation and in conformity with industry accepted horticultural, agronomic, animal husbandry, aquacultural and other agricultural standards does not constitute a nuisance.

General regulations.

(1)

Minimum lot area, maximum lot area, maximum average lot area per dwelling unit or family unit, building setback from adjacent residential lot lines, lot width, front, side and rear yard and maximum building stories, as displayed in Table 53-1,[1] shall apply, subject to other requirements of this Part 1.

[1]

Editor's Note: Table 53-1 is included at the end of this chapter.

(2)

Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).

(3)

Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).

(4)

Signage shall comply with requirements set forth in § 267-33 (Signs).

Specific regulations. Except as restricted by the conservation development standards in § 267-72 (Conservation development standards), the following uses are permitted, subject to the additional requirements below:

(1)

Agriculture. The operation of machinery, when used for agricultural activities, shall be permitted at any time.

(2)

Agricultural retail sales of an agricultural product or agricultural processed product, provided that the subject property receives an agricultural assessment, the subject property is owned or leased by the agricultural producer, a minimum of 50% of the agricultural product was grown or raised on the premises or other property in Harford County owned or leased by the producer, no more than 30% of the agricultural products can be agricultural products grown or produced on another Harford County farm not owned or leased by the producer, and that no more than 20% of the total area of the agricultural retail use or structure is dedicated to non-agricultural products or products grown or produced outside of Harford County.

[Amended by Bill No. 19-028]

(3)

Residential development, on parcels as described in the land records as of February 8, 1977, as provided below:

(a)

Residential development rights shall be calculated pursuant to the following guidelines:

[1]

One lot shall be permitted on any parcel of land that is more than 20,000 square feet and less than 11 acres.

[2]

Two lots shall be permitted on any parcel of land that is from 11 acres to 19.99 acres.

[3]

An additional lot shall be permitted for each additional 10 acres in excess of 20.

[4]

An additional lot shall be permitted for any member of the immediate family of persons who were individual owners of record (not corporate, partnership or joint-venture owners) of the parcel. Immediate family shall be limited to fathers, mothers, brothers, sisters, sons and daughters.

(b)

Any new lot created pursuant to Subsection D(3)(a)[1] - [4] shall be a minimum of 2 acres unless the lot is located in an Agriculture Preservation District established pursuant to § 2-501 et seq. of the Agriculture Article of the Annotated Code of Maryland, then the lot size shall be that as approved by the state.

(c)

Except for residential lots located on the property on which the agricultural operation occurs, private wells on residential lots shall be set back a minimum of 100 feet from any agricultural operation, facility or any of its appurtenances that has received an agricultural use assessment.

[Amended by Bill No. 11-04]

(4)

Development rights established in § 267-53 (AG Agricultural District) may be transferred from any parcel with an AG zoning located in the agriculture designation on the most recently adopted land use map as provided below:

(a)

All development rights, including family conveyances, are transferable, except 1 right for each existing dwelling unit. In no event shall less than 1 right be retained with the parcel.

(b)

Adjacent parcels under common ownership shall be considered 1 parcel.

(c)

Development rights shall be transferred only by agreement, deed, easement or other written document that shall be recorded in the land records of Harford County. The Department shall approve the document prior to recordation. An additional copy of the document transferring the development rights shall be delivered to the Director of Planning.

(d)

The document transferring the development rights, as required under Subsection D(4)(c) above, shall limit future development of, or transfer of, additional development rights where transferred. The document shall also identify, by metes and bounds, illustrated by map, the exact area from which the development rights are being transferred.

(e)

The parcel receiving the development rights, to achieve the density, in conformance with § 267-13H (Comprehensive zoning review), must be located in a Rural Residential or Rural Village designation as defined in the most recently adopted land use element plan. The number of development rights that may be transferred to the receiving property/parcel may be equal to the permitted density of Rural Residential (RR) or Village Residential (VR) zoning densities at 1:2 ratio.

(f)

Development rights transferred under this subsection may only be transferred once.

(g)

The Department of Planning and Zoning shall maintain a database of all documents transferring development rights pursuant to Subsection D(4)(d) above.

(h)

The Director of Planning shall submit to the County Council on an annual basis a report detailing the number of development rights transferred, the parcels from which the rights were transferred, the parcels receiving the development rights and the total acreage of agricultural land preserved under the program.

(5)

Notwithstanding the provisions contained in § 267-53D(4), development rights may be transferred from any parcel with an AG zoning to any other parcel with an AG zoning which is located within one-half mile of the parcel from which the development rights are being transferred, as provided below:

(a)

Up to 20% of the development rights available based on the total number of development rights as were permitted on the parcel as of February 8, 1977, shall be transferable except one right for each existing dwelling unit provided that in no event shall less than one right be retained with the parcel. The right to a family conveyance shall not be transferable.

(b)

Contiguous parcels under common ownership may be considered one parcel.

(c)

(d)

The document transferring the development rights which is recorded in the land records of Harford County as required under Subsection D(5)(c) above, shall limit future development on the parcel from which the development rights were transferred in accordance with the number of rights transferred.

(e)

The parcel receiving the development rights shall only be permitted to increase in development rights by up to 50% of the development rights as were permitted on the parcel as of February 8, 1977, excluding family conveyances.

(f)

Development rights transferred under this subsection shall only be permitted to be transferred once.

(g)

A parcel from which development rights have been transferred pursuant to this subsection, shall not be permitted to receive development rights pursuant to this subsection.

(6)

Rubble landfills are permitted pursuant to § 267-90 (Rubble landfills).

(7)

Fire stations with fire station assembly halls shall be permitted in accordance with the following:

(a)

Access to the fire station and the fire station assembly hall shall be from a collector or higher functional classification road as designated in the most recent version of the transportation element plan; and

(b)

Only 1 fire station with a fire station assembly hall is permitted in the AG District for each fire company.

(8)

Agricultural public events. These activities are permitted, provided the following criteria are met:

(a)

Minimum parcel area of 10 acres with an agricultural assessment.

(b)

The following setbacks shall apply unless otherwise specified:

[1]

Minimum of 100 feet from all property lines, except road frontage and 200 feet from any off-site residence. A Type "E" buffer, pursuant to § 267-30 (Buffer yards), shall be provided between the use and any public road, and any off-site residence.

[2]

Corn maze. Minimum of 25 feet from property lines and 200 feet from any off-site residence.

[3]

Farm tours. No setback for the use. The parking area shall be a minimum of 100 feet from property lines except road frontage and 200 feet from any off-site residence. This area shall be landscaped and buffered pursuant to § 267-29 (Landscaping) and § 267-30 (Buffer yards).

(c)

Must be owner or tenant operated.

(d)

No operation between the hours of 10:00 p.m. and 7:00 a.m.

(e)

Any lighting shall be shielded and directed away from any off-site residence and may be used only during the permitted hours of operation.

(f)

Safe and adequate access shall be provided for vehicular traffic. Such access shall be determined by the State Highway Administration or Harford County.

(g)

Adequate arrangements for temporary sanitary facilities must be in accordance with Health Department regulations.

§ 267-54 RR Rural Residential District.

Purpose. This district is intended to acknowledge and protect existing concentrations of residential development, provide limited opportunities for low-density residential uses where not in conflict with agricultural activities, protect the open character of the land and restrict piecemeal development in areas where public services are not reasonably anticipated.

General regulations.

(1)

Properties re-zoned to RR after the effective date of this Part 1 must meet requirements of § 267-13H (Comprehensive zoning review) to achieve density of the RR Zoning District.

(2)

Minimum lot area, maximum lot area, maximum average lot area, area per dwelling or family unit, building setback from adjacent residential lot lines, lot width, front, side and rear yard and maximum building height, as displayed in Table 54-1,[1] shall apply, subject to other requirements of this Part 1.

[1]

Editor's Note: Table 54-1 is included at the end of this chapter.

(3)

Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).

(4)

Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).

(5)

Signage shall comply with requirements set forth in § 267-33 (Signs).

Specific regulations. The following uses are permitted, subject to the additional requirements below:

(1)

Agriculture. On a lot of 2 acres or more, all buildings associated with this use, including farmhouses, barns and silos, shall meet the required minimum setbacks for principal uses.

(2)

Residential development, at a density of 1 dwelling unit per 2 acres.

(3)

Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).

§ 267-55 R1, R2, R3 and R4 Urban Residential Districts.

Purpose. These districts are intended to accommodate urban residential needs by providing for a wide range of densities and building types where public water and sewer are available. Conventional with open space (COS) and planned residential development (PRD) are permitted where open space and environmental features are provided or preserved.

General regulations.

(1)

Minimum lot area, area per dwelling or family unit, building setback from adjacent residential lot lines, lot width, front, side and rear yard and maximum building height, as displayed in Tables 55-1 through 55-4.3,[1] shall apply, subject to other requirements of this Part 1.

[1]

Editor's Note: Tables 55-1 through 55-4 are included at the end of this chapter.

(2)

Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).

(3)

Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).

(4)

Signage shall comply with requirements set forth in § 267-33 (Signs).

Specific regulations. The following uses are permitted, subject to the additional requirements below:

(1)

Agriculture. On a lot of 2 acres or more, all buildings associated with this use, including farmhouses, barns and silos, shall meet the required minimum setbacks for principal uses.

(2)

Urban residential uses. The permitted density of development, the permitted dwelling unit types and design requirements shall depend upon whether the development is designed as a conventional development, conventional with open space (COS), planned residential development (PRD), housing for the elderly or continuing care retirement community (CCRC).

(a)

Conventional development. Conventional residential development shall be permitted, as of right, in all urban residential districts.

(b)

Conventional with open space (COS) development and minimum parcel area. Conventional with open space shall be developed in accordance with the provisions of Article VIII. The conventional with open space development shall be permitted in urban Residential Districts R1, R2, R3 and R4. The minimum parcel area (MPA) required shall be 5 acres.

(c)

Planned residential development (PRD). The planned residential development shall be developed in accordance with the provisions of Article VIII. The planned residential development shall be permitted only in R3 and R4 Districts.

(d)

Housing for the elderly. The housing for the elderly shall be developed in accordance with the provisions of Article VIII. Housing for the elderly shall be permitted in the R2, R3 and R4 Districts and minimum lot size shall be 4 acres.

(e)

Continuing care retirement community (CCRC). The continuing care retirement community shall be developed in accordance with the provisions of Article VIII. The CCRC shall be permitted in R1, R2, R3 and R4 Districts. The minimum lot size is 20 acres.

(f)

Maximum density by district and type of development. The maximum density permitted shall be as follows:

District	Conventional (du/ga)	COS (du/ga)	PRD (du/ga)	Housing for the Elderly (du/go)	CCRC (du/ga)
R1	1.8	2.0	N/A	N/A	25
R2	3.5	4.5	N/A	7	25
R3	5.0	7.0	10.0	14	30
R4	8.0	10.0	14.0*	14	30

*	Note: The maximum density permitted for a high-rise apartment dwelling shall be 30 dwelling units per gross acre.

(g)

Dwelling units per building block. A building block shall be a series of attached dwellings. The number of dwelling units per building block shall be as follows:

	Number of Dwelling Units Per Building Block
Dwelling Type	Minimum	Maximum
Semidetached dwelling	2	2
Patio/court/atrium dwelling	2	6
Multiplex dwelling	3	8
Townhouse dwelling, R2	3	4
Townhouse dwelling, R3/R4	3	8
Duplex dwelling	2	2
Row duplex dwelling	2	12
Garden apartment dwelling	4	36*
Mid-rise apartment dwelling	8	60*
High-rise apartment dwelling	8	80, except as special exception
Cluster townhouse	4	7
Carriage court unit	4	16

*	In housing for the elderly and CCRC special developments, there is no maximum.

(h)

Building block length.

[1]

The maximum length of a building block shall not exceed the following:

Building Block Type	Maximum Length Without Offset (feet)	Maximum Length With Offset (feet)
Townhouse dwelling	100	160
Row duplex dwelling	100	160
Multiplex dwelling	100	160
Carriage court unit	100	300
Garden apartment dwelling	150	300
Mid-rise apartment dwelling	120	200
High-rise apartment dwelling	120	200
Cluster townhouse	120	150

[2]

Enclosed pedestrian bridges or walks between buildings shall not be construed as part of the building for building block length calculations.

(i)

Maximum building coverage. The maximum building coverage shall be as follows:

Dwelling Types	Maximum Building Coverage (percent of total lot)
Patio/court/atrium, semidetached, townhouse, multiplex and row duplex and cluster townhouse	40
Garden, mid-rise and high-rise apartments	30

(j)

Impervious surface ratio. The maximum impervious surface for any urban residential project shall not exceed 65% of the total parcel area.

(k)

Variation in townhouse or multiplex width.

[1]

In the R3 and R4 Districts, the permitted width of a townhouse or multiple dwelling may be reduced by a maximum of 4 feet, for not more than 50% of the townhouse or multiplex units, in any development. In the R2 District, the permitted width of a townhouse or multiplex dwelling may be reduced by a maximum of 4 feet, for not more than 25% of the townhouse or multiplex units, in any development.

[2]

Where narrower units are provided, lot sizes, not yard sizes or setbacks, may be reduced proportionally. Such units shall be integrated into the overall design of the townhouse or multiplex development and shall be intermixed with other townhouses or multiplex units throughout the development.

(l)

Variation in patio/court/atrium yard requirements. The front and rear yards required for the patio/court/atrium building block may be waived when the following have been provided:

[1]

An area for utility services in the road right-of-way.

[2]

Private atriums or courts surrounded by buildings or enclosed walls totaling 25% of the minimum lot requirement.

[3]

All living spaces face the atriums or courts.

(m)

Permitted dwelling units by lot. Types of dwelling units, for example, townhouse, lot line, single-family detached, shall be permitted only on lots for which specific approval is granted during subdivision review. Where no dwelling unit type is specified, only single-family detached units shall be permitted.

(n)

Multiplex dwellings and cluster townhouse. No detached accessory structures will be permitted in side or rear yards. Exterior storage shall be integrated in the design of the overall structure. Fencing shall be harmonious with the multiplex dwelling and shall be uniform in type and height. Said fencing shall be constructed in conjunction with the construction of the multiplex or cluster townhouse dwelling.

(o)

Carriage court unit. Not more than 50% of carriage court unit building blocks, proposed for a development, shall contain the maximum number of dwelling units permitted for each building block.

[1]

The following structures are permitted in accordance with the stated requirements:

[a]

Detached accessory storage only as specified in the site plan approval; and

[b]

Attached exterior storage, provided that the structure is integrated in the design of the overall dwelling and does not permit a direct means of access to the dwelling.

[2]

All units shall be accessible to emergency vehicles by means of either a paved surface or alternative load-bearing way. The Director of Planning shall establish standards and specifications for the paved surface or load-bearing way.

(3)

Dwelling units, when on a permanent foundation.

(4)

Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).

(5)

Commercial amusement and recreation. Commercial amusement and recreation shall be permitted in the R4 Zoning District only and is subject to the additional requirements below:

[Added by Bill No. 20-001]

(a)

Notwithstanding the provisions of § 267-30D, a buffer yard type E shall be provided on the subject property.

(b)

Hours of operation are permitted between 8:00 a.m. and 10:00 p.m.

(c)

Outdoor lighting installed for the purpose of illuminating athletic fields shall not be mounted higher than 60 feet and shall be designed to minimize adverse impacts to off-site residences.

(d)

All other lighting shall be shaded, shielded or directed so that the light intensity or brightness does not adversely affect the operation of vehicles or reflect into residential lots or buildings.

(e)

All field lighting shall only be used during permitted hours of operation.

(f)

Any public address system shall only be used during permitted hours of operation.

§ 267-56 RO Residential/Office District.

Purpose. This district provides for the conversion of residential structures to other uses and construction of small retail, service and office buildings in predominantly residential areas on sites that, because of adjacent commercial activity, heavy commercial traffic or other similar factors, are no longer suitable for only those uses allowable in residential districts. The district regulations ensure that the buildings and uses are compatible with, provide a transition from and are in harmony with the present or prospective uses of nearby residential property.

General regulations.

(1)

Minimum lot area, area per dwelling or family unit, building setback from adjacent residential lot lines, lot width, front, side and rear yard and maximum building height, as displayed in Table 56-1,[1] shall apply, subject to other requirements of this Part 1.

[1]

Editor's Note: Table 56-1 is included at the end of this chapter.

(2)

Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).

(3)

Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).

(4)

Signage shall comply with requirements set forth in § 267-33 (Signs).

(5)

Specific regulations. The following uses are permitted, subject to the additional requirements below:

(1)

Agriculture. On a lot of 2 acres or more, all buildings associated with this use, including farmhouses, barns and silos, shall meet the required minimum setbacks for principal uses.

(2)

Residential development, subject to the standards in Table 56-1.[2]

[2]

Editor's Note: Table 56-1 is included at the end of this chapter.

(3)

Conversion of an existing single-family detached dwelling to accommodate not more than 4 dwelling units, subject to a minimum lot area of 5,000 square feet per dwelling unit. Parking on site shall be provided at a minimum of 2 spaces per dwelling unit.

(4)

Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).

(5)

The following uses are permitted in accordance with Article VIII of this chapter, provided that a minimum parcel area of 30,000 square feet is established:

(a)

Business and office equipment rental or leasing;

(b)

Business equipment sales;

(c)

Party supply shops;

(d)

Photography equipment and supply shops; and

(e)

Medical equipment rental and sales.

(6)

Retail/service/office uses shall be developed in accordance with Article VIII.

§ 267-57 VR Village Residential District.

Purpose. This district is intended to preserve and enhance the character and function of established rural settlements. This district allows residential uses on small lots as well as certain business uses. The Rural Village Study shall be used as a guide for achieving architectural compatibility.

General regulations.

(1)

Properties re-zoned to VR after the effective date of this Part 1 must meet requirements of § 267-13H (Comprehensive zoning review) to achieve density of the VR Zoning District.

(2)

Minimum lot area, area per dwelling or family unit, building setback from adjacent residential lot lines, lot width, front, side and rear yard and maximum building height, as displayed in Table 57-1,[1] shall apply, subject to other requirements of this Part 1.

[1]

Editor's Note: Table 57-1 is included at the end of this chapter.

(3)

Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).

(4)

Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).

(5)

Signage shall comply with requirements set forth in § 267-33 (Signs).

(6)

(7)

Redevelopment of existing residential structures. Redevelopment of existing residential structures shall be permitted provided that any physical modification is compatible and in harmony with the village relative to architectural design, scale, building height and the materials used in construction.

(8)

Development of new buildings. New buildings shall be designed to be compatible and in harmony with the village relative to architectural design, scale, building height and the materials used in construction. Elements to be considered in determining compatibility with neighboring residential communities shall include massing and building materials as well as cornice lines, window lines, roof pitch and entry.

(9)

The Rural Village Study shall be used as a guide for achieving architectural compatibility as determined by the Director of Planning.

Specific regulations. The following uses are permitted, subject to the additional requirements below:

(1)

Agriculture. All buildings associated with this use, including farmhouses, barns and silos, shall meet the required minimum setbacks for principal uses.

(2)

Residential development, at a density of 3 dwelling units per acre where public sewer service is available.

(3)

Retail trades and service uses, when in buildings existing at the time of enactment of this Part 1, provided that any alteration of the building shall not exceed 25% of the gross floor area of the building and the residential character of the building shall be maintained.

(4)

Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).

§ 267-58 VB Village Business District.

Purpose. This district is intended to provide business services to rural areas and to preserve and enhance the character and function of long-established rural settlements. This district compliments the VR District by providing a mix of business and residential uses at an appropriate scale. The Rural Village Study shall be used as a guide for achieving architectural compatibility.

General regulations.

(1)

Minimum lot area, area per dwelling or family unit, building setback from adjacent residential lot lines, lot width, front, side and rear yard and maximum building height, as displayed in Table 58-1,[1] shall apply, subject to other requirements of this Part 1.[2]

[1]

Editor's Note: Table 58-1 is included at the end of this chapter.

[2]

Editor’s Note: A temporary moratorium on the application of the provisions of Table 58-1 as they relate to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.

(2)

Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).

(3)

Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).

(4)

Signage shall comply with requirements set forth in § 267-33 (Signs).

The Rural Village Study shall be used as a guide for achieving architectural compatibility as determined by the Director of Planning.

Specific regulations. The following uses are permitted, subject to the additional requirements below:

(1)

Agriculture. All buildings associated with this use, including farmhouses, barns and silos, shall meet the required minimum setbacks for principal uses.

(2)

Dwellings accessory to any business use, provided that there is not more than 1 dwelling unit for every 2,000 square feet of nonresidential space and subject to a maximum of 4 dwelling units, each with a minimum of 600 square feet of interior space per unit.

(3)

Use limitations. All business uses in this district shall be subject to the following:

(a)

The maximum area for any business use shall be not more than 2 acres, except shopping centers, agricultural services, construction equipment sales and service, golf driving ranges and miniature golf courses.

(b)

The maximum building coverage and impervious surface standards shall be as follows:[3]

[1]

Maximum building coverage: 40% of lot.

[2]

Maximum impervious surface: 85% of lot.

[3]

Editor’s Note: A temporary moratorium on the application of this subsection as it relates to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.

(c)

Shopping centers, when containing less than 6 business uses and a gross area of less than 15,000 square feet.

(d)

Enclosed building. All uses permitted shall be conducted within an enclosed building, except parking, loading, unloading, incidental storage and display or as otherwise permitted.[4]

[4]

(e)

Storage restriction. Outside storage of material or equipment shall be permitted, provided that such storage does not cover more than 35% of the lot area and shall not be within the required front yard.[5]

[5]

(4)

Motor vehicle filling or service stations and repair shops, provided that:

(a)

Pumps shall be at least 35 feet from all road rights-of-way.

(b)

All portions of the lot used for storage or service of motor vehicles shall be paved with a hard surface.

(c)

No obstructions which limit visibility at intersections or driveways shall be permitted.

(d)

Vehicles, except those vehicles used in the operation of the business, may not be stored on the property for more than 90 calendar days.

(e)

Motor vehicle filling or service stations shall only be permitted if all properties adjacent to the proposed use are served by a public water supply.

(5)

Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills),

§ 267-59 B1, B2 and B3 Business Districts.

Purpose. The B1, B2 and B3 Districts are intended to provide sufficient and convenient locations for business uses that serve the needs of local neighborhoods and communities and the traveling public.

(1)

B1 Neighborhood Business District. This district is intended to provide limited retail and service facilities convenient to residential neighborhoods. Uses are limited primarily to convenience of goods and services satisfying the household and personal needs of the residents of abutting residential neighborhoods. Standards are established compatible with low-density residential districts, resulting in similar building bulk and low concentration of vehicular traffic.

(2)

B2 Community Business District. This district is intended to provide a wider range and scale of retail, business and service uses than are permitted in the B1 District and is oriented to serve several neighborhoods. The intensity of development as well as the concentration of vehicular traffic is greater than the B1 District.

(3)

B3 General Business District. The purpose of this district is to provide a wide range of retail, service and business uses serving local and countywide areas. Such activities are generally located along arterial roads.

General regulations.

(1)

Minimum lot area, area per family, building setback from adjacent residential lot lines, lot width, front, side and rear yard and maximum building height, as displayed in Tables 59-1 through 59-3,[1] shall apply, subject to other requirements of this Part 1.[2]

[1]

Editor's Note: Tables 59-1 through 59-3 are included at the end of this chapter.

[2]

Editor’s Note: A temporary moratorium on the application of the provisions of Tables 59-1 through 59-3 as they relate to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.

(2)

Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).

(3)

Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).

(4)

Signage shall comply with requirements set forth in § 267-33 (Signs).

(5)

Specific regulations. The following uses are permitted in each business district, subject to the additional requirements below:

(1)

Agriculture. On a lot of 2 acres or more, all buildings associated with this use, including farmhouses, barns and silos, shall meet the required minimum setbacks for principal uses.

(2)

Residential uses as accessory uses, in accordance with the following:

(a)

Not more than 1 dwelling unit for any business lot, provided that said lot is a minimum of 20,000 square feet.

(b)

The dwelling unit shall conform to the setback requirements of the principal use.

(3)

Shopping center, provided that it contains less than 75,000 square feet. Shopping centers over 75,000 square feet shall be developed as an integrated community shopping center (ICSC) in accordance with § 267-79 [Integrated community shopping center (ICSC)].

(4)

Lot coverage. The building coverage and impervious surface standards shall be as follows:[3]

[Amended by Bill No. 09-31]

Maximum Building Coverage (percent of total lot)
District	Individual Uses or Shopping Center	Integrated Community Shopping Center	Maximum Impervious Surface For All Uses (percent of total lot)
B1	25%	N/A	80%
B2	30%	40%	85%
B3	35%	45%	85%

Note: The maximum building coverage and impervious surface shall be reduced where required by the Chesapeake Bay Critical Area or Water Source Protection Districts.

[3]

(5)

Modification of height requirement. Maximum building height may be exceeded if side and rear yards are increased in width and depth by 1 additional foot for every 1 foot of excess height.

(6)

Use limitations. The permitted uses in the business districts shall comply with the following:[4]

(a)

Enclosed building. All uses permitted, except secondhand merchandise shops in a B3 District, shall be conducted within an enclosed building, except parking, loading, unloading, incidental storage and display or as otherwise permitted. Secondhand merchandise shops in a B3 District shall be permitted to conduct such uses outside of the building between the hours of 8:00 a.m. and 5:00 p.m.

(b)

Storage restriction. Outside storage of material or equipment shall not be permitted in the B1 and B2 Districts. Outside storage shall be permitted in the B3 District, provided that such storage does not cover more than 35% of the lot area and shall not be within the required front yard. Outside storage for the following uses may exceed 35% of the lot area when located not less than 200 feet from any residential district.

[1]

Building material sales yards, including concrete mixing; lumberyard, including millwork; contractor's equipment storage yard or plant or rental of equipment commonly used by contractors; storage and sale of livestock feed and/or solid fuel, provided that dust is effectively controlled; storage yards for vehicles of a delivery or draying service; and public utility yards for construction, maintenance or storage.

[2]

Carnivals, circuses, concerts or public events.

[3]

Flammable liquids, underground storage only, not to exceed 25,000 gallons.

[4]

Liquefied petroleum products, provided that said products are stored in tanks which meet the American Society of Mechanical Engineers Code design approval and said storage shall comply with the rules and regulations of the latest edition of the NFPA No. 58 standard for the storage and handling of liquefied petroleum gases, including any revisions thereof, and that the extent of such installation shall not exceed 30,000 gallons water capacity.

[5]

Secondhand merchandise shops in a B3 District, provided that such products shall not be stored outside after 5:00 p.m.

[6]

All outside storage shall be fully buffered from view of adjacent residential lots and public roads.

[4]

(7)

Motor vehicle filling or service stations and repair shops, in the B2 and B3 Districts, provided that:

(a)

Pumps shall be at least 25 feet from all road rights-of-way.

(b)

All portions of the lot used for storage or service of motor vehicles shall be paved with a hard surface.

(c)

No obstructions which limit visibility at intersections or driveways shall be permitted.

(d)

Vehicles, except those vehicles used in the operation of the business, may not be stored on the property for more than 90 calendar days.

(e)

Motor vehicle filling or service stations shall only be permitted if either:

[Amended by Bill No. 21-003]

[1]

All properties adjacent to the proposed use are served by a public water supply; or

[2]

The proposed use will be situated on a minimum 1 acre parcel located within 1 mile of both the Harford County Water Service boundary and the development envelope boundary, as defined on the most recent land use plan. The property must have been previously approved and operated as a motor vehicle filling or service station. The property shall not be subject to Section 267-66 of the zoning code provided that all COMAR regulations are met.

(8)

Housing for the elderly in the B2 and B3 Districts when developed in accordance with Article VIII.

(9)

Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).

(10)

Adult bookstores and/or entertainment centers. These uses are limited to the B3 District upon the condition that:

(a)

No lot on which such establishment is located shall be located within 1,000 feet of any institutional or residential use as listed on the appropriate use tables.

(b)

The merchandise shall be arranged to ensure that no merchandise depicting, describing, showing or relating to sexual conduct, sexual excitement, sadomasochistic abuse or human genitalia is visible from the outside of the establishment.

(c)

No use shall be located within 1,000 feet of an existing adult bookstore/adult entertainment center.

(d)

The hours of operation shall not include any time periods between midnight and 6:00 a.m.

§ 267-60 CI, LI and GI Industrial Districts.

Purpose.

(1)

CI Commercial Industrial District. This district is intended for industrial, office and business uses of a moderate scale and intensity.

(2)

LI Light Industrial District. This district is intended to permit a mix of light to moderate manufacturing, processing and technological development uses. Retail sales are permitted as accessory to a manufacturing or distribution operation where the product is produced, processed or developed and stored on site. Other retail sales or service uses are permitted as accessory to the principal permitted use provided that they are integrated into the overall project and shall not exceed 2,000 square feet.

[Amended by Bill No. 23-026]

(3)

GI General Industrial District. This district is intended for industrial uses of a larger scale or more intensive manufacturing, production, handling, consolidation, distribution, and/or warehousing, or where order processing occurs, that may include large areas of unenclosed storage and fullfillment space. These uses may generate substantially more impact on surrounding properties. Retail sales are permitted as accessory to a manufacturing or processing operation where the product is produced, handled, consolidated, packaged, distributed from, on site. Other retail sales or service uses are permitted as accessory to the principal permitted use provided that they are integrated into the overall project and shall not exceed 2,000 square feet.

[Amended by Bill No. 23-026]

General regulations.

(1)

Minimum lot area, area per dwelling or family unit, building setback from adjacent residential lot lines, lot width, front, side and rear yard and maximum building height, as displayed in Tables 60-1 through 60-3,[1] shall apply, subject to other requirements of this Part 1.[2]

[1]

Editor's Note: Tables 60-1 through 60-3 are included at the end of this chapter.

[2]

Editor’s Note: A temporary moratorium on the application of the provisions of Tables 60-1 through 60-3 as they relate to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.

(2)

Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).

(3)

Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).

(4)

Signage shall comply with requirements set forth in § 267-33 (Signs).

(5)

Lighting shall be designed and controlled so that any light shall be shaded, shielded or directed so that the light intensity or brightness shall not adversely affect the operation of vehicles or reflect onto residential lots or buildings.

Specific regulations applicable to industrial districts. The following uses are permitted, subject to the additional requirements below:

(1)

Agriculture. All buildings associated with this use, including farmhouses, barns and silos, shall meet the required minimum setbacks for principal uses.

(2)

Motor vehicle filling or service stations, in the CI District, and towing businesses with storage facilities and motor vehicle repair shops, in the CI and GI Districts, provided that:

[Amended by Bill No. 24-025]

(a)

Pumps shall be at least 25 feet from all road rights-of-way.

(b)

All portions of the lot used for storage or service of motor vehicles shall be paved with a structured pervious surface, including travelways.

(c)

No obstructions which limit visibility at intersections or driveways shall be permitted.

(d)

Vehicles, except those vehicles used in the operation of the business or stored pending insurance settlement, may not be stored on the property for more than 90 calendar days, except for towing and storage facilities.

(e)

A motor vehicle filling or service station shall only be permitted if all properties adjacent to the proposed use are served by a public water supply.

(3)

Extraction activities in the CI and GI Districts, provided that:

(a)

Upon filing an application with the Maryland Department of the Environment, the applicant shall file a copy of the application with the Department of Planning and Zoning.

(b)

Extraction activities shall be buffered from adjacent residential lots and public roads pursuant to § 267-30 (Buffer yards) or by a landscaped earth berm not less than 6 feet in height and 15 feet in width.

(c)

In addition to § 267-30, extraction activities shall maintain a minimum of a 1,000-foot buffer from any adjacent road and a minimum buffer of 1,500 feet from any adjacent residentially zoned parcel. Within the required buffer yard, a minimum 20-foot recreational buffer shall be maintained.

(d)

The storage of overburden shall not be visible above the tree line and shall be properly screened from any adjacent road or residentially zoned parcel.

(e)

Blasting activities shall not be permitted within 2,000 feet of any residentially zoned parcel or designated historic landmark.

(4)

Design requirements. The following design requirements shall apply in the CI, LI or GI Districts:[3]

(a)

Lot coverage. The maximum building coverage and maximum impervious surface standards shall be as follows:

District	Maximum Building Coverage (percent of total lot)	Maximum Impervious Surface (percent of total lot)
CI	50%	85%
LI	55%	85%
GI	60%	90%

(b)

Parking. All parking or loading facilities shall be accommodated on the lot. All roads shall be paved with a hard surface such as asphalt or concrete. Parking areas shall be designed and maintained in accordance with § 267-26 (Off-street parking and loading).

[3]

(5)

Modification of height requirements. Maximum building height may be exceeded if side and rear yards are increased in width and depth by 2 additional feet for every 1 foot of excess height.

[Amended by Bill No. 23-026]

(6)

Use limitations within the Commercial Industrial (CI) District. Any use permitted within the CI District shall be subject to the following:[4]

(a)

Enclosed building. All uses permitted shall be conducted within an enclosed building, except for parking, loading, unloading, incidental storage and display or as otherwise permitted.

(b)

Outside storage restriction. Outside storage of materials or equipment not enclosed within a building or structure shall not cover more than 50% of the area and shall not be within the required front yard. Outside storage for the following uses may exceed 50% of the lot area when located not less than 200 feet from any residential district.

[1]

Building material sales yards, including concrete mixing; lumberyard, including millwork; contractor's equipment storage yard or plant or rental of equipment commonly used by contractors; storage and sale of livestock feed and/or solid fuel, provided that dust is effectively controlled; storage yards for vehicles of a delivery service; and public utility yards for construction, maintenance or storage.

[2]

Carnivals, circuses, concerts or public events.

[3]

Flammable liquids, underground storage only, not to exceed 25,000 gallons.

[4]

Liquefied petroleum products, provided that said products are stored in tanks which meet the American Society of Mechanical Engineers Code design approval and said storage shall comply with the rules and regulations of the latest edition of the NFPA. No. 58 standard for the storage and handling of liquefied petroleum gases, including any revisions thereof, and that the extent of such installation shall not exceed 30,000 gallons water capacity.

[4]

(7)

Use limitations within the Light Industrial (LI) District. Any use permitted within the LI District shall be subject to the following:[5]

(a)

Enclosed building. All uses permitted shall be conducted within an enclosed building, except for parking, loading, unloading, incidental storage and display or as otherwise permitted.

(b)

Outside storage restriction. Outside storage of materials or equipment not enclosed within a building or structure shall not cover more than 50% of the gross area and shall not be within the required front yard. Outside storage for the following uses may exceed 50% of the lot area when located not less than 200 feet from any residential district.

[1]

Building material sales yards, including concrete mixing; lumberyard, including millwork; contractor's equipment storage yard or plant or rental of equipment commonly used by contractors; storage and sales of livestock feed and/or solid fuel, provided that dust is effectively controlled; storage yards for vehicles or a delivery service; and public utility yards for construction, maintenance or storage.

[2]

Carnivals, circuses, concerts or public events.

[5]

(8)

Use limitations within the General Industrial (GI) District. Any use permitted in the GI District shall be subject to the following:[6]

(a)

Outside storage restrictions. Outside storage of materials or equipment shall not exceed 70% of the gross lot area.

(b)

Industrial developments with overall development plan approval from the Department of Planning and Zoning prior to September 1, 1982 may include office, retail and service uses. Service uses, except personal services, may occupy up to 10% of the parcel area; retail trade and personal service uses up to 5%.

[6]

(9)

Housing for the elderly in the CI District when developed in accordance with Article VIII.

(10)

Continuing care retirement community (CCRC). The CCRC shall be developed in accordance with the provisions of Article VIII. The CCRC shall be permitted in the CI District. The minimum lot size is 20 acres.

(11)

Noncompetitive recreational amusement cars in the CI District, provided that:

(a)

The minimum lot size shall be 5 acres.

(b)

The project shall be directly accessible by 1 or more existing or planned arterial or collector roads.

(c)

A minimum 100-foot setback shall be maintained from any adjoining residentially zoned properties.

(d)

A Type "C" buffer shall be established pursuant to § 267-30 (Buffer yards).

(e)

The operation of the cars shall not occur between the hours of 11:00 p.m. and 8:00 a.m.

(12)

Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).

(13)

Integrated community shopping center (ICSC) shall be permitted in the CI in accordance with § 267-79 [Integrated community shopping center (ICSC)].

(14)

Warehousing, distribution, and local delivery center uses within buildings up to 150,000 square feet may be permitted in the CI, LI and GI districts, provided that the following requirements are met:

[Added by Bill No. 23-026]

(a)

Special dimensional requirements for warehouses.

[1]

The maximum building height shall be 36 feet in the Commercial Industrial CI District and 40 feet in the Light Industrial LI and General Industrial GI districts.

[2]

The total maximum building coverage shall be 55%.

[3]

The total maximum impervious coverage shall be 85%, unless otherwise regulated by Water Source Protection District requirements.

[4]

Where the footprint of the proposed principal warehouse structure is greater than 150,000 square feet and less than or equal to 250,000 square feet, in addition to the other requirements of this section:

[a]

All access points shall be a minimum of 250 feet from any dwelling.

[b]

All drive aisles, loading/unloading areas, and parking areas intended for use by tractor trailers as well as outdoor storage areas shall be a minimum of 250 feet from any dwelling.

(b)

Buffer yards.

[1]

A 100-foot-wide buffer yard shall be provided along the entire length of the street frontage of any property upon which a warehouse is located that abuts with property in any use district other than a CI, LI or GI use district. Further, a 100-foot-wide buffer yard shall be provided along any property line which abuts a residential or agricultural zoning district or an existing residential use.

[2]

The buffer yard shall be measured from the property line or street right-of-way line. Where a lot line, drainage or utility easement is required, the buffer yard shall be measured from the inside edge of the easement.

[3]

The buffer yard shall be a landscaped area free of roads, sidewalks, driveways, parking lots, storage, buildings, and structures of any kind, except for necessary access roads or pathways as may be required by County Code or fire or safety regulations and/or as may be required and/or approved by the Board of Appeals.

[4]

The buffer yard shall be landscaped with native trees and vegetation, including evergreen trees (other than white or loblolley pine trees), deciduous trees, flowering trees, and shrubs.

[5]

All areas of the buffer yard not covered with plantings shall be covered by a well maintained, all-season vegetative ground cover such as grass.

[6]

Earthen berms shall be constructed within buffer yards in accordance with subsection (c), berm requirements, herein.

[7]

Minimum planting requirements in buffer yards:

[a]

Native trees and shrubs shall be planted in the following minimum quantities per 100 lineal feet of buffer yard, as measured parallel to the buffer yard.

[i]

Ten evergreen trees (other than white or loblolly pine trees).

[ii]

Five deciduous trees.

[iii]

Three flowering trees.

[iv]

Ten shrubs.

[b]

This landscaping shall be provided in addition to any landscaping required by other County regulations.

[c]

Plantings shall be arranged so as to provide a complete visual screen of the warehouse of at least 14 feet in height (measured in addition to the height of the berm) within three years.

[d]

The plantings shall be arranged on the outside (non-warehouse side) and top of the berm.

[e]

Evergreen trees shall have a minimum height of eight feet. Deciduous trees shall have a minimum trunk caliper of two inches measured three feet above the top of the root ball and a minimum height of 12 feet. Flowering trees shall have a minimum height of seven feet. Shrubs shall have a minimum height of 30 inches. Minimum heights shall be as measured from finished grade at the time of planting.

(c)

Berm requirements.

[1]

A raised earthen berm shall be constructed along the entire length of the portion of any street frontage of any property upon which a warehouse is located that abuts with an existing residential use or a zoning district other than a CI, LI or GI use district.

[2]

The berm shall have a minimum average height of 14 feet measured above existing grade on the outside (non-warehouse side) of the berm. The berm shall not have a completely continuous height but shall vary in height by one or two feet along the length of the berm.

[3]

The berm shall have a maximum side slope of three feet horizontal to one foot vertical.

[4]

The berm shall have a minimum top width of 10 feet.

(d)

Other requirements.

[1]

All access points for all warehouses shall be to and from a collector or arterial roadway, built to county standards and directly connected to the nearest collector or arterial roadway built to those standards.

[2]

Idling restrictions. The use shall include site features, amenities, and/or signage to ensure compliance with local and state laws concerning idling vehicles and equipment.

[3]

Driveways, walkways, and parking, staging, and loading areas shall be designed to minimize potential conflicts between cars, trucks, and pedestrians internal to the site and at access points to adjacent roadways.

[4]

Traffic study. Applicant shall prepare a traffic impact analysis (TIA) prepared by a professional engineer, licensed in the State of Maryland, pursuant to Section 267-126, adequate public facilities.

[5]

Off-street parking, loading, and staging spaces and loading docks are required as follows:

[a]

Off-street parking spaces. One and one-half parking spaces for every one employee at peak periods of operation, including any potential overlap between shifts.

[b]

Staging spaces. Two 12 feet by 75 feet truck and/or trailer staging spaces for every one loading dock. A minimum of 5% of required truck and/or trailer staging spaces shall be reserved for outbound trucks which are required to layover or rest due to hours of service regulations. Such spaces must be accessible during and after the facility's operating hours as necessary.

[c]

Loading spaces. One 12 feet by 75 feet truck and/or trailer loading space for every one loading dock.

[d]

Loading docks. The minimum number of loading docks shall be determined using the following calculation:

[i]

Number of trucks per hour (at the peak hour of the use) x turnaround time per truck (in hours) = number of required docks.

[ii]

The number of docks determined by the above formula shall be rounded up to the next whole number.

[e]

No parking or staging areas shall be permitted within a designated water source protection district.

[f]

No trucks and/or trailers shall be permitted to park or stage on public streets while waiting to access a facility.

[6]

The use shall provide designated snow storage areas of sufficient size and at appropriate locations on the site. Snow storage areas shall not include any areas necessary to meet minimum parking, staging, or loading space requirements. Snow storage areas shall not be located within a Water Source Protection District.

[7]

Driveways and internal drive aisles shall be designed with adequate widths and turning radii to allow tractor trailers to complete turning maneuvers while remaining within their designated travel lanes. Turning templates shall be provided for all anticipated vehicle types and routes.

[8]

Truck drivers shall be instructed as to the acceptable travel routes (relative to the class of vehicle) between the facility and the nearest arterial roads by way of on-site and off-site signage and other appropriate means as necessary.

[9]

An exterior access stair tower shall be provided to allow public safety personnel direct emergency access to the roof of the building from the ground level. Steps, guiderails, handrails, brackets, gates, and other components shall meet or exceed applicable Uniform Construction Code and Occupational Safety and Health Administration (OSHA) standards. The final location and specifications for the exterior access stair tower shall be subject to review and approval by the Emergency Services Coordinator and/or Fire Marshall.

[10]

Commercial Knox-Boxes^® are required to provide public safety personnel access to any secured areas of the site, the principal building structure, and any accessory structures. The final location(s) and specifications for Knox-Boxes^® shall be subject to review and approval by the Emergency Services Coordinator and/or Fire Marshall.

[11]

When submitting application for review through the Development Advisory Committee, the applicant shall provide a written narrative, and additional supporting information, documentation, studies, and reports as necessary or required below, containing detailed descriptions of the proposed use and substantive evidence demonstrating consistency of the proposed use relative to each of the following topics:

[a]

The nature of all activities and operations to be conducted on the site, the types of materials to be stored, the duration of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with applicable state and federal regulations.

[b]

Hours of operation and the times and frequency of deliveries, distributions and/or restocking.

[c]

The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, and the total number of employees on each shift.

[d]

Adequacy of the number, size, and location of loading and staging spaces provided for trucks to accommodate the expected demand generated by the use, including both pre-loading and post-loading activities.

[e]

Adequacy of off-street staging spaces available for tractor trailers arriving during non-business hours.

[f]

Adequacy of off-street staging spaces available at facility entrances to prevent vehicles from queueing on public streets while waiting to access the facility.

[g]

The applicant shall submit a truck routing map identifying anticipated routes to and from the proposed facility, consistent with truck routing signage and trip distribution data presented in the traffic study as required elsewhere herein.

(15)

Grandfathering.

[Added by Bill No. 23-026]

(a)

The provisions of Council Bill No. 23-026 shall not apply to either any project which has acquired a vested right through the actual physical commencement of a significant and visible construction which was commenced in good faith, with the intention to complete the construction and was commenced pursuant to a validly issued building permit or any project which has received site plan approval prior to the effective date of the bill. Those projects shall remain subject to the zoning requirements applicable prior to the adoption of Council Bill 23-026.

(b)

Any development that received a certificate of occupancy prior to the adoption of Council Bill 23-026 is not subject to the requirements contained therein and those developments shall remain subject to the zoning requirements applicable at the time the certificate was issued.

(c)

The provisions of Council Bill No. 23-026 shall further not apply to any other principally permitted use where warehousing, distribution and/or local delivery is an accessory use to the principal use of the property or to the development or redevelopment which is located within an exisiting industrial park for the purposes of Council Bill 23-026, an industrial park shall be defined as more than four contiguous lots located in in a Commercial Industrial CI, Light Industrial LI or General Industrial GI zoning classification. In these instances, the zoning requirements prior to the adoption of Council Bill 23-026 shall apply.

(d)

Section 267-20(D) of the Harford County Code shall not apply to any exisiting use which, as the result of Council Bill 23-026, becomes a non-conforming use.

§ 267-61 MO Mixed Office District.

Purpose. The MO District is designed to promote major economic development opportunities, including corporate offices, research and development facilities and high-tech services which create significant job opportunities and investment benefits. Due to the excellent access and high visibility of the MO District, the intention of the MO District legislation is to promote high quality uses with high quality amenities. Designated at strategic I-95 interchanges, development will be subject to specific performance, architectural and site design standards. Enactment of this legislation shall not serve to open the development envelope beyond those areas designated "MO" on the 2004 Harford County Master Land Use Plan.

Objectives.

(1)

To promote a mix of corporate offices, retail, recreational, hotel, residential and service uses in desirable areas in the County which have a positive effect on the County's economic tax base and employment.

(2)

To maximize the attractiveness of and to enhance the visual appearance through preservation of significant natural features.

(3)

To assure compatibility of the proposed land use with internal and surrounding uses by incorporating design standards and site design.

(4)

To encourage pedestrian access to uses and to reduce traffic congestion by encouraging the clustering of buildings near internal streets.

(5)

To maintain and enhance the visual character of the area.

(6)

To allow a mixture of office, retail, recreational and residential uses within a single structure or within multiple structures, where all related structures, parking and open spaces are designed to function as a cohesive and integrated site.

(7)

To create quality usable public spaces.

(8)

To ensure architectural standards of design for buildings, infrastructure and landscaping.

(9)

To encourage the reduction of parking spaces through the use of shared parking lots within the development and to minimize parking as a visual element of the site and enhance the pedestrian environment.

General regulations.

(1)

The project shall be reviewed in accordance with the Department of Planning and Zoning's Mixed Office Design Manual during the site plan approval process. The Director of Planning and Zoning shall have the authority to require compliance with the Mixed Office Design Manual.

(2)

Minimum lot or parcel area for the project shall be 20 acres.

(3)

Landscaping. Landscaping should provide for a transition from the surrounding agricultural uses and rural landscape to the employment, retail, service and residential uses on the site. All other requirements set forth in § 267-29 (Landscaping) must be met.

(4)

Buffer yards. A Type "D" buffer yard shall be provided along any adjacent public road. All other requirements set forth in § 267-30 (Buffer yards) must be met.

(5)

Signage shall comply with requirements set forth in § 267-33 (Signs).

(6)

Lighting shall be designed and controlled so that any light shall be shaded, shielded or directed so that the light intensity or brightness does not adversely affect the operation of vehicles or reflect into residential lots or buildings. The lighting fixtures shall be designed to assure compatibility with the building style. A lighting plan shall be submitted as part of the site plan approval process and approved by the Department of Planning and Zoning.

(7)

The project shall have direct access to one or more collector or higher functional classification roadways as defined by the Harford County transportation element plan.

(8)

The project must be served by public water and sewer service.

Specific requirements. The following uses are permitted, subject to the additional requirements below:

(1)

The principal permitted uses in the MO Mixed Office District shall be those uses shown on the Permitted Use Charts.[1]

[1]

Editor's Note: The Permitted Use Charts are included at the end of this chapter.

(2)

Minimum lot area, area per dwelling or family unit, building setback from adjacent residential lot lines, lot width, front, side and rear yard and maximum building height, as displayed in Table 61-1,[2] shall apply, subject to other requirements of this Part 1.[3]

[2]

Editor's Note: Table 61-1 is included at the end of this chapter.

[3]

Editor’s Note: A temporary moratorium on the application of the provisions of Table 61-1 as they relate to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.

(3)

Design requirements. Development in the MO District shall comply with the following regulations:

(a)

Vehicular circulation.

[1]

Loading and service areas shall be separated from the pedestrian and employee parking areas. Service areas shall be located away from roadways to the greatest extent possible. Loading and service areas shall be effectively buffered from adjoining properties and roadways.

[2]

The internal vehicular circulation system shall follow a pattern of intersecting streets that provide alternative routes.

[3]

Points of external access and alignments of internal roadways shall facilitate use of public transit. This may include rights-of-way sufficient for bus pull-outs and bus shelters as well as transit easements on private streets.

[4]

A comprehensive pedestrian circulation system shall link all uses with the intent of minimizing walking distances and reducing dependence on the private automobile for internal travel and external access.

(b)

Parking standards.[4]

[1]

A parking and pedestrian circulation plan shall be submitted as part of the site plan approval process.

[a]

A multi-use path(s) to accommodate bike and pedestrian traffic shall be constructed with a 10-foot bike/pedestrian path easement, exclusive of any other easement.

[b]

Bike racks shall be required for every 100 parking spaces.

[2]

All parking areas must be effectively landscaped and buffered from adjacent roadways and adjoining residential districts pursuant to § 267-29 (Landscaping) and § 267-30 (Buffer yards).

[3]

Parking areas should be broken up into lots of no more than 150 cars; the parking areas shall be separated by landscaped islands.

[4]

The number of parking spaces provided and overall design and layout of parking lots must be in accordance with § 267-26 (Off-street parking and loading). To encourage leadership in energy and environmental design (LEED) and green building initiatives for mixed use developments zoned MO, reductions of parking through the use of shared parking within the development are permitted. The reduction of parking spaces should be justified with shared parking data from recognized industry groups such as the Urban Land Institute (ULI), the Institute of Transportation Engineers (ITE), the Transportation Research Board (TRB) or other documented studies.

[5]

No direct access to any lot is allowed from a collector or higher functional classification road as defined in the Harford County transportation element plan.

[6]

All access points from a parcel in the MO District shall be consolidated wherever feasible.

[4]

(c)

Building design standards.

[1]

An architectural rendering of the building facade and elevations of the structures shall be submitted to the Department of Planning and Zoning as part of the site plan approval process and shall be reviewed in accordance with the Department of Planning and Zoning's Mixed Office Design Manual.

[2]

Architecturally harmonious materials, colors, textures and treatments shall be used for all exterior walls within the MO District. The building materials, colors, textures and treatments shall be harmonious within the project.

[Amended by Bill No. 19-016]

[3]

Mechanical equipment shall be located within the building or within a mechanical equipment penthouse. If mechanical equipment is located on the roof or is freestanding on the site, it shall be effectively buffered from view by means fully compatible with the architecture. Mechanical equipment shall be buffered from view from all sides.

[4]

Outdoor storage is prohibited.

(d)

Retail/service uses.

[1]

Retail and service other than professional services and corporate office uses may be incorporated into the overall project for up to 40%.

[2]

Retail and service uses shall not have direct access on a collector or higher functionally classified roadway.

[3]

Any retail or service use may be incorporated as part of the office park buildings.

[4]

Professional services and corporate office uses shall not be limited to 40% of the overall project.

(e)

Open space. The MO District shall include a minimum of 25% of the parcel area preserved as vegetated open space. The buffer yards, landscaped parking islands, building and perimeter landscaping shall be included in the calculation of open space, so long as a minimum width of 10 feet is maintained. Vegetated stormwater management facilities shall not be included in the calculation of open space.

(f)

Impervious surface. The MO District shall contain a maximum impervious surface of 75%.

(g)

Utility facilities, water towers or other similar utility facilities should, to the greatest extent possible, be located and designed to minimize the visibility of the structure from adjoining properties and roadways.

(h)

A minimum of 15% of the overall project shall consist of those uses provided in the Permitted Use Charts other than retail and service uses and residential uses, except professional services and corporate offices may be included in this requirement.

Residential uses. Residential uses shall not exceed 45% of the overall project floor area.

§ 267-62 NRD Natural Resource District.

Purpose. The intent of this district is to preserve significant/special environmental features identified herein and to:

(1)

Provide uniform guidelines for use of land within the Natural Resource District to protect the ecology of the area.

(2)

Protect steep terrain.

(3)

Protect water quality and quantity in streams, rivers and watercourses.

(4)

Minimize erosion/siltation and protect native/noninvasive vegetation.

(5)

Protect nontidal wetlands.

(6)

Protect persons and property from environmental hazards such as erosion, siltation and floodwaters.

Application. The Natural Resource District shall apply to the following environmental features:

(1)

Steep slopes: any land area exceeding 40,000 square feet with a slope in excess of 25%.

(2)

Nontidal wetlands: Nontidal wetlands shall not be disturbed by development. A buffer of at least 75 feet shall be maintained in areas adjacent to nontidal wetlands except isolated nontidal wetlands that are less than 10,000 square feet, which shall be subject to the 25 foot buffer requirement set forth in the Code of Maryland Regulations.

[Amended by Bill No. 16-002]

(3)

Streams: The Natural Resource District for all perennial and intermittent streams shall be a minimum of 75 feet on both sides, measured from the top of the streambank or 50 feet beyond the 100-year floodplain, whichever is greater. For all streams that have a drainage area of more than 400 acres, as depicted on the Harford County Hydrology/Drainage Area Map, which is incorporated herein by reference, the Natural Resource District shall be expanded to a minimum distance of 150 feet on both sides, measured from the top of the streambank or 50 feet beyond the 100-year floodplain, whichever is greater. The Natural Resource District boundaries under this provision shall include the buffer requirements of Subsection B(2).

Permitted uses. The following land uses shall be permitted, provided that the conditions described herein are met:

(1)

Agriculture. Agriculture shall be permitted, provided that accepted soil conservation practices of the Soil Conservation District are approved and implemented along watercourses or a forested buffer or 25-foot-wide grass filter strip, along the edge of cropland bordering streams, is provided to reduce surface runoff and associated pollutants from entering waterways.

(2)

Forestry. Commercial timber operations shall be permitted, provided that a site-specific buffer management plan is prepared and approved. The buffer management plan shall address potential water quality impacts and shall include a minimum undisturbed buffer designed according to site characteristics. Trees within the buffer may also be harvested to remove diseased, insect-damaged or fire-damaged trees in order to salvage the same or reduce potential stream blockage due to fallen timber. Landowners are exempted from the buffer management plan requirement when timber is harvested for personal use only. Forestry operations within the Urban Residential Districts (R1, R2, R3 or R4) shall be required to meet the conservation requirements.

(3)

The NRD shall not be disturbed, with the following exceptions:

(a)

Basic maintenance, including native plantings and invasive species removal.

(b)

Passive recreation and foot and walking trails. Alteration of the natural environment and removal of surface vegetation in these areas shall be prohibited with the exception of selective clearing to accommodate passive recreation and foot and walking trails which are constructed with environmentally friendly materials.

[Amended by Bill No. 11-04]

(c)

Utility transmission facility.

(d)

Road and driveway crossings. The number of road and driveway crossings shall be minimized. If a road or driveway crossing is necessary, it shall cross the stream at a 90-degree angle whenever possible. The best possible methods shall be used to reduce stormwater drainage into the stream and to remove sediment from unavoidable drainage into the stream.

[Amended by Bill No. 11-04]

(e)

Stormwater management facilities.

Conservation requirements. The following conservation measures are required within this district:

(1)

All permitted uses shall minimize soil disturbance during development and shall reduce soil erosion and sedimentation. When developing site plans, consideration shall be given to maintaining the existing drainageways within the Natural Resource District.

(2)

Clearing or removal of natural ground cover and vegetation in preparation for development of permitted uses shall be minimized. Site development shall be clustered or designed in such a manner to preserve large contiguous tracts of woodland. Clearing of woodlands shall not reduce the area coverage of trees below 70%:. Trees within the buffer may be harvested to remove diseased, insect-damaged or fire-damaged trees to salvage the same or reduce potential stream blockage due to fallen timber.

(3)

Sensitive environmental areas, including significant/special natural features, and significant wildlife habitats shall not be disturbed during any development.

Variances. The Board may grant a variance to Subsections C or D upon a finding by the Board that the proposed development has been designed to minimize adverse impacts to the Natural Resource District to the greatest extent possible. Prior to rendering approval, the Board shall request advisory comments from the Director of Planning, the Soil Conservation District and the Maryland Department of the Environment.

Development adjustment. If more than 30% of a parcel zoned residential is within this district, or is included as a habitat protection area within the Chesapeake Bay Critical Area, the housing types and design requirements, excluding gross density, of the next most dense residential district shall apply, provided that sensitive environmental features on the site are protected. If townhouses are part of the project, a minimum of 10% of the required open space shall be active open space notwithstanding the requirements contained in § 267-31B(1) with respect to the percentage of active open space. In no event, however, shall townhouses be permitted in the R1 District.

[Amended by Bill Nos. 09-31; 13-36; 23-006]

No portion of the Natural Resource District shall be allowed within privately-owned urban residential district lots, except for the panhandle portion of any residential lot and except on lots greater than 20,000 square feet, in a minor subdivision. In lots adjacent to the Natural Resource District, rear yard setbacks may be reduced up to 50% but in no case shall be less than 20 feet.

[Amended by Bill No. 11-04]

The requirements of this section shall not apply to developments with approved preliminary plans prior to September 1, 1982.

§ 267-63 Chesapeake Bay Critical Area Program.

[Amended by Bill Nos. 09-3111-05; 22-011]

Purpose and scope.

(1)

The State of Maryland recognizes the Chesapeake Bay as an estuarine system of great importance to the state and to the nation as a whole. As such, it has enacted the Chesapeake Bay Critical Area Act (Chapter 794, Laws of 1984, as amended)[1] and the Chesapeake Bay Critical Area program development criteria pursuant to that Act, which require that local jurisdictions implement a management and resource protection program for those areas within 1,000 feet of tidal waters, tidal wetlands and any additional areas that a local jurisdiction deems important to carry out the purpose of the Act.

[1]

Editor's Note: See Title 8, Subtitle 18, of the Natural Resources Article of the Annotated Code of Maryland.

(2)

Harford County also recognizes the importance of protecting the resources of the Chesapeake Bay and has created the Chesapeake Bay Critical Area Program which encompasses § 267-63 through § 267-63.21 of the Harford County Zoning Code, the Harford County Chesapeake Bay Critical Area Program Manual and appendices thereto and Critical Area Maps (collectively "the County Critical Area Program"), all of which are incorporated by reference as though they were fully stated herein, and the County Critical Area Program is hereby declared to be part of the official harford county master plan, Harford NEXT, for the following purposes:

(a)

To establish a resource protection program for the Chesapeake Bay and Atlantic coastal bays and their tributaries by fostering more sensitive development activity for certain shoreline areas so as to minimize impacts to water quality and natural habitats, as stated in Natural Resources Article § 8-1801; and

(b)

To implement a resource protection program on a cooperative basis between the state and affected local governments, with local governments establishing and implementing their programs in a consistent and uniform manner subject to state criteria and oversight.

Goals. The goals of the County Critical Area Program are to accomplish the following:

(1)

Minimize adverse impacts on water quality resulting from sedimentation and stormwater runoff from development in the coastal areas of the County;

(2)

Conserve fish, wildlife and plant habitat;

(3)

Maintain and, where possible, increase the amount of forested area in the County's coastal areas because of its benefits to water quality and plant and wildlife habitat;

(4)

Minimize the adverse secondary impacts of development occurring in the coastal areas of the County; and

(5)

Monitor and control development in the County's Critical Area so that the natural resources of the Chesapeake Bay, its tidal tributaries and its shoreline areas will be protected and preserved for future generations.

§ 267-63.1 Implementation.

[Added by Bill No. 22-011]

Critical Area Overlay District.

(1)

The county adopted its Critical Area Program on June 24, 1988. The Harford County Critical Area Program consists of § 267-63 through § 267-63.21 of the Harford County Zoning Code and the official Critical Area Map(s), and the Harford County Chesapeake Bay Critical Area Program Manual and appendices thereto. Related provisions may also be found in Chapter 268 of the Harford County Code, as amended.

(2)

In order to carry out the provisions of this resource protection and management program, a Critical Area Overlay District is hereby established, in conjunction with existing zoning regulations and districts, which shall apply to all development and redevelopment within the County's Critical Area.

(3)

The regulations of the Critical Area Overlay District are intended to foster environmentally sensitive development within the County's Critical Area by setting forth standards requiring the minimization of adverse impacts on water quality and protection of the natural plant, fish and wildlife habitats in the County's Critical Area.

(4)

Notwithstanding any provisions of the Harford County Chesapeake Bay Critical Area Program, or the lack of a provision therein, all of the requirements of § 8-1801 through § 8-1817 of the Natural Resources Article of the Annotated Code of Maryland, as the same may be amended, and Title 27 of COMAR shall apply.

(5)

In the case of conflicting provisions, the more restrictive provision applies.

Critical Area map and application.

(1)

The requirements of the Critical Area Overlay District and the County Chesapeake Bay Critical Area Program shall apply to all areas in the County shown on the Critical Area Map. The Critical Area Map is maintained as part of the official Zoning Map for Harford County and delineates the extent of the Chesapeake Bay Critical Area that shall include all land and water areas located within 1,000 feet beyond the landward boundaries of the Chesapeake Bay and its tributaries to the head of tide, and all state or private wetlands designated under Title 16 of the Environment Article of the Annotated Code of Maryland.

(2)

Within the Critical Area, all land is assigned one of the following designations based on land use and development in existence on December 1, 1985.

(a)

Intensely developed area.

(b)

Limited development area.

(c)

Resource conservation area.

(3)

The Critical Area Map may be amended by the County Council in compliance with amendment provisions of the County Critical Area Program, the Chesapeake Bay Critical Area Act and Title 27 of the Code of Maryland Regulations.

Regulated uses.

(1)

The requirements of § 8-1801 through § 8-1817 of the Natural Resources Article of the Annoated Code of Maryland, as the same may be amended and Title 27 of COMAR shall apply to the Harford County Critical Area Program as minimum standards. The Critical Area Zoning Overlay District is superimposed upon all other existing zones and land use activities specified in the Zoning Code. All development or redevelopment activity shall conform to the existing Zoning Code, Subdivision Regulations and the provisions set forth in the County Chesapeake Bay Critical Area Program.

(2)

The rights and limitations pertaining to the use of land as set forth in the Zoning Code shall remain in effect, unless otherwise set forth in the County Critical Area Program.

Notification of project approval.

(1)

An application shall be accompanied by a completed "project notification application" from the Critical Area Commission's website.

(2)

The County may not approve an application that has been sent to the Critical Area Commission for notification until it has received notice of receipt by the Critical Area Commission.

(3)

The County shall send copies of applications for developments, subdivisions and site plans, wholly or partially within the Critical Area, to the Critical Area Commission for review and comment, unless otherwise noted in § 267-63.4 (Intensely developed areas) through § 267-63.6 (Resource conservation areas) pertaining to each designation of the Critical Area. Mitigation plans shall be included as part of the project submission.

(4)

The Department of Planning and Zoning shall make written findings documenting that all of the criteria in the County Chesapeake Bay Critical Area Program are met, including that any disturbance to the buffer or other habitat protection area is the least intrusion necessary.

Responsible agencies. The County Chesapeake Bay Critical Area Program and all applicable provisions thereof shall be implemented and enforced by the Department of Planning and Zoning.

§ 267-63.2 Administrative enforcement.

[Added by Bill No. 22-011]

Consistency. Sections 267-63 through 267-63.21, in accordance with the Chesapeake Bay Critical Area Act and criteria, supersede any inconsistent law, rule or regulation. In the case of conflicting provisions, the stricter provisions shall apply.

Violations.

(1)

Any development or disturbance activity undertaken contrary to the provisions of the County Chesapeake Bay Critical Area Program or without the required permits or approvals shall constitute a violation of the Zoning Code.

(2)

No person shall violate any provision of the County Chesapeake Bay Critical Area Program. Each violation that occurs and each calendar day that a violation continues shall be a separate offense.

(3)

Each person who violates a provision of the County Chesapeake Bay Critical Area Program may be subject to separate criminal charges, abatement and restoration orders and mitigation for each offense.

(4)

Non-compliance with any permit or order issued by the Department of Planning and Zoning related to the Critical Area shall be a violation of the County Chesapeake Bay Critical Area Program and shall be enforced as provided herein.

Responsible persons. The following persons may each be held jointly or individually responsible for any violations:

(1)

Persons who apply for or obtain any permit or approval.

Contractors.

Subcontractors.

Property owners.

Managing agents.

Any person who has committed, assisted or participated in the violation.

Required enforcement action. The enforcement actions available to the Department of Planning and Zoning pursuant to the County Chesapeake Bay Critical Area Program are cumulative and not alternative or exclusive, and the decision to pursue one enforcement action shall not prevent the pursuit of others. In the case of violations of the County Chesapeake Bay Critical Area Program, the Department of Planning and Zoning shall take enforcement action including:

(1)

Issuance of abatement, restoration and mitigation orders as necessary to:

(a)

Stop unauthorized activity; and

(b)

Restore and stabilize the site to its condition prior to the violation, or to a condition that provides the same water quality and habitat benefits.

(2)

Requiring the implementation of mitigation measures, in addition to restoration activities, to offset the environmental damage and degradation or loss of environmental benefit resulting from the violation.

Right to enter property. Except as otherwise authorized and in accordance with the procedures specified herein, and § 8-1815 of the Natural Resources Article of the Annotated Code of Maryland, as the same may be amended, the Director of the Department of Planning and Zoning or his or her designee may obtain access to and enter a property in order to perform a routine inspection following the approval and issuance of a permit or zoning certificate, or to identify or verify a suspected violation, restrain a development activity or issue a notification letter if the Department of Planning and Zoning has probable cause to believe that a violation of the County Chesapeake Bay Critical Area Program has occurred, is occurring or will occur. If entry is denied, the Department of Planning and Zoning may seek a court order to enter the property to pursue an enforcement action.

Enforcement procedures.

(1)

Before issuing a notice of violation, the person(s) believed to have violated the County Chesapeake Bay Critical Area Program shall receive a notification letter that includes:

(a)

The name and address of the person(s) charged;

(b)

The nature of the violation, with reference to the section of Zoning Code violated;

(c)

The place and time the violation occurred, or was first observed;

(d)

A restoration and/or mitigation order to abate water quality and habitat impacts resulting from the violation; and

(e)

A timeframe for compliance and/or to contact the Department of Planning and Zoning.

(2)

Failure to comply with the requirements of the notification letter shall result in a formal notice of violation being sent to the owner's last known address. If the violation is not satisfied within 15 calendar days from the date of the notice, the Department of Planning and Zoning may request adjudication of the case through the District Court of Maryland as a criminal offense. The District Court shall schedule the case for trial and summon the defendant to appear.

(3)

In a proceeding before the District Court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions in Title 6 of the Local Government Article of the Annotated Code of Maryland. The state's attorney for Harford County may prosecute the case.

(4)

In addition to any other penalty applicable under state or County law, every violation of a provision of Title 8, Subtitle 18 of Natural Resources Article of the Annotated Code of Maryland, as the same may be amended, or a provision of the County Chesapeake Bay Critical Area Program shall be punishable by a fine of up to $10,000 for each calendar day that the violation occurred. The amount of the fine for each violation, including each continuing violation, shall be determined separately. In determining the amount of the fine, the Court shall consider:

(a)

The gravity of the violation;

(b)

The presence or absence of good faith of the violator;

(c)

Any willfulness or negligence involved in the violation including a history of prior violations;

(d)

The environmental impact of the violation; and

(e)

The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to the Department for performing, supervising or rendering assistance to the restoration and mitigation.

(5)

Payment of all fines assessed shall be a required condition precedent to the issuance of any permit or other approval required by the County Chesapeake Bay Critical Area Program.

(6)

The Department of Planning and Zoning is authorized to institute injunctive or other appropriate actions or proceedings to bring about the discontinuance of any violation of the Harford County Chesapeake Bay Critical Area Program, an administrative order, a permit, a decision or other imposed condition. The pendency of any judicial review or court action shall not prevent the Department of Planning and Zoning from seeking injunctive relief to enforce an administrative order, permit, decision or other imposed condition, or to restrain a violation pending the outcome of the judicial review or court action.

Restoration and mitigation.

(1)

The Department of Planning and Zoning shall issue a restoration order to any person(s) violating the County Chesapeake Bay Critical Area Program, requiring the violator to:

(a)

Remove any construction materials, equipment, structures or other construction work or development activity built or erected in violation of the County Chesapeake Bay Critical Area Program;

(b)

Restore any property to its condition as it existed before any violation of the County Chesapeake Bay Critical Area Program; and

(c)

Perform any condition or obligation required by the County Chesapeake Bay Critical Area Program or by any permit, approval, special exception or variance.

(2)

The Department of Planning and Zoning shall issue a mitigation order to any person who has been cited for a violation of the County Chesapeake Bay Critical Area Program. Mitigation is required for all violations of the County Chesapeake Bay Critical Area Program and shall be in addition to any required abatement or restoration activities.

(a)

Unapproved disturbance, lot coverage or tree removals outside of the Critical Area buffer and other habitat protection areas shall be subject to violation mitigation at a ratio of 3:1, unless otherwise stated in the County Chesapeake Bay Critical Area Program.

(b)

Unapproved disturbance, lot coverage or tree removals within habitat protection areas, to include the Critical Area Buffers, shall be subject to violation mitigation at a ratio of 4:1.

Variances pursuant to a violation. The Department of Planning and Zoning may accept an application for a variance regarding a parcel or lot that is subject to a current violation of the County Chesapeake Bay Critical Area Program or any provisions of an order, permit or plan in accordance with the variance provisions of the County Chesapeake Bay Critical Area Program. However, the application shall not be reviewed or processed until all abatement, restoration and mitigation measures have been implemented and inspected by the Department. The County may not issue a permit for the activity that was the subject of the variance application until all applicable appeal periods have been exhausted. Application for a variance pursuant to a violation constitutes a waiver of the right to appeal the terms of a notice of violation and its final adjudication, including the payment of any penalties and costs assessed.

Permits pursuant to a violation.

(1)

The Department of Planning and Zoning shall not issue any permit, zoning certificate or approval unless:

(a)

All criminal fines or penalties have been fully paid as set forth in Subsection F above;

(b)

Restoration and/or mitigation has been completed and inspected by the Department, to abate impacts to water quality or natural resources due to the violation;

(c)

Abatement measures have been performed as set forth in the approved plan, in accordance with the County Chesapeake Bay Critical Area Program; and

(d)

Any additional mitigation required as a condition of approval for the permit, approval, variance or special exception has been completed.

(2)

Unless an extension of time is approved by the Department of Planning and Zoning because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance or special exception shall be completed.

§ 267-63.3 Critical Area development requirements.

[Added by Bill No. 22-011]

General requirements.

(1)

All development in the Critical Area, including new lot coverage, shall require a County permit or zoning certificate prior to the start of any work including, but not limited to:

(a)

Homes, sheds, garages, carports, gazebos and other structures.

(b)

Driveways, patios and walkways.

(c)

Stone, gravel, pavers, bricks and cobblestone of any kind, even in decorative flower beds and under decks.

(d)

Concrete, asphalt and marketed "pervious" or "porous" materials.

(e)

Retaining walls, bulkheads, piers, docks and boat lifts.

(f)

Decks, pools and man-made ponds.

(g)

Any other kind of material that would inhibit the natural growth of vegetation or otherwise prevent water from penetrating through to the ground below.

(2)

In this section, a dwelling unit is defined as a single unit providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life. Dwelling unit includes a living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guest house, or a caretaker residence.

(3)

In this section, immediate family is defined as a father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter or sibling.

(4)

In this section, intrafamily transfer is defined as a transfer to a member of the owner's immediate family of a portion of the owner's property for the purpose of establishing a residence for that family member.

(5)

In this section, legally developed means all physical improvement to a property that existed before Critical Area Commision approval of the County's Chesapeake Bay Critical Area Program or were properly permitted in accordance with the provisions of the County's Chesapeake Bay Critical Area Program in effect at the time of construction.

(6)

Development and redevelopment shall be subject to the requirements as set forth in the County Chesapeake Bay Critical Area Program, including those associated with:

(a)

Habitat protection areas and the Critical Area buffer;

(b)

Water-dependent facilities;

(c)

Forests and developed woodlands; and

(d)

Other mitigation requirements as set forth in the County Critical Area Program.

(7)

Cluster development shall be used for developing in the Critical Area as a means of minimizing the amount of lot coverage and the destruction of existing natural vegetation. This requirement does not supersede the requirements of § 267-70 (Conventional with open space (COS)) pertaining to the conventional open space (COS) and planned residential development (PRD).

(8)

Road standards may be modified by the County on a case-by-case basis to reduce potential impacts to the site and Critical Area resources, where the reduced standards do not significantly affect safety.

(9)

All development plans shall incorporate a wildlife corridor system that connects the largest, most undeveloped or most vegetated tracts of land on-site and adjacent to the site, as similarly depicted in the Harford County Green Infrastructure Plan, and shall be:

(a)

Protected by a County-approved conservation easement, restrictive covenant or similar instrument to ensure maintenance of the wildlife corridor; and

(b)

Preserved by a public or private group.

(10)

All development activities that must cross or affect streams shall be designed to:

(a)

Reduce increases in flood frequency and severity that are attributable to development;

(b)

Retain tree canopy so as to maintain stream water temperature within normal variation;

(c)

Provide a natural substrate for stream beds; and

(d)

Minimize adverse water quality and quantity impacts of stormwater.

Prohibited activities.

(1)

New or expanded sanitary landfills or rubble landfills, including transfer stations, shall not be permitted in the Critical Area.

(2)

New or expanded solid or hazardous waste collection or disposal facilities shall not be permitted in the Critical Area.

(3)

New storage tanks for vehicle fuels on residential lots shall not be permitted in the Critical Area.

Continuation of existing permitted facilities. Existing, permitted facilities of the type noted in Subsection B above shall be subject to the standards and requirements of the Department of the Environment, under Title 26 of the Code of Maryland Regulations.

Mitigation. Approved Critical Area disturbance and tree/shrub removals shall adhere to the following mitigation requirements:

(1)

Plants shall be of native Maryland species, located in permeable areas equal to or greater than the area of impervious surface increase, between new construction and surface waters.

(2)

Mitigation credit is determined as set forth in the table in § 267-63.7D (the Critical Area buffer, Mitigation and planting credit for the Critical Area buffer).

(3)

Plantings shall be established and maintained in accordance with a landscaping plan and covenant as approved by the Department of Planning and Zoning. Such new plantings shall be located between new construction and surface waters.

(4)

Mitigation plantings shall ensure a diversified plant community to include canopy trees, understory trees, shrubs and herbaceous plants.

(5)

If mitigation planting and/or offsets, as outlined in Appendix K of the Harford County Chesapeake Bay Critical Area Program Manual, are not feasible as determined by the Director of Planning and Zoning, the applicant shall be required to pay a fee-in-lieu of $4.00 per square foot of incomplete mitigation, as set forth in § 267-63.18D (Forest and woodland protection, Fee-in-lieu of planting mitigation).

(6)

Mitigation for the critical area buffer shall be required as set forth in § 267-63.7 (The Critical Area buffer) and § 267-63.8 (Modified buffer areas).

(7)

Removal of trees and shrubs outside of the Critical Area buffer shall be replaced 1:1, except as set forth in § 267-63.18 (Forest and woodland protection).

(8)

Removal of forest or developed woodland shall meet the replacement standards set forth in § 267-63.19 (Timber harvesting).

(9)

All mitigation shall be completed within 1 year from the date of project approval, prior to the issuance of any certificate of occupancy permits.

Reasonable accommodations for the needs of disabled citizens. The Director of Planning and Zoning may make reasonable accommodations to avoid discrimination on the basis of a physical disability. Reasonable accommodations for the needs of disabled citizens may be permitted in accordance with the evidentiary requirements set forth in the following paragraphs.

(1)

An applicant shall demonstrate by a preponderance of evidence that:

(a)

A physical disability exists;

(b)

The alterations will benefit persons with a disability within the meaning of the Americans with Disabilities Act;

(c)

Literal enforcement of the County Chesapeake Bay Critical Area Program would result in discrimination by virtue of such disability or deprive a disabled citizen or user of the reasonable use and enjoyment of the property;

(d)

A reasonable accommodation would reduce or eliminate the discriminatory effect of the requirements or restore the disabled citizen's reasonable use or enjoyment of the property;

(e)

The accommodation requested will not substantially impair the purpose, intent or effect of the provisions of the County Chesapeake Bay Critical Area Program as applied to the property; and

(f)

The accommodation would:

[1]

Be environmentally neutral with no greater negative impact on the environment than the literal enforcement of the County Chesapeake Bay Critical Area Program; or

[2]

Allow only the minimum environmental changes necessary to address the needs resulting from the particular disability of the applicant.

(2)

The Director of Planning and Zoning shall determine the nature and scope of any accommodation under the County Chesapeake Bay Critical Area Program and may award different or other relief than requested after giving due regard to:

(a)

The standards set forth in the County Chesapeake Bay Critical Area Program;

(b)

The purpose, intent or effect of the requirements from which relief is requested; and

(c)

The size, location, nature and type of accommodation proposed and whether alternatives exist that could accommodate the need with less adverse effect.

(3)

The Director of Planning and Zoning may require, as a condition of approval, that the property be restored to comply with all applicable provisions of the County Chesapeake Bay Critical Area Program upon termination of the need for the accommodation. Appropriate bonds may be collected or liens placed in order to ensure the County's ability to restore the property should the applicant fail to do so.

§ 267-63.4 Intensely developed areas.

[Added by Bill No. 22-011]

Notification of project approval. The following types of developments, subdivisions and site plans proposed wholly or partially within the intensely developed area do not require review from the Critical Area Commission if the proposed project does not result in a physical disturbance to a Critical Area buffer or other habitat protection area:

(1)

A single-family dwelling unit.

(2)

An accessory structure to a single-family dwelling unit that may include, but is not limited to, a pool, garage, porch, shed or tennis court.

(3)

Development in which the land disturbance does not exceed 15,000 square feet.

(4)

Subdivisions resulting in 10 lots or less, or 10 dwelling units or less.

Activities authorized only in the intensely developed area.

(1)

Construction of accessory structures outside of the Critical Area buffer and other habitat protection areas that disturb less than 250 square feet are exempt from mitigation planting and 10% pollutant removal requirements.

(2)

Disturbance 250 square feet or greater that results in the permanent construction of an impervious surface area outside of the Critical Area buffer and other habitat protection areas shall be mitigated with landscaping plantings at a ratio of 1:1 square foot on that lot or parcel, and/or through the use of best management practices for stormwater management, as specified in Appendix B of Harford County Chesapeake Bay Critical Area Program Manual.

(3)

New, expanded or redeveloped industrial or port-related facilities and the replacement of these facilities shall be permitted only in the intensely developed area, and/or in those portions within the intensely developed area that have been designated as modified buffer areas.

(4)

Certain prohibited development or redevelopment activities, because of their intrinsic nature, may be permitted in the intensely developed area only after demonstrating to the local and state permitting agencies that there will be a net improvement in water quality to the adjacent body of water. These activities include the following:

(a)

Non-maritime heavy industry.

(b)

Transportation facilities and utility transmission facilities, except those necessary to serve permitted uses, or where regional or interstate facilities must cross tidal waters (utility transmission facilities do not include power plants).

(c)

Permanent sludge handling, storage and disposal facilities, other than those associated with wastewater treatment facilities. Agricultural or horticultural use of sludge may be approved in the Critical Area, except in habitat protection areas as defined in § 267-63.9 (Habitat protection areas), if applied using an approved method at approved application rates.

(5)

All existing facilities as set forth in Paragraph (4) of this subsection shall be operated in conformance with all applicable County, state and federal regulations.

General policies. New or expanded development or redevelopment shall take place in such a way as to:

(1)

Improve the quality of runoff that enters the Chesapeake Bay or its tributary streams;

(2)

Accommodate additional development of the type and intensity designated by the County in the County Chesapeake Bay Critical Area Program, provided that water quality is not impaired;

(3)

Conserve and enhance fish, wildlife and plant habitats as identified in the habitat protection area as set forth in § 267-63.9 (Habitat protection areas) to the maximum extent possible within intensely developed areas; and

(4)

Encourage the use of retrofitting measures to address existing stormwater management problems.

Development standards. In addition to all of the requirements set forth in § 267-63.3 (Critical Area development requirements), all development in the intensely developed area shall meet the following standards of environmental protection:

(1)

Stormwater shall be addressed in accordance with the following provisions:

(a)

All development and redevelopment activities shall include stormwater management best management practices that reduce pollutant loadings by at least 10% below that of pre-development or redevelopment levels, as provided in the Critical Area 10% Rule Guidance Manual, as may be subsequently amended in Appendix B of the Harford County Chesapeake Bay Critical Area Program Manual.

(b)

Stormwater management activities shall also use environmental site design (ESD) practices, as permitted under stormwater management laws and regulations, if ESD practices provide greater water quality protection than procedures for the 10% rule and meets the 10% pollutant removal requirement.

(c)

Stormwater management to meet the 10% requirement shall be provided on-site to the maximum extent practicable.

(d)

Where the 10% requirement cannot be met as described in Appendix B of the Harford County Chesapeake Bay Critical Area Program Manual, a fee-in-lieu may be provided at $35,000 per pound of phosphorus not removed.

(e)

With other offsets as described in the Maryland Chesapeake and Atlantic Coastal Bays Critical Area 10% Rule Guidance - Fall 2003 and as may be subsequently amended. Offsets must remove a phosphorus load equal to or greater than the remaining 10% requirement.

(f)

The County shall track and report annually to the Critical Area Commission all stormwater fee-in-lieu collected and expended, as well as any authorized stormwater offsets.

(2)

Existing areas of public access to the shoreline, such as footpaths, scenic drives and other public recreational facilities, shall be maintained and, if possible, increased within intensely developed areas rather than expanded in the limited development areas or resource conservation areas. New areas of public access to the shoreline shall be included in the plans for development or redevelopment of shoreline areas.

(3)

Ports and industries that use water for transportation and derive economic benefits from shore access shall be located near existing port facilities. The County may identify other sites for planned future port facility development and use if this use will provide significant economic benefit to the state or County and is consistent with the provisions of § 267-63.16 (Water-dependent structures) and other state and federal regulations.

§ 267-63.5 Limited development areas.

[Added by Bill No. 22-011]

Notification of project approval. The following types of developments, subdivisions and site plans proposed wholly or partially within the limited development area do not require review from the Critical Area Commission if the proposed project does not result in a physical disturbance to a Critical Area buffer or other habitat protection area:

(1)

A single-family dwelling unit.

(2)

An accessory structure to a single-family dwelling unit that may include, but is not limited to, a pool, garage, porch, shed or tennis court.

(3)

Development in which the land disturbance does not exceed 15,000 square feet.

(4)

Subdivisions resulting in 3 lots or less, which do not affect the County's growth allocation.

General policies. New or expanded development or redevelopment shall take place in such a way as to:

(1)

Maintain or improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributaries;

(2)

Avoid or otherwise minimize disturbance to natural habitat; and

(3)

Keep the prevailing density established in the surrounding area in accordance with the Critical Area designations.

Development standards. In addition to all of the requirements set forth in § 267-63.3 (Critical Area development requirements), all development in the limited development area shall meet the following standards of environmental protection:

(1)

Except as otherwise provided in this subsection, lot coverage is limited to 15% of a lot or parcel, or any portions of a lot or parcel, that are designated LDA.

(a)

If a parcel or lot of one-half acre or less in size existed on or before December 1, 1985, then lot coverage is limited to 25% of the parcel or lot.

(b)

If a parcel or lot greater than one-half acre and less than one acre in size existed on or before December 1, 1985, then lot coverage is limited to 15% of the parcel or lot.

(c)

If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, then lot coverage may exceed 15% of the individual lot; however, the total lot coverage for the entire subdivision may not exceed 15%.

(d)

Lot coverage limits provided in Paragraphs (A) and (B) above may be exceeded, upon findings by the Planning Director or his or her designee that the following conditions exist:

[1]

The lot or parcel is legally nonconforming. A lot or parcel legally developed as of July 1, 2008 may be considered legally nonconforming for the purpose of lot coverage requirements.

[2]

Lot coverage associated with new development activities on the property has been minimized.

(e)

For a lot or parcel one-half acre or less in size, total lot coverage does not exceed the lot coverage limits in Paragraph (A) by more than 25% or 500 square feet, whichever is greater.

(f)

For a lot or parcel greater than one-half acre and less than 1 acre in size, total lot coverage does not exceed the lot coverage limits in Paragraph (B) or 5,445 square feet, whichever is greater.

(g)

The following table summarizes the limits set forth above:

Table 1 Lot Coverage Limits
Lot/Parcel Size (square feet)	Lot Coverage Limit
0 - 8,000	25% of parcel + 500 sf
8,001 - 21,780	31.25% of parcel
21,781 - 36,300	5,445 sf
36,301 - 43,560	15% of parcel

(h)

If the Planning Director or his or her designee makes the findings set forth in Paragraph (d) above and authorizes an applicant to use the lot coverage limits set forth in that paragraph, the applicant shall:

[1]

Demonstrate that water quality impacts associated with runoff from the development activities that contribute to lot coverage have been minimized through site design considerations or the use of best management practices to improve water quality; and

[2]

Provide on-site mitigation in the form of plantings to offset potential adverse water quality impacts from the development activities resulting in new lot coverage. The plantings shall be equal to 2 times the area of the development activity.

[3]

If the applicant cannot provide appropriate stormwater treatment and plantings due to site constraints, then the County may require the property owner to pay a fee to the County in lieu of performing the on-site mitigation. The amount of the fee shall be $4.00 per square foot of the required mitigation. The County shall use all fees collected under this provision to fund projects that improve water quality within the Critical Area, consistent with the County Chesapeake Bay Critical Area Program.

(2)

If a lot or parcel has 2 non-contiguous areas of limited development area, the lot coverage of 1 limited development area may be transferred to the other limited development area on the same lot or parcel subject to the following conditions:

(a)

The development shall be clustered in the limited development area receiving the lot coverage and the limited development area from which the lot coverage was taken shall be limited to a corresponding lesser amount of lot coverage, such that the overall lot or parcel inside the Critical Area maintains a 15% lot coverage limitation.

(b)

This provision shall not apply to mobile home parks.

(3)

If a limited development area is the result of a growth allocation award, lot coverage shall be limited to 15% of the acreage within the growth allocation envelope (the acreage proposed for growth allocation deduction).

(4)

Development on slopes 15% or greater, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies and standards of this section.

(5)

Development may be allowed on soils having development constraints, including highly erodible soils, hydric soils and soils with severe septic constraints if the development includes mitigation measures that adequately address the identified constraints and will not have significant adverse impacts on water quality or plant, fish or wildlife habitat. A list of highly erodible and hydric soils can be found in Table 1 in the Harford County Chesapeake Bay Critical Area Program Manual.

(6)

For all permit or zoning certificate applications submitted as described in this section, the applicant shall:

(a)

Demonstrate that water quality impacts associated with runoff from the development activities have been minimized through site design considerations or the use of best management practices to improve water quality; and

(b)

Provide planting mitigation at a ratio of 1:1 for all disturbance outside of the Critical Area buffer and other habitat protection areas in order to offset potential adverse water quality impacts from the development activities, except as set forth in § 267-63.18 (Forest and woodland protection).

§ 267-63.6 Resource conservation areas.

[Added by Bill No. 22-011]

Notification of project approval. Review from the Critical Area Commission is not required for developments, subdivisions or site plans proposed wholly or partially within the resource conservation area for which the land disturbance does not exceed 5,000 square feet, nor does it result in a physical disturbance to the Critical Area buffer or other habitat protection area.

Development standards. In addition to all of the requirements set forth in § 267-63.3 (Critical Area development requirements), all development in the resource conservation area shall meet the following standards of environmental protection:

(1)

Preservation of agriculture, forestry and areas of natural habitat shall be considered preferred land uses within this area.

(2)

Nothing in this section shall limit the ability of a participant in any agricultural easement program to convey real property restricted with such an easement to family members, provided that no such conveyance will result in a density greater than 1 dwelling unit per 20 acres.

(3)

Development activity within the resource conservation area shall be consistent with the policies and standards for the limited development area, as set forth in § 267-63.5 (Limited development areas), including all mitigation requirements.

(4)

Any application for subdivision or site plan approval, not involving the use of growth allocation, shall have a minimum Critical Area buffer of 200 feet from tidal waters or a tidal wetland.

(a)

The 200-foot shoreline development buffer may be reduced if the strict application of the minimum 200-foot buffer would preclude:

[1]

Subdivision of the property at a density of 1 dwelling unit per 20 acres, provided all other state and local requirements will be satisfied; or

[2]

A family conveyance as permitted by the resource conservation area standards.

(b)

The reduced buffer should be the minimum necessary to accommodate a dwelling and a sewage reserve area, as determined by the Planning Director, but no less than 100 feet unless subdivision of the property at a density of 1 dwelling unit per 20 acres would be impossible. All other state and local requirements shall be satisfied.

Density.

(1)

New residential development shall be permitted at a maximum density of 1 dwelling unit per 20 acres. In calculating the 1 per 20 acre density of development that is permitted on a parcel located within the resource conservation area, the County:

(a)

Shall count each dwelling unit;

(b)

May permit the area of any private wetlands located on the property to be included under the following conditions:

[1]

The density of development on the upland portion of the parcel may not exceed 1 dwelling unit per 8 acres; and

[2]

The area of private wetlands shall be estimated on the basis of vegetative information as designated on the State Wetlands Maps or by private survey approved by Harford County, the Critical Area Commission and Maryland Department of the Environment.

(2)

One dwelling unit shall be permitted on any existing undeveloped parcel or lot of record as of December 1, 1985, regardless of the density requirement, provided that all other provisions of this section are met.

Land uses.

(1)

Existing industrial and commercial facilities, including those that directly support agriculture, forestry, aquaculture or residential development not exceeding the 1 dwelling unit per 20 acre density, shall be allowed in the resource conservation area.

(2)

New industrial, commercial and institutional development shall be prohibited.

(3)

Passive uses are permitted in County-owned park and recreational facilities.

§ 267-63.7 The Critical Area buffer.

[Added by Bill No. 22-011]

Applicability and delineation. Any activity occurring on a lot or parcel that includes the Critical Area buffer must comply with COMAR 27.01.09.01.01-7, as amended, included as Appendix K to the Harford County Chesapeake Bay Critical Area Program Manual. The Critical Area buffer shall be delineated in the field and shown on all applications for proposed activities or changes in land use as follows:

(1)

A Critical Area buffer of 100 feet shall be drawn, and expanded as described in Paragraph (4) of this subsection, based on existing field conditions landward from:

(a)

The mean high-water line of a tidal water;

(b)

The top of each bank of a tributary stream; and

(c)

The upland boundary of a tidal wetland.

(2)

A Critical Area buffer of 75 feet shall be drawn based on existing field conditions landward from the upland boundary of a nontidal wetland.

(3)

A Critical Area buffer of at least 200 feet from all tidal waterways and tidal wetlands shall be drawn on all applications for a subdivision or development activity in the resource conservation area. In the following instances, the 200-foot Critical Area buffer does not apply and the Critical Area buffer shall be delineated in accordance with Paragraph (1) and Paragraph (4) of this subsection:

(a)

The application for subdivision or site plan approval was submitted before July 1, 2008, and legally recorded (subdivisions) or received approval (site plans), by July 1, 2010; or

(b)

The application involves the use of growth allocation.

(4)

A Critical Area buffer shall be drawn to expand beyond 100 feet as described in Paragraph (1) of this subsection, and beyond 200 feet as described in Paragraph (3) of this subsection, to include the following contiguous land features:

(a)

A steep slope at a rate of 4 feet for every 1% of slope or the entire steep slope to the top of the slope, whichever is greater. Topographic information contained in Harford County's GIS will be used to determine the presence of steep slopes unless field verifications are provided to detail the locations of these slopes.

(b)

A nontidal wetland to the upland boundary of its 75-foot Critical Area buffer.

(c)

The 100-foot Critical Area buffer that is associated with a nontidal wetland of special state concern as stated in COMAR 26.23.06.01.

(d)

Hydric soils or highly erodible soils to the lesser of:

[1]

The landward edge of the hydric or highly erodible soils; or

[2]

200 feet beyond the 100-foot Critical Area buffer, for a total of 300 feet.

Authorized disturbance to the Critical Area buffer. A buffer management plan, as shown in Appendix K of the Harford County Chesapeake Bay Critical Area Program Manual, shall be required by the Department of Planning and Zoning prior to all disturbance activities in the Critical Area buffer, whether or not a County permit or zoning certificate is required for the activity. Provided that a buffer management plan is approved as required and all mitigation is performed in accordance with this section, the Department of Planning and Zoning may authorize disturbance to the Critical Area buffer for the following activities:

(1)

A new development or redevelopment activity associated with a water-dependent facility as set forth in § 267-63.15 (Water-dependent facilities and activities), where mitigation occurs 2:1.

(2)

A shore erosion stabilization measure permitted by the state in accordance with COMAR 26.24.02.

(3)

The replacement of an existing septic system on a lot created before December 1, 1985, where mitigation occurs 1:1.

(4)

Disturbance for water access, specifically a direct or single pathway no wider than 3 feet (or ADA compliant in width and slope), where mitigation occurs 2:1.

(5)

A development or redevelopment activity approved in accordance with the variance provisions of the County Chesapeake Bay Critical Area Program.

(6)

The planting of native vegetation to protect, stabilize or otherwise enhance the shoreline.

(7)

The removal of invasive plants or other vegetative maintenance such as trimming and pruning, where mitigation occurs 1:1 for vegetation removal.

Critical Area buffer establishment.

(1)

The Critical Area buffer shall be established with vegetation in accordance with Table 2 below and Subsection D below, as a requirement for any of the following activities:

(a)

Approval of a subdivision.

(b)

Conversion from one land use to another land use on a lot or a parcel.

(c)

Development or redevelopment on a lot or a parcel created before January 1, 2010.

(2)

The requirements of this subsection are not applicable to an in-kind replacement of a structure.

(3)

Installation or cultivation of new lawn or turf shall be prohibited in the Critical Area buffer.

(4)

The applicant shall provide a buffer management plan for all proposed work in the Critical Area buffer and shall seek County approval prior to the start of all work.

(5)

When the Critical Area buffer is not fully forested or is not fully established in existing, naturally occurring woody or wetland vegetation, the applicant shall establish the Critical Area buffer to the extent required in the following table:

Table 2 Critical Area (CA) Buffer Establishment Requirements
Development Category	Lot Created Before December 1, 1985	Lot Created After December 1, 1985
Development on a vacant lot	Establish the CA buffer based on total square footage of lot coverage outside of the CA buffer	Fully establish the CA buffer
Subdivision	Fully establish the CA buffer
New lot with an existing dwelling unit	Establish the CA buffer based on total square footage of lot coverage outside of the CA buffer
Conversion of a land use on a parcel or lot to another land use	Fully establish the CA buffer
Addition, accessory structure or redevelopment	Establish the CA buffer based on net square footage increase in lot coverage outside the CA buffer
Substantial alteration	Establish the CA buffer based on total square footage of lot coverage outside the CA buffer

(6)

Any lot coverage removed from the buffer may be deducted from the total cumulative amount of establishment required if:

(a)

The lot coverage existed before the date of the local program adaption or was allowed by local procedures; and

(b)

The total area is stabilized.

Mitigation for impacts to the buffer.

(1)

Mitigation and planting credit for the Critical Area buffer. All authorized activities in the Critical Area buffer shall require mitigation in the form of plantings or an approved payment of fee in lieu of plantings. Mitigation includes replacing any canopy coverage or shrubs removed in addition to the mitigation required for the disturbance in accordance with the buffer mitigation ratios as set forth in Table 3.

Table 3 Buffer Mitigation Ratios
Activity	Mitigation Ratio
Septic on a lot created before local program approval if located in existing grass or if clearing is not required	Not applicable
Septic system in a forest or developed woodland on a lot created before local program approval if clearing is required	1:1
Shore erosion control	1:1
Riparian water access	2:1
Development of a water-dependent facility or activity under COMAR 27.01.03	2:1
Variance	3:1
Violation	4:1

(2)

The removal of a dead, diseased, dying, hazardous or invasive tree shall be approved by the Department of Planning and Zoning prior to removal, and shall be replaced with a native canopy tree species of at least 5 feet tall with a caliper of at least 1 inch.

(3)

The removal of a dead, diseased, dying, hazardous or invasive shrub shall be approved by the Department of Planning and Zoning prior to removal, and shall be replaced with a native shrub species purchased in a container of a 3-gallon size or larger.

(4)

The removal of any vegetation, even those which have been planted by the owner, as well as the installation or cultivation of new lawn or turf is prohibited in the Critical Area buffer. The vegetation in the Critical Area buffer is required to be maintained in its natural condition.

(5)

Any lot coverage removed from the buffer may be deducted from the total cumulative amount of mitigation required if:

(a)

The lot coverage existed before the date of local program adoption or was allowed by local procedures; and

(b)

The total area is stabilized.

(6)

Planting for mitigation shall be planted as set forth in § 267-63.18 (Forest and woodland protection) and included as Appendix K of the Harford County Chesapeake Bay Critical Area Program Manual.

(7)

A variance to the planting and mitigation standards of the County Chesapeake Bay Critical Area Program shall not be permitted.

(8)

Failing to install or maintain the required mitigation shall constitute a violation of the County Chesapeake Critical Area Program. A permit or zoning certificate application for any activity shall not be accepted for a property that has a violation.

Buffer planting standards. An applicant that is required to plant the buffer to meet establishment or mitigation requirements shall apply the following planting credits and standards:

(1)

If planting to meet a mitigation requirement, the following combination of plantings may be used:

(a)

If required to plant less than 1 acre, the entire requirement must be met using landscape stock as noted in Table 4.

(b)

If required to plant 1 acre or more, at least 50% of the planting requirement may be met in landscape stock per Table 4 and the remainder may be met in flexible stock per Table 5.

(2)

If planting to meet an establishment requirement, the following combination of plantings may be used:

(a)

If required to plant less than one-quarter acre, the entire requirement must be met using landscape stock per Table 4.

(b)

If required to plant at least one-quarter acre and up to 1 acre, at least 25% of the requirement must be met using landscape stock per Table 4 and the remainder may be met in flexible stock per Table 5.

(c)

If required to plant more than 1 acre, at least 10% of the requirement must be met using landscape stock per Table 4 and the remainder may be met in flexible stock per Table 5.

(3)

A variance to the planting and mitigation standards of this section shall not be permitted.

Planting credits.

(1)

If required to plant using landscape stock, the following planting sizes and credit shall be used:

Table 4 Landscape Stock Credit
Vegetation Type	Minimum Size Eligible for Credit	Maximum Credit Allowed (square feet)	Maximum Percentage of Landscape Stock Credit
Canopy tree	2-inch caliper	200	Not applicable
Canopy tree	3/4-inch caliper	100	Not applicable
Understory tree	3/4-inch caliper	75	Not applicable
Large shrub	3 feet high	50	30%
Small shrub	18 inches high	25	20%
Herbaceous perennial	1-quart or based on the area covered by plugs or seed mix	2	10%
Planting Cluster A (for less than 1/2 acre of planting)	1 canopy tree; and 3 large shrubs or 6 small shrubs of size listed above	300	Not applicable
Planting Cluster B (for less than 1/2 acre of planting)	2 understory trees; and 3 large shrubs or 6 small shrubs of size listed above	350	Not applicable

The department of Planning and Zoning may authorize an applicant to increase the percentage of large shrubs, small shrubs or herbaceous perennials if:

(a)

The buffer has existing canopy coverage of at least 50%; or

(b)

There are verified site constraints that preclude canopy plantings, including severely eroding slopes, saltwater intrusion, predominately sandy soils or unconsolidated fill.

(2)

The following flexible planting stock may be used if authorized under Subsections E(1) or (2) above:

Table 5 Flexible Planting Stock
Stock Size of Trees Only	Required # of Stems/Acre	Survivability Requirement	Minimum Financial Assurance Period After Planting
Bare-root seedlings or whip	700	50%	5 years
1/2-inch to 1-inch container grown trees	450	75%	2 years
More than 1-inch container grown trees	350	90%	2 years

Required submittal of buffer management plans. An applicant that is required to plant the buffer to meet establishment or mitigation requirements shall submit a buffer management plan in accordance with COMAR 27.01.09.01-3. The provisions of this section do not apply to maintaining an existing grass lawn or an existing garden in the buffer.

(1)

Any permit for a development activity that requires buffer establishment or buffer mitigation will not be issued until a buffer management plan is approved by the County.

(2)

An applicant may not obtain final approval of a subdivision application until the buffer management plan has been reviewed and approved by the County.

(3)

The County may not approve a buffer management plan unless:

(a)

The plan clearly indicates that all planting standards under Subsection E above will be met; and

(b)

Appropriate measures are in place for the long-term protection and maintenance of all buffer areas.

(4)

For a buffer management plan that is the result of an authorized disturbance to the buffer, a permit authorizing final certificate of occupancy will not be issued until the applicant:

(a)

Completes the implementation of a buffer management plan; or

(b)

Provides financial assurance to cover the costs for:

[1]

Materials and installation; and

[2]

If the mitigation or establishment requirement is at least 5,000 square feet, long-term survivability requirements as set forth in COMAR 27.01.09.01-2.

(5)

Concurrent with recordation of a subdivision plat, an applicant shall record a protective easement for the buffer.

(6)

If an applicant fails to implement a buffer management plan, that failure shall constitute a violation of the County Chesapeake Bay Critical Area Program. A permit for any development activity will not be issued for a property that has a violation.

(7)

An applicant shall post a subdivision with permanent signs prior to final recordation in accordance with COMAR 27.01.09.01-2.

(8)

Buffer management plans that include natural regeneration shall follow the provisions of COMAR 27.01.09.01-4.

Fee-in-lieu of Critical Area buffer mitigation. If mitigation landscaping and/or offsets, as outlined in the County Chesapeake Critical Area Program and Appendix K of the Harford County Chesapeake Bay Critical Area Program Manual, are not feasible as determined by the Director of Planning and Zoning, the applicant shall be required to pay a fee-in-lieu of $4.00 per square foot of incomplete mitigation, as set forth in § 267-63.18D (Forest and woodland protection, Fee-in-lieu of planting mitigation).

§ 267-63.8 Modified buffer areas.

[Added by Bill No. 22-011]

Description. In addition to the requirements set forth in § 267-63.7B (The Critical Area buffer, Authorized disturbance to the Critical Area Buffer), § 267-63.7D (The Critical Area buffer, Mitigation and planting credit for the Critical Area buffer) and § 267-63.7E (The Critical Area buffer, Buffer planting standards), the following provisions shall also apply to shoreline areas that have been identified as modified buffer areas, previously known as buffer exempt areas. Modified buffer areas are those Critical Area buffers on lots of record as of December 1, 1985 where the pattern of residential, industrial, commercial or recreational development prevents the Critical Area buffer from fulfilling its intended purposes as stated in COMAR 27.01.09.01. Modified buffer areas are not expanded as described in § 267-63.7 (The Critical Area buffer). The lots shall be officially designated by the County, and approved by the Critical Area Commission, as modified buffer areas.

Requirements for all activities in the modified buffer area. New development or redevelopment activities shall not be permitted in the modified buffer area unless the applicant can demonstrate that there is no feasible alternative and the Department of Planning and Zoning finds that efforts have been made to minimize the impacts to the modified buffer area. The development shall comply with the following standards:

(1)

A buffer management plan shall be submitted for any activity or use that proposes a disturbance to the Critical Area buffer, including a 25-foot vegetated buffer yard in the Critical Area buffer as set forth in Subsections C and E below or invasive plant removal, and shall detail the proposed work and the required mitigation to be installed in accordance with COMAR 27.01.09.01-3, as set forth in § 267-63.7 (The Critical Area buffer).

(2)

Development and redevelopment activities are located as far as possible from mean high tide, the landward edge of wetlands and the edge of tributary streams.

(3)

Variances to other setback requirements shall be considered prior to approving additional intrusion into the modified buffer area.

(4)

Convenience or expense are not factors considered when evaluating the extent of allowable impacts to the modified buffer area.

(5)

Development and redevelopment shall not impact any habitat protection area other than the modified buffer area, other state or federal permits notwithstanding.

(6)

Modified buffer area designations shall not be used to facilitate the filling of wetlands, including those that are contiguous to the Critical Area buffer, or to create additional buildable land for new development or redevelopment.

(7)

No vegetation shall be removed from the Critical Area buffer except that which is required by the approved activity. The applicant shall be required to maintain any other vegetation in the Critical Area buffer.

Commercial, industrial, institutional, recreational and multi-family residential development and redevelopment standards. In addition to the requirements outlined in Subsection B above, activities in the modified buffer area shall also comply with the following standards:

(1)

New structures shall minimize the extent of intrusion into the modified buffer. The new development shall not be located closer to the water (or edge of wetlands) than the setback for the underlying zoning district or 50 feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line. The 50-foot setback shall be maintained for all subsequent development or redevelopment of the property.

(2)

Redevelopment, including the replacement of accessory structures, shall minimize the extent of intrusion into the modified buffer area. Redevelopment shall not be located closer to the water (or edge of wetlands) than the setback for the underlying zoning district or 25 feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line. Grandfathered structures located within the setback may remain or a new structure may be constructed in the same footprint of an existing structure or lot coverage. Opportunities to establish a 25-foot vegetated buffer yard should be maximized.

Single-family residential development and redevelopment standards. In addition to the requirements outlined in Subsection B above, proposed activities in the modified buffer area shall also comply with the following standards:

(1)

New accessory structures shall minimize the shoreward extent of intrusion into the modified buffer area. New development and redevelopment shall not be located closer to the water (or the edge of wetlands) than 50 feet, or any closer than principal structures on adjacent properties, whichever is greater.

(2)

Grandfathered accessory structures in the modified buffer area may be replaced in the same footprint. Any increase in lot coverage within the modified buffer area shall comply fully with the requirements of the County Chesapeake Bay Critical Area Program.

(3)

New accessory structures may be permitted in the modified buffer area in accordance with the following requirements:

(a)

The disturbance area of the accessory structure within the modified buffer area shall be minimized.

(b)

The cumulative total area of all new and existing accessory structures on the property shall not exceed 500 square feet within 50 feet of the water and 1,000 square feet total.

Mitigation in the modified buffer area.

(1)

The removal of any vegetation from the Critical Area buffer, including invasive species, shall require planting mitigation equivalent to the area of canopy coverage removed.

(2)

All development and redevelopment activities in the modified buffer area require mitigation at a rate of 2:1, rounded to the nearest 100 square feet of canopy coverage. Mitigation measures shall be implemented based on the order of preference as listed in Appendix K of the Harford County Chesapeake Bay Critical Area Program Manual.

(3)

Additional mitigation for commercial, industrial, institutional, recreational and multi-family residential development or redevelopment shall be required in the modified buffer. In addition to implementing the mitigation measures as described in this subsection, a 25-foot vegetated buffer yard shall also be established as follows:

(a)

A forested or landscaped buffer yard of at least 25 feet wide shall be established on site between the development and the water. This vegetated buffer yard shall be densely planted with trees and shrubs in accordance with Table 6, below.

(b)

For redevelopment sites where existing structures, or those rebuilt on an existing footprint, limit the area available for planting, appropriate modifications to the width of the planted buffer yard may be made on a case-by-case basis.

Table 6 Required Buffer Yard Planting.
Area	Quantity and Stocking	Suggested Species
For every 100 linear feet of buffer yard	5 trees; and	White or red oak, pin oak, willow oak, red maple, American holly, Eastern red cedar
	10 understory trees/large shrubs; and	Dogwood, mountain laurel, bayberry, shadbush, winterberry
	30 small shrubs; and	pepperbush, chokeberry, strawberry bush, sweetspire
	40 herbaceous plants, grasses	Wild columbine, butterflyweed, common milkweed, asters

(4)

Any required mitigation or offset areas shall be protected from future development through an easement, development agreement, plat notes or other instrument and recorded among the land records of Harford County.

(5)

Applicants who cannot comply with either the planting or offset requirements above shall pay a fee-in-lieu of $4.00 per square foot of required mitigation. Fee-in-lieu funding shall be utilized as set forth in § 267-63.18D (Forest and woodland protection, Fee-in-lieu of planting mitigation).

(6)

Notification. All new commercial, industrial, institutional, recreational, multi-family residential development or redevelopment projects shall be submitted to the Critical Area Commission in accordance with § 267-63.1D (Implementation, Notification of project approval). Mitigation plans shall be included as part of the project submission.

§ 267-63.9 Habitat protection areas.

[Added by Bill No. 22-011; amended by Bill No. 23-037]

Description. Areas with significant natural resource value are called habitat protection areas no matter where they are located within the Critical Area. To ensure protection of these areas, an applicant for a development activity, redevelopment activity or change in land use shall identify all applicable habitat protection areas and follow the standards set forth in COMAR 27.01.09, as amended, included in Appendix K of the Harford County Chesapeake Bay Critical Area Program Manual. In addition to the Critical Area buffer described in § 267-63.7 (The Critical Area buffer) and § 267-63.8 (Modified buffer areas), other habitat protection areas include:

(1)

Wetlands or other identified aquatic habitats.

(2)

Habitats of state and federally designated and listed threatened or endangered species or species in need of conservation, natural heritage areas and habitats of local significance.

(a)

Species sites include:

Boyer Road Shoreline

Gunpowder Shore

I-95 Crossing

Lower Deer Creek

Lower Susquehanna

Northern Susquehanna Canal

Oakington Shore

Otter Point Creek

South Lapidum

Stafford Road Slopes

Swan Creek

Species include:

Small Waterwort (rare)

[2]

Mudwort (endangered)

[3]

Parker's Pipewort (threatened)

[4]

Maryland Bur-Marigold (watchlist)

[5]

Spongy Lophotocarpus (rare)

[6]

Northern Map Turtle (endangered)

[7]

Chesapeake Logperch (threatened)

[8]

Maryland Darter (endangered)

[9]

Single-Headed Pussytoes (threatened)

[10]

Rapids Clubtail (in need of conservation)

[11]

Shortnose Sturgeon (endangered)

[12]

Atlantic Sturgeon (threatened)

[13]

Short's Rockcress (watchlist)

[14]

Starflower Solomon's-Plume (endangered)

[15]

Sweet-Scented Indian-Plantain (endangered)

[16]

Valerian (endangered)

[17]

Creeper (in need of conservation)

[18]

Alewife Floater (watchlist)

[19]

Comely Shiner (watchlist)

[20]

Primrose-Willow (state rare)

[21]

Potomac Amphipod (watchlist)

[22]

Salt-Marsh-Bulrush (rare)

[23]

Tickseed Sunflower (watchlist)

(3)

Colonial water bird nesting sites.

(4)

Riparian forests and other forested areas utilized as breeding habitat by forest interior dwelling species.

(5)

Anadromous fish propagation waters.

(6)

Waterfowl staging and concentration areas in tidal waters, tributary streams or tidal and nontidal wetlands.

(7)

Other areas that may, in the future, be identified by state and federal agencies as important plant and wildlife habitat areas. The process for designation of new habitats shall be in accordance with COMAR 27.01.09.04C(2)(c).

Maps identifying these specific habitat protection areas are maintained by the Department of Natural Resources Wildlife and Heritage Division. The most recent updated inventory was completed in August, 2022, and recommendations contained in Appendix I of the Harford County Critical Area Program, entitled "Habitat Protection Areas for the Harford County Critical Area" and are hereby incorporated into this Code.

Process.

(1)

The disturbance of a habitat protection area shall be prohibited unless permitted as set forth in Subsection D below.

(2)

An applicant for a proposed activity within a habitat protection area shall request review by the Department of Natural Resources Wildlife and Heritage Service, and, as necessary, the United States Fish and Wildlife Service, for comment and technical advice.

(3)

An applicant shall coordinate with the Department of Natural Resources to develop a habitat protection plan that provides for the protection and conservation of the species and habitats identified.

Special conditions.

(1)

The location of roads, bridges or utilities shall be prohibited within the boundaries of a habitat protection area unless there is no feasible alternative, as determined by the Director of Planning and Zoning in consultation with the Director of the Department of Public Works, in which case they shall be located, designed, constructed and maintained to provide maximum erosion protection, minimize adverse effects on wildlife and aquatic life and their habitats and maintain hydrologic processes and water quality.

(2)

Existing farm ponds and other existing man-made bodies of water for the purpose of impounding water for agriculture, water supply, recreation or waterfowl habitat are specifically excluded from coverage by the provisions of this section.

(3)

Any activity that occurs in a free-flowing stream with a watershed of 400 acres or more (or 100 acres or more in the case of trout streams) requires a waterways construction/obstruction permit from the Maryland Department of the Environment.

(4)

An applicant shall demonstrate how development activities that must cross or otherwise affect streams will be designed to:

(a)

Reduce increases in flood frequency and severity that are attributable to development;

(b)

Retain tree canopy so as to maintain stream water temperatures within normal variation;

(c)

Provide a natural substrate for streambeds; and

(d)

Minimize adverse water quality and quantity impacts of stormwater.

Threatened and endangered species and species in need of conservation. If a threatened or endangered species, or species in need of conservation, is identified on a development site, the habitat protection plan shall include a designated protection area around the habitat occurring on site, unless the applicant can demonstrate development impacts have been minimized, as determined by the Department of Natural Resources.

Plant and wildlife habitat protection areas.

(1)

Plant and wildlife habitats in the Critical Area include:

(a)

Colonial water bird nesting sites;

(b)

Waterfowl staging and concentration areas in tidal waters, tributary streams or tidal and nontidal wetlands;

(c)

Existing riparian forests (e.g., relatively mature forests of at least 300 feet in width which occur adjacent to streams, wetlands or the Bay shoreline and which are documented breeding areas);

(d)

Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species (e.g., relatively mature forested areas within the Critical Area of 100 acres or more, or forest connected with such areas);

(e)

Other areas which may, in the future, be identified by the state and federal agencies as important plant and wildlife habitat areas;

(f)

Other plant and wildlife habitats determined to be of local significance, which include the following:

Belcamp Beach

Grays Run

Leight Park Site

Perryman Woods

Swan Creek Point

Willoughby Woods; and

(g)

Natural heritage areas which have been designated.

(2)

The policies of the County regarding plant and wildlife habitat in the Critical Area shall be to:

(a)

Conserve plant and wildlife habitat in the Critical Area;

(b)

Protect those plant and wildlife habitats that tend to be least abundant or which may become so in the future if current land-use trends continue;

(c)

Protect those plant and wildlife habitat types which are required to support the continued presence of various species; and

(d)

Protect those plant and wildlife habitat types and plant communities which are determined by the County to be of local significance; and

(e)

Protect natural heritage areas.

(3)

If a plant or wildlife habitat is identified on a development site, the habitat protection plan shall include a designated protection area around the habitat occurring on site, unless the applicant can demonstrate development impacts have been minimized, as determined by the Department of Natural Resources.

(4)

When proposing development activities within riparian forests or forest areas utilized as breeding areas by forest interior dwelling birds, applicants shall utilize the guidance found in the Critical Area Commission publication entitled "A Guide to the Conservation of Forest Interior Dwelling Birds in the Chesapeake Bay Critical Area" dated June 2000, and as may be subsequently amended. In addition, the Department of Natural Resources may make specific recommendations based on an evaluation of the site and the proposed development.

(5)

For development activities in resource conservation areas and limited development areas, wildlife corridors shall be established and used to connect areas left in forest cover with any large forest tracts which are located outside of the area of the property being developed or subdivided. The area left in forest cover (at least 70% of the tract in LDAs or RCAs as required by the County Chesapeake Bay Critical Area Program) shall be adjacent to larger forest, not left as an isolated island of trees. Planting required as a mitigation measure shall also be adjacent to other habitat.

(6)

Buffer areas for nesting sites of colonial nesting water birds shall be established so that these sites are protected from the adverse impacts of development activities and from disturbance during the breeding season.

(7)

New water-dependent facilities shall be located to prevent disturbance to sites of significance to wildlife such as historic, aquatic staging and concentration areas for waterfowl.

(8)

Protection measures, including a buffer area, shall be established where appropriate for other plant and wildlife habitat sites identified in this ordinance.

(9)

Forested areas required to support wildlife species identified as threatened and endangered, or in need of conservation, shall be protected and conserved by developing management programs which have as their objective conserving the wildlife that inhabit or use the areas. Development activities, or the clearing or cutting of trees which might occur in the areas, shall be conducted so as to conserve riparian habitat, forest interior wildlife species and their habitat. Management measures may include incorporating appropriate wildlife protection elements into timber harvest plans, forest management plans, cluster zoning or other site design criteria which provide for the conservation of wildlife habitat. Measures may also include soil conservation plans which have wildlife habitat protection provisions appropriate to the areas defined above and incentive programs which use the acquisition of easements and other similar techniques.

(10)

When development activities, or the cutting or clearing of trees, occur in forested areas, to the extent practical, corridors of existing forest or woodland vegetation shall be maintained to provide effective connections between wildlife habitat areas.

(11)

Those plant and wildlife habitats considered to be of local significance by the County shall be protected. Examples of these are those whose habitat values may not be of statewide significance but are of importance locally or regionally because they contain species uncommon or of limited occurrence in the jurisdiction or because the species are found in unusually high concentrations.

(12)

Natural heritage areas shall be protected from alterations due to development activities, or cutting or clearing, so that the structure and species composition of the areas are maintained.

Anadromous fish propagation waters.

(1)

The Department of Natural Resources has identified and mapped anadromous fish propagation waters as defined in this Section 267-4 (Definitions) and these maps are available by contacting the Department.

(2)

The policies of the County with regard to anadromous fish propagation waters shall be to:

(a)

Protect the instream and streambank habitat of anadromous fish propagation waters;

(b)

Promote land use policies and practices in the watershed of spawning streams within the Critical Area which will minimize the adverse impacts of development on the water quality of the streams; and

(c)

Provide for the unobstructed movement of spawning and larval forms of anadromous fish in streams.

(3)

Within anadromous fish propagation watersheds, the following measures are required:

(a)

The installation or introduction of concrete riprap or other artificial surfaces onto the bottom of natural streams shall be prohibited unless it can be demonstrated that water quality and fisheries habitat can be improved.

(b)

Channelization or other physical alterations which may change the course or circulation of a stream and thereby interfere with the movement of fish shall be prohibited.

(c)

The County shall require each development activity that occurs within a watershed draining to anadromous fish propagation waters to fulfill the following objectives:

[1]

Minimize development activities or land disturbances within the watershed;

[2]

Maintain, or if practicable, improve water quality in affected streams or other water bodies;

[3]

Minimize to the extent possible the discharge of sediments into affected streams or other water bodies; and

[4]

Maintain, or if practicable, increase the natural or native vegetation of the watershed and tree canopy over the streams.

(4)

The County shall ensure coordination and compliance with complementary state laws and regulations and shall.

(a)

Prohibit the construction or placement of dams or other structures that would interfere with or prevent the movement of spawning fish or larval forms in streams or other designated water bodies. If practical, existing structures shall be removed.

(b)

Ensure that the construction, repair or maintenance activities associated with bridges, or other stream crossing or with utilities and roads, which involve disturbance within the buffer or which occur instream, as described in COMAR 08.05.03.11B(5), shall be prohibited between March 1 and June 15 of each year.

§ 267-63.10 Grandfathering.

[Added by Bill No. 22-011]

Continuation of existing uses and structures.

(1)

Any use or structure in existence as of December 1, 1985 shall be allowed to continue as originally built and utilized, but the intensification or expansion of that use beyond the maximum lot coverage allowed shall not be permitted without a variance.

(2)

If an existing use or structure has been abandoned for more than 1 year or is otherwise restricted by the current Zoning Code, the County may determine that such a use is no longer grandfathered and must conform to the regulations of the current Zoning Code.

(3)

When new construction or additional improvements to a grandfathered structure take place outside of the existing footprint or foundational footprint, that structure shall no longer be considered as grandfathered and must conform to the regulations of the current Zoning Code. Such a structure that serves as the primary structure or residence on the property shall require a new property survey.

(4)

Mitigation or removal of lot coverage shall be required for proposed intensification or expansion of grandfathered lots or parcels, as set forth in § 267-63.5C(2) (Limited development areas, Development standards), provided that all regulations of the County Chesapeake Bay Critical Area Program, including density requirements, have been met.

(5)

If any existing use does not conform with the provisions of this section, or § 267-20 (Nonconforming buildings, structures and uses) and § 267-21 (Enlargement or extension of nonconforming, nonresidential buildings, structures or uses), a variance shall be required for its intensification or expansion, in accordance with the procedures in § 267-63.12 (Variances).

Implementation.

(1)

Nothing in this section shall be interpreted as altering any requirements of the County Chesapeake Bay Critical Area Program, including those related to water-dependent facilities and habitat protection areas.

(2)

Refer to Appendix D of the Harford County Chesapeake Bay Critical Area Program Manual for additional requirements and development regulations pertaining to grandfathered lots and parcels.

§ 267-63.11 Lot consolidation and reconfiguration.

[Added by Bill No. 22-011]

Applicability.

(1)

The provisions of this section shall apply to a consolidation or a reconfiguration of any nonconforming grandfathered parcel or lot.

(2)

In this section, consolidation means a combination of any legal parcels of land or recorded legally buildable lots into fewer lots or parcels than originaly existed. Consolidation includes any term used by the County for a development application that proposes to combine legal parcels of land or recorded legally buildable lots into fewer parcels or lots than the number that existed before the application, a lot line abandonment, a boundary line adjustment, a replatting request, and a lot line adjustment.

(3)

In this section, reconfiguation means a change of the configuration of an existing lot or parcel line of any legal parcel of land or recorded legally buildable lot. Reconfiguration includes a lot line adjustment, a boundary line adjustment, and a replatting request.

(4)

These provisions do not apply to grandfathered parcels or lots that are conforming, or those that meet all of the County Chesapeake Bay Critical Area Program requirements.

(5)

Nonconforming parcels or lots include:

(a)

Those for which a Critical Area variance is sought or has been issued.

(b)

Those located in the resource conservation area and are less than 20 acres in size.

(c)

Those with grandfathered lot coverage that exceeds the maximum amount allowed.

Procedure.

(1)

An applicant seeking a consolidation or reconfiguration shall provide the required information outlined in Subsection C below.

(2)

A consolidation or reconfiguration shall not be approved without making written findings in accordance with Subsection D below and COMAR 27.01.02.08.F.

(3)

The Department of Planning and Zoning shall issue a final written decision or order granting or denying an application for a consolidation or reconfiguration.

(a)

After a final written decision or order is issued, the Department of Planning and Zoning shall send a copy of the decision or order with a copy of any approved development plan to the Critical Area Commission's business address within 10 business days.

(b)

Minor lot line adjustments of 10 feet or less between 2 nonconforming lots of record are exempt from submittal to the Critical Area Commission.

(4)

The Department of Planning and Zoning shall not issue a building permit or approval of any kind until the 30-day appeal timeframe has expired pursuant to COMAR 27.01.02.08.H.

Process for submittal. An application for the consolidation or reconfiguration of any nonconforming parcel of land or recorded legally buildable lot shall be submitted following the procedure set forth in the County's Subdivision Regulations contained in Chapter 268 of the Harford County Code and shall contain at least the following information:

(1)

The date of recordation for each legal parcel of land or legally buildable lot to be consolidated or reconfigured.

(2)

A plan drawn to scale that shows all existing and proposed lot or parcel boundaries.

(3)

A table that lists the number of all legal parcels or recorded legally buildable lots and the number of proposed lots, parcels or dwelling units to be derived.

(4)

Information sufficient to make the findings set forth in Subsection D below.

Standards. The Department of Planning and Zoning shall review an application for a proposed lot consolidation or reconfiguration and in order to approve said application shall make written findings that each one of the following standards has been met:

(1)

The proposed consolidation or reconfiguration shall result in no greater number of lots, parcels or dwelling units in the Critical Area than the existing configuration would allow.

(2)

The proposed lot consolidation or reconfiguration shall result in no greater lot coverage than the existing configuration would allow.

(3)

The proposed consolidation or reconfiguration shall not:

(a)

Create an additional riparian lot or parcel, waterfront lot or any other lot or parcel deeded with water access; or

(b)

Intensify or increase impacts associated with riparian access.

(4)

The proposed consolidation or reconfiguration shall not create:

(a)

A lot, parcel or portion of a lot or parcel that will serve development activities outside of the Critical Area; or

(b)

A resource conservation area lot or parcel that serves development activities in the intensely developed area or limited development area.

(5)

The proposed consolidation or reconfiguration plan shall identify steep slopes and habitat protection areas. If impacts to a steep slope or habitat protection area are proposed, the application shall demonstrate that:

(a)

No greater impact to a steep slope or habitat protection area will result than the impact that would have resulted from the existing lot configuration; and

(b)

Protective measures and restoration measures are implemented as recommended by the Maryland Department of Natural Resources, the United States Fish and Wildlife Service or other agency or organization where applicable.

(6)

The proposed consolidation or reconfiguration shall provide:

(a)

Stormwater management for all proposed development activities;

(b)

Benefits to fish, wildlife and plant habitats that are clearly identified;

(c)

Critical Area buffer establishment as set forth in § 267-63.7 (The Critical Area buffer) and § 267-63.8 (Modified buffer areas); and

(d)

Afforestation and reforestation requirements as set forth in § 267-63.18 (Forest and woodland protection).

§ 267-63.12 Variances.

[Added by Bill No. 22-011]

In addition to the regulations set forth in § 267-11 (Variances), the provisions of this section shall also apply to variances in the Critical Area.

Applicability. Variances as described in this section shall only be granted if, due to special features of a site or other circumstances, implementation of the County Chesapeake Bay Critical Area Program or a literal enforcement of its provisions would result in an unwarranted hardship to an applicant.

(1)

Unwarranted hardship means that without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.

(2)

The County shall presume that the specific development activity in the Critical Area for which a variance is required does not conform with the general purpose and intent of Title 8, Subtitle 18 of the Natural Resources Article of the Annotated of Code of Maryland, as the same may be amended, Title 27 of the Code of Maryland Regulations and the requirements of the County Chesapeake Bay Critical Area Program.

(3)

In accordance with Section 8-1808(d)(2) of the Natural Resources Article of the Annotated Code of Maryland, as the same may be amended, in this section, if a person meets the threshold under federal law, the person shall have standing to participate as a party in the administrative proceeding.

Standards. In granting a variance, the Board of Appeals shall find that the following standards have been met:

(1)

Due to special features of the site or special conditions or circumstances peculiar to the land or structure involved, a literal enforcement of provisions and requirements of the County Chesapeake Bay Critical Area Program would result in an unwarranted hardship.

(2)

A literal interpretation of the provisions of the County Chesapeake Bay Critical Area Program will deprive the applicant of rights commonly enjoyed by other properties in similar areas within the Critical Area.

(3)

The granting of a variance will not confer upon an applicant any special privilege that would be denied to other lands or structures within the Critical Area by the County Chesapeake Bay Critical Area Program.

(4)

The variance request is not based upon conditions or circumstances that are the result of actions by the applicant, including the commencement of development activity before an application for a variance has been filed.

(5)

The variance request does not arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property.

(6)

The granting of a variance shall not adversely affect water quality, fish, wildlife or plant habitat within the Critical Area.

(7)

The granting of the variance will be in harmony with the general spirit and intent of the Chesapeake Bay Critical Area Act and the County Chesapeake Bay Critical Area Program.

(8)

All identified habitat protection areas on or adjacent to the site shall be protected from the proposed development by implementation of either on-site or off-site measures.

(9)

The variance request will not be substantially detrimental to adjacent properties or materially impair the purpose of this Part 1 or the public interest.

Process.

(1)

Applications for a variance shall be made in accordance with § 267-9D (Board of Appeals, Filings), and a copy shall be provided to the Critical Area Commission. The Department of Planning and Zoning shall follow its established procedures for preparing its staff report and for advertising and notification to affected landowners as set forth in the Zoning Board of Appeals Rules of Procedure contained in Chapter A274 of the Harford County Code.

(2)

The Department of Planning and Zoning shall require additional information, studies or documentation deemed necessary to ensure that all applicable requirements are met. Applications shall not be considered complete for processing until all information as required by the Department of Planning and Zoning has been received.

(3)

After a hearing on an application for a variance from the County Chesapeake Bay Critical Area Program, the Board of Appeals shall make written findings reflecting analysis of each standard. With due regard for the person's technical competence and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:

(a)

The applicant;

(b)

The County or any other government agency; or

(c)

Any other person deemed appropriate by the Department of Planning and Zoning.

(4)

The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection A(2) above.

(5)

If an activity or structure for which a variance is requested commenced without permits or approvals and does not meet each of the variance criteria under this section, the variance request shall be denied and the structure must be removed or relocated and the affected resources restored.

(6)

The Department of Planning and Zoning shall notify the Critical Area Commission of the findings and decision to grant or deny the variance request within 10 business days of the issuance of the decision.

(7)

The Department of Planning and Zoning shall not issue a permit or zoning certificate for the activity that was the subject of the variance application until all applicable appeal timeframes have expired.

After-the-fact requests.

(1)

The County shall not accept an application for a variance to legalize a violation of the County Chesapeake Bay Critical Area Program, including an unpermitted structure or other development activity, until the County issues a notice of violation.

(2)

The Board of Appeals shall not approve an after-the-fact variance unless an applicant has:

(a)

Fully paid all criminal fines and penalties imposed under §§ 8-1808(c)(1)(iii)14-15 and (2)(i) of the Natural Resources Article of the Annotated Code of Maryland, as the same may be amended;

(b)

Prepared a restoration or mitigation plan, approved by the Department of Planning and Zoning, to abate impacts to water quality or natural resources as a result of the violation;

(c)

Performed the abatement measures in the approved plan in accordance with the County Chesapeake Bay Critical Area Program; and

(d)

Agreed to install any additional mitigation required within 90 days of the issuance of a permit, approval or variance for the affected property. An extension of planting time may be approved by the Department of Planning and Zoning in case of adverse planting conditions.

(3)

If the Board of Appeals denies the requested after-the-fact variance, then the County shall:

(a)

Order removal or relocation of any structure; and

(b)

Order restoration of the affected resources.

Conditions and mitigation. The Board of Appeals shall impose the following conditions on the use or development of a property that is granted a variance to ensure that the spirit and intent of the County Chesapeake Bay Critical Area Program is maintained:

(1)

Mitigation shall be required at a ratio of 3:1 per square foot, or as recommended by the Department of Planning and Zoning, to offset potential adverse impacts resulting from the granting of the variance; and

(2)

New or expanded structures or lot coverage shall be located the greatest possible distance from mean high water, the landward edge of all wetlands, tributary streams, nontidal wetlands and steep slopes.

§ 267-63.13 Local development projects.

[Added by Bill No. 22-011]

Applicability. For all development in the Critical Area resulting from, or initiated by, any County department or agency, the County shall comply with the provisions set forth in COMAR 27.02.02, COMAR 27.02.04 and COMAR 27.02.06.

Procedures. The sponsoring department or agency of any development project within the County's Critical Area shall work with the Department of Planning and Zoning to determine compliance with the County Chesapeake Bay Critical Area Program.

(1)

If the project meets the provisions of the County Chesapeake Bay Critical Area Program and is locally significant, the Department of Planning and Zoning shall:

(a)

Prepare a consistency report; and

(b)

Submit a copy of the report with relevant plans and information about the project to the Critical Area Commission pursuant to the requirements set forth in COMAR 27.02.02.

(2)

If the project does not meet the provisions of the County Chesapeake Bay Critical Area Program, or if development in the Critical Area is unavoidable because of water dependency or other locational requirements that cannot be satisfied outside of the Critical Area, the Department of Planning and Zoning shall:

(a)

Seek conditional approval by the Critical Area Commission per the requirements of COMAR 27.02.06;

(b)

Submit information as required in the Critical Area Commission's Local Project Submittal Instructions and Application Checklist;

(3)

New major development by a County agency shall, to the extent practical, be located outside the Critical Area. If the siting of the development in the Critical Area is unavoidable because of water dependency or other locational requirements that cannot be satisfied outside the Critical Area, the Department of Planning and Zoning shall request approval from the Critical Area Commission per the Commission's Local Project Submittal Instructions and Application Checklist and provide the following information:

(a)

Provide any findings and supporting documentation showing the extent to which the project or development is consistent with the provisions and requirements of the County Chesapeake Bay Critical Area Program; and

(b)

Provide an evaluation of the effects of the project on the County Chesapeake Bay Critical Area Program.

Critical Area Commission public notice requirements. Public notice is required for all development projects that qualify under COMAR 27.03.01.03. Public notice shall be the responsibility of the County agency proposing the project, and the agency shall provide evidence as part of its submittal to the Critical Area Commission that:

(1)

Public notice was published for 1 business day in a newspaper of general circulation in the geographic area where the proposed development would occur, including the following information:

(a)

The identity of the sponsoring local agency as well as any other local or state agencies affiliated with the project.

(b)

A description of the proposed development.

(c)

The street address of the affected land and a statement that its location is in the Critical Area.

(d)

The name and contact information of the person within the sponsoring state agency or local agency designated to receive public comment, including a fax number and email address, and the deadline for receipt of public comment.

(2)

A sign was posted on the property no later than the date of which the notice was published in the newspaper. The sign shall meet the following requirements:

(a)

The display area of the sign is a minimum of 30 inches by 40 inches in size.

(b)

The same information is displayed on the sign as set forth in Paragraph (1) of this subsection.

(c)

The sign is located in a conspicuous area on the development site and will remain there until after the Critical Area Commission has voted on the development.

(d)

For development that extends more than 1,000 linear feet in road frontage, at least 1 sign is posted at each end of the affected land for which the development is proposed.

(3)

In addition to the public notice required in Paragraphs (1) and (2) of this subsection, the County may also provide public notice by electronic posting on the County website, on the website of a newspaper of general circulation in the geographic area where the proposed development would occur or by notification to a neighborhood association or citizens of a particular geographic area.

(4)

Additional evidence of public notice to include the following documentation:

(a)

The name of the newspaper and the date on which the notice was published.

(b)

A copy of the public notice as it was published in the newspaper.

(c)

A copy of each written comment received during the required 14-day response period following the public notice.

§ 267-63.14 Program changes.

[Added by Bill No. 22-011]

Description. The Department of Planning and Zoning may see the need to amend the County Chesapeake Bay Critical Area Program. County Critical Area Program changes may include, but are not limited to, amendments, refinements, revisions and modifications to zoning regulations, subdivision regulations, Critical Area Maps, the Harford County Chesapeake Bay Critical Area Program Manual, implementation procedures and local policies that affect the County Chesapeake Bay Critical Area Program.

(1)

All requirements as stated in this section and in the County Chesapeake Bay Critical Area Program shall be applied to any proposed change to the Critical Area designation boundaries, or the management thereof, including:

(a)

A request for growth allocation.

(b)

A mistake in the mapping of the original designation area.

(c)

The periodic review of the overall County Chesapeake Bay Critical Area Program.

(2)

All proposed changes to the County Chesapeake Bay Critical Area Program as set forth in this section shall adhere to the process and submittal requirements, where applicable, as outlined in Subsection B below. This shall be done prior to submission for approval to the Critical Area Commission.

(3)

All proposed changes shall also be approved by the Critical Area Commission as established in § 8-1809 of the Natural Resources Article of the Annotated Code of Maryland, as may be amended. No change shall be implemented without approval of the Critical Area Commission.

(4)

Standards and procedures for Critical Area Commission approval of proposed changes are as set forth in the Chesapeake Bay Critical Area Act, codified in § 8-1809(i) and (d), respectively, of the Natural Resources Article of the Annotated Code of Maryland, as may be amended.

Process. All changes to the County Chesapeake Bay Critical Area Program shall be reviewed in accordance with the following procedures and shall conform to the required standards as outlined in this section:

(1)

The following fees shall apply to all applications for changes to the Critical Area designation boundaries:

(a)

$200 for publication and posting.

(b)

$500 for filing.

(c)

$15 per requested acre, or portion of an acre, within the Critical Area.

(2)

The Department of Planning and Zoning shall submit all proposed amendments to the Planning Advisory Board and the Environmental Advisory Board for review, accompanied by written reasoning for the changes.

(3)

The Planning Advisory Board and the Environmental Advisory Board shall transmit their written recommendations regarding the proposed amendments to the Department of Planning & Zoning within 60 calendar days.

(4)

The Department of Planning and Zoning shall send the amendments, as revised per the written recommendations received from the Boards, to the County Council for consideration.

(5)

Within 30 days of the County Council's approval, the amendments package shall be sent to the Critical Area Commission for review. No amendments shall be considered final until written approval is received from the Critical Area Commission. The amendments package shall be accompanied, where applicable, by pertinent findings, plans, environmental reports and studies as described below:

(a)

A written finding that ensures the proposed amendment is consistent with the purposes, policies, goals and provisions of the Chesapeake Bay Critical Area Act and all criteria of the Critical Area Commission.

(b)

A conceptual site plan and environmental features map in accordance with COMAR 27.01.02.06-1.B.

(c)

An environmental report, when applicable, that includes comments from the Maryland Department of the Environment, Maryland Department of Natural Resources, United States Fish and Wildlife Service, Maryland Historical Trust and U.S. Army Corps of Engineers.

(d)

A map that shows the land area where the amendments are proposed.

(6)

The County's official Critical Area Maps and County Chesapeake Bay Critical Area Program shall be amended to reflect any approved changes, and a copy of these documents shall be provided to the Critical Area Commission.

Growth allocation.

(1)

Growth allocation is the number of acres of land available to the County to reclassify a Critical Area designation as a new limited development area or intensely developed area. Growth allocation is available for use in a limited development area or resource conservation area in order to develop at a higher density or allow a use other than what the current classification allows.

(2)

An annexation by a municipality shall meet all of the requirements of this section and of the County Chesapeake Bay Critical Area Program when the proposed use on the parcel requires a land use designation change.

(3)

An applicant shall submit a completed application for a growth allocation to the Department of Planning and Zoning that complies with all of the requirements set forth in this section, the County Chesapeake Bay Critical Area Program and COMAR 27.01.02.06-1.

(4)

Refer to Chapter 2 of the Harford County Chesapeake Bay Critical Area Program Manual for additional information regarding the application review process and associated requirements for the use of growth allocation.

(5)

Consistency with the Comprehensive Plan under this section means that a proposal will further, and not be contrary to, the following items in the Comprehensive Plan:

(a)

Policies;

(b)

Timing of implementation, or development, and of rezoning;

(c)

Development patterns;

(d)

Land uses; and

(e)

Densitites and intensitites.

Comprehensive reviews. The Department of Planning and Zoning shall review its entire County Chesapeake Bay Critical Area Program and shall propose any necessary changes to any part of the County Chesapeake Bay Critical Area Program at least every 6 years. The changes shall be reviewed and considered by the County Council. The anniversary of the date that the County Chesapeake Bay Critical Area Program became effective shall be used to determine when the review shall be completed. Within 60 days after completion of the County Council's review, the County shall send the following information, in writing, to the Critical Area Commission:

(1)

A statement certifying that the required review has been accomplished.

(2)

All necessary requests for the County Chesapeake Bay Critical Area Program amendments, refinements or other matters that the County wishes the Critical Area Commission to consider.

(3)

An updated resource inventory.

(4)

A statement quantifying acreages within each land classification, the growth allocation used and the growth allocation remaining.

Zoning Map amendments. Except for amendments or refinements to the County Chesapeake Bay Critical Area Program developed during the 6-year comprehensive review, a Zoning Map amendment shall only be granted by the County Council upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a Zoning Map that meet the following criteria:

(1)

Are wholly consistent with the land classifications in the adopted County Chesapeake Bay Critical Area Program; or

(2)

Propose the use of growth allocation in accordance with the growth allocation provisions of the County Chesapeake Bay Critical Area Program.

Adoption of a County Chesapeake Bay Critical Area Program change. If approved by the Critical Area Commission, the Department of Planning and Zoning shall incorporate the proposed changes into its adopted County Chesapake Bay Critical Area Program, including any conditions of approval, within 120 days of receiving notice from the Chairman of the Critical Area Commission.

§ 267-63.15 Water-dependent facilities and activities.

[Added by Bill No. 22-011]

Applicability. The provisions of this section apply to those structures or activities associated with industrial, maritime, recreational, educational, aquaculture or fisheries activities that require location at or near the shoreline within the Critical Area buffer. An activity is water-dependent if it cannot exist outside of the Critical Area buffer and is dependent on the water by reason of the intrinsic nature of its operation. These provisions do not apply to silviculture activities.

Identification.

(1)

The provisions of this section are not applicable to:

(a)

A private pier that:

[1]

Is installed or maintained by a riparian landowner; and

[2]

Is not part of a residential project that provides a community pier or other community boat-docking or storage facility under Subsection I below; or

(b)

A nonwater-dependent project covered under COMAR 27.01.13; or

(c)

The maintenance, repair or replacement of existing bulkheads, piers, buildings or maintenance dredging.

(2)

A water-dependent facility or activity includes:

(a)

A port.

(b)

An intake or outfall structure of power plants.

(c)

A marina, another boat-docking facility or a structure or activity that is essential to the operation of the water-dependent facility, structure or activity.

(d)

A fuel pump or other fuel-dispensing equipment on a pier, a sanitary sewage pump or other wastewater removal equipment on a pier or an office on a pier for managing marina operations such as monitoring vessel traffic, registering vessels, providing docking services and housing electrical or emergency equipment related to marina operations.

(e)

The County shall evaluate on a case-by-case basis all proposals for expansion of existing or new water-dependent facilities. The County shall work with appropriate state and federal agencies to ensure compliance with applicable regulations.

(f)

A public beach or any other public water-oriented recreation area.

(g)

Any other water-dependent facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic coastal bays or their watersheds.

General policies. The County shall limit development activities in the Critical Area buffer to those that are water-dependent, as specified in COMAR 27.01.09, and ensure that these activities will have minimal individual and cumulative impacts on water quality, as well as fish, wildlife and plant habitat in the Critical Area, as provided by design and locational criteria.

Standards. The following standards shall apply to new or expanded development activities associated with water-dependent facilities and activities:

(1)

In accordance with § 8-1808.3 of the Natural Resources Article of the Annotated Code of Maryland, as the same may be amended, and COMAR 27.01.09, development in the Critical Area buffer shall be limited to the minimum lot coverage necessary to accommodate each water-dependent facility or activity, regardless of the Critical Area land use classification or the size of the parcel or lot.

(2)

New or expanded development activities may be permitted in the Critical Area buffer in the intensely developed areas and limited development areas provided that it can be shown that:

(a)

The project is water-dependent;

(b)

The project meets a recognized private right or public need;

(c)

The adverse effects on water quality, fish, plant and wildlife habitat are first avoided or otherwise minimized;

(d)

The nonwater-dependent structures or operations associated with water-dependent projects or activities are located outside of the Critical Area buffer as much as possible; and

(e)

The facilities are consistent with an approved local plan as described in Subsection E below.

(3)

All new or expanded development activities shall not be permitted in those portions of the Critical Area buffer that occur in resource conservation areas. Applicants for water-dependent facilities in a resource conservation area, other than those specifically permitted herein, shall apply for a portion of the County's growth allocation as set forth in the County Chesapeake Bay Critical Area Program.

(4)

Mitigation shall occur at a 2:1 ratio based on the limit of disturbance of the proposed development activity that is in the Critical Area buffer or expanded Critical Area buffer.

Evaluating plans for new and expanded water-dependent facilities.

(1)

All applicants for new or expanded water-dependent facilities shall be required to submit pertinent information and materials as listed in Appendix E of the Harford County Chesapeake Bay Critical Area Program Manual.

(2)

Interference with navigation caused by the proximity of a facility near state or federally maintained channels shall constitute grounds for denial of an application.

(3)

Based on the project size, scope, environmental sensitivity on site and potential adverse impacts to water quality, aquatic habitats or terrestrial habitats on or near the site, the Director of Planning and Zoning may require a comprehensive water-dependent facility plan as detailed in Appendix E of the Harford County Chesapeake Bay Critical Area Program Manual. This plan shall be approved by the Director of Planning and Zoning. It is recommended that the applicant consult with the Department of Planning and Zoning prior to submitting this information.

(4)

A building permit or zoning certificate for any construction in or over tidal waters shall not be considered valid without a concurrent state wetlands license or permit from the Maryland Department of the Environment and Section 404/10 permits, as appropriate, from the Army Corps of Engineers.

(5)

The application shall demonstrate that all of the following provisions for new or expanded water-dependent facilities have been met:

(a)

The proposed activities shall not significantly alter existing water circulation patterns or salinity regimes.

(b)

The water body upon which these activities are proposed shall have adequate flushing characteristics in the area for natural dispersal and removal of pollution, as determined by Maryland Department of the Environment.

(c)

Disturbance to wetlands, submerged aquatic plant beds or other areas of important aquatic habitats shall be avoided or otherwise minimized.

(d)

Adverse impacts to water quality that may occur as a result of these activities, such as non-point source runoff, sewage discharge from land activities or vessels or pollutant discharge from boat cleaning and maintenance operations shall be avoided or otherwise minimized.

(e)

Shellfish beds shall not be disturbed or be made subject to discharge that will render them unsuitable for harvesting.

(f)

Interference with the natural transport of sand shall be avoided or otherwise minimized.

(g)

Disturbance to sites of known historical significance to wildlife, such as aquatic staging areas and waterfowl concentration or staging areas, shall be prohibited.

(h)

Location of activities adjacent to habitat protection areas as set forth in the County Chesapeake Bay Critical Area Program shall be avoided or otherwise minimized. The use of activities adjacent to these sites shall be minimized during the time of November through March so as to prevent disturbance to wildlife overwintering or using the site as a migratory staging area.

(i)

Dredging shall be conducted and dredged material shall be placed in an area that was approved for the disposal of channel maintenance dredging before June 11, 1988, and shall use a method that causes the least disturbance to water quality and to aquatic and terrestrial habitats in the Critical Area or the area immediately surrounding the dredging operation.

(j)

Dredged spoil shall not be placed within the Critical Area buffer or in any other designated habitat protection area except as necessary for a beneficial use approved by Maryland Department of the Environment. Mitigation shall be required at a ratio of 1:1 for such beneficial uses, including:

[1]

Backfill for a shoreline stabilization measure.

[2]

Use in a non-structural shoreline stabilization measure, including a living shoreline.

[3]

Beach nourishment.

[4]

Restoration of an island.

[5]

The creation, restoration or enhancement of a wetland, or a fish, wildlife or plant habitat.

[6]

Any other approved beneficial use.

Additional provisions for industrial and port-related facilities or activities.

(1)

New, expanded or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of intensely developed areas that have been designated as modified buffer areas as set forth in the County Chesapeake Bay Critical Area Program and are subject to the provisions set forth in § 267-63.8 (Modified buffer areas).

(2)

Industrial waterfront facilities shall not extend any waterfront construction over or into waterways beyond the limit of pier or bulkhead lines, as established by the Army Corps of Engineers.

Additional provisions for marinas and other commercial maritime facilities or activities. New, expanded or redeveloped marinas may be permitted subject to the requirements as set forth below:

(1)

New, expanded or redeveloped marinas must adhere to all other requirements as outlined in this section.

(2)

New marinas and related maritime facilities shall not be permitted in resource conservation areas. Expansion of existing marinas may be permitted within resource conservation areas provided that it is sufficiently demonstrated that the expansion shall result in an overall net improvement in water quality at, or leaving the site of, the marina.

(3)

The best management practices cited in Appendix E of the Harford County Chesapeake Bay Critical Area Program Manual shall be applied to the location and operation of new or expanded marinas and related maritime facilities, where applicable.

(4)

New and existing marinas shall meet the sanitary requirements of the Maryland Department of the Environment as required in COMAR 26.04.02. New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters.

Additional provisions for community piers. New or expanded community marinas and other non-commercial boat-docking and storage facilities may be permitted in the Critical Area buffer, subject to the requirements in this subsection or the County Chesapeake Bay Critical Area Program, and provided that the following provisions are met:

(1)

These facilities shall not offer food, fuel or other goods and services for sale in the buffer.

(2)

These facilities shall provide adequate and clean sanitary facilities.

(3)

The facilities shall be community-owned and established and operated for the benefit of the citizens of a platted and recorded riparian subdivision.

(4)

The facilities shall be associated with a residential development approved by the County and shall be consistent with all state and local program requirements for the Critical Area.

(5)

Disturbance to the Critical Area buffer shall be the minimum necessary to provide a single point of access to the pier or facility.

(6)

If community piers, slips or moorings are provided as part of the new residential development built or constructed after June 24, 1988, private piers in the residential development shall not be permitted.

Slips and piers.

(1)

No structure connected to the shoreline, such as a dock or pier, shall extend outward from the mean high-water line more than 25% of the distance to the mean high-water line on the opposite shore, or more than 250 feet, whichever is less, nor shall it extend into an existing navigational channel.

(2)

New or expanded private water-dependent facilities shall accommodate no more than 4 boats.

(3)

Nonwater-dependent facilities or structures shall not be constructed on pilings or piers, as set forth in § 267-63.16D (Water-dependent structures, Nonwater-dependent structures on piers).

(4)

The number of slips or piers permitted at the facility shall be the lesser of (a) or (b) below:

(a)

One slip for each 50 feet of shoreline in the subdivision of an intensely developed area or a limited development area, and 1 slip for each 300 feet of shoreline in the subdivision of a resource conservation area; or

(b)

A density of slips or piers according to the following table:

Table 7 Number of Piers/Slips Permitted
Platted Lots or Dwellings in the Subdivision	Piers or Slips
Up to 15	1 for each lot
16 - 40	15 or 75%, whichever is greater
41 - 100	30 or 50%, whichever is greater
101 - 300	50 or 25%, whichever is greater
Over 300	75 or 15%, whichever is greater

Additional provisions for public beaches and other public recreation or education areas.

(1)

Public beaches or other public water-oriented recreation or education areas including, but not limited to, publicly owned boat launching, docking facilities and fishing piers may be permitted in the Critical Area buffer in intensely developed areas.

(2)

The facilities described in Paragraph (1) of this subsection, as well as areas for passive recreation such as hiking, nature study, hunting and trapping and for education may also be permitted within the Critical Area buffer in limited development areas and resource conservation areas provided that the following conditions are met:

(a)

Adequate sanitary facilities shall be provided.

(b)

Service facilities shall be located outside of the Critical Area buffer.

(c)

Permeable surfaces shall be used as the primary surfacing material if no degradation of groundwater would result, although such materials shall count toward the calculated lot coverage.

(d)

Disturbance to any vegetation shall be avoided or otherwise minimized.

(e)

All nonwater-dependent structures or facilities associated with these projects shall be located outside of the Critical Area buffer.

Additional provisions for research areas. Water-dependent research facilities or activities operated by state, federal or local agencies or educational institutions may be permitted in the Critical Area buffer. Nonwater-dependent structures or facilities associated with these projects shall be located outside of the Critical Area buffer.

Additional provisions for fisheries activities.

(1)

Land and water areas with high aquacultural potential shall be identified by the County in cooperation with the state when applications for new or expanded fisheries or aquaculture facilities are submitted to the County. These areas are encouraged for that use and, if so used, shall be protected from degradation by other types of land and water use or by adjacent land and water uses.

(2)

Commercial water-dependent fisheries including, but not limited to, structures for crab shedding, fish off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations and fisheries activities may be permitted in the Critical Area buffer in intensely developed areas, limited development areas and resource conservation areas.

§ 267-63.16 Water-dependent structures.

[Added by Bill No. 22-011]

Applicability. The provisions of this section apply to individual private piers installed or maintained by riparian landowners, which are not part of a subdivision that provides community piers, boat lifts, wharves, docks and bulkheads, as well as the maintenance, repair or replacement of these existing structures and maintenance dredging.

Standards.

(1)

Where proposed construction will conflict with existing facilities, the Department of Planning and Zoning shall specify the limits of construction to conform as closely as possible to the requirements as set forth within this section so as to cause the least interference with existing and/or possible future construction. Notice of the proposed construction shall be given to the adjoining property owners affected.

(2)

Maintenance, repair or replacement of existing bulkheads, piers or maintenance dredging shall require all applicable permits from the Maryland Department of the Environment and the County prior to approval of any proposed work.

(3)

Interference with navigation caused by the proximity of a facility near state or federally maintained channels shall constitute grounds for denial of an application.

(4)

Applicants shall meet all of the applicable requirements as set forth in § 267-63.15I (Water-dependent facilities and activities, Slips and piers).

Construction over waterways.

(1)

Waterfront construction shall not extend over or into waterways beyond the limit of pier or bulkhead lines, as established by the Army Corps of Engineers.

(2)

Divisional lines shall be established in the following manner for the purpose of defining applicable boundaries for waterfront construction:

(a)

Where the shoreline is straight and property lines run parallel, each property line shall be extended in a continuing straight line over the water.

(b)

Where the shoreline is straight and property lines are not parallel, property lines shall be extended perpendicular to the shoreline over the water.

(c)

Where the shoreline is not straight, draw a straight line between the 2 corners of each lot to form a baseline. Property lines shall be extended perpendicular to the baseline over the water and:

[1]

If the intrinsic nature of a curved shoreline causes extended property lines over the water to diverge from one other, the area excluded by both lines shall be equally divided between the 2 adjoining lots; and

[2]

If the intrinsic nature of a curved shoreline causes extended property lines over the water to converge with one other, the area included by both lines shall be equally divided between the 2 adjoining lots.

(d)

No construction, including mooring piles, shall be permitted within 10 feet of the established divisional lines in effort to maintain a 20-foot open access area between the facilities of adjoining lots.

Nonwater-dependent structures on piers. The following standards shall apply to all nonwater-dependent structures:

(1)

Nonwater-dependent structures, including, but not limited to, boat houses and renewable energy systems such as solar panels and wind turbines, shall not be constructed on existing pilings or on a pier.

(2)

Construction of a nonwater-dependent structure shall be prohibited in or over state or private waters in the Critical Area, including wetlands.

(3)

Nonwater-dependent structures do not include:

(a)

A fuel pump or other fuel-dispensing equipment on a pier;

(b)

A sanitary sewage pump or other wastewater removal equipment on a pier; or

(c)

A water-dependent facility or activity covered under § 267-63.15 (Water-dependent facilities and activities) or COMAR 27.01.03.

§ 267-63.17 Shore erosion protection.

[Added by Bill No. 22-011]

Standards. All development activities conducted on lands immediately adjacent to tidal waters or where existing developments are experiencing shoreline erosion problems shall follow and meet the following criteria:

(1)

The maps developed and maintained by the Department of the Environment.

(2)

In accordance with Environment Article, § 16-201(c), Annotated Code of Maryland, and COMAR 26.24.04.01, improvements to protect a property against erosion shall consist of nonstructural shoreline stabilization measures that preserve the natural environment, such as marsh creation or a living shoreline.

(3)

Where no significant shore erosion control occurs and nonstructural measures are ineffective or impractical, stone revetments or riprap shall be used whenever possible to conserve fish and plant habitat.

(4)

Bulkheads and other structural measures shall only be permitted when the use of nonstructural measures and revetments are deemed infeasible by the Maryland Department of the Environment or where their use is needed as part of a water-dependent facility.

(5)

Performance of mitigation measures applicable to the type of shoreline stabilization measure to be undertaken, as specified in the shore erosion control buffer mitigation form supplied by the Commission.

(6)

In accordance with COMAR 26.24.04.01-3 and 27.01.09.01-3, delivery to the Commission of an approved buffer management plan for each approved shoreline stabilization measure.

Process. As part of the application process for a County permit, zoning certificate or authorization for a shoreline erosion protection measure or development activity, the following documents shall be required:

(1)

An approved state wetlands license or permit from the Maryland Department of the Environment that meets all requirements as set forth in COMAR 26.24.02 and COMAR 26.24.04.

(2)

A buffer management plan that meets all requirements of § 267-63.7 (The Critical Area buffer) and § 267-63.8 (Modified buffer areas) as applicable, and COMAR 27.01.09.

(3)

When structural measures must be used, an erosion control plan shall be submitted that includes a site sketch of the existing shoreline, a site sketch of the proposed control measures and a brief description of the proposed methods and materials. The information required by the Army Corps of Engineers and the Maryland Department of the Environment's Nontidal Wetlands Division for a 404 joint permit application sufficient for submission as an erosion control plan.

(a)

The approved plan must be kept on the project site and be available for inspection upon request of the County during the construction of the erosion control measures.

(b)

An approved plan is not valid without all other documentation as listed in this section.

Shoreline parks. The development and use of areas designated as natural parks shall recognize the limited ability of the natural systems to handle human impacts. The following standards shall apply to the development and use of such areas:

(1)

The ability of a specific site to accommodate human disturbance on a daily or seasonal basis shall be considered in the design of visitor use facilities for natural parks areas.

(2)

The Critical Area buffer shall be maintained in the development of any natural park site. Trees or other suitable vegetation shall be planted within areas of the Critical Area buffer that are not vegetated.

(3)

All areas identified as habitat protection areas in § 267-63.9 (Habitat protection areas) shall be protected on a natural park site.

(4)

Forest cover on the site shall be maintained to the maximum extent feasible and in accordance with § 267-63.18 (Forest and woodland protection).

(5)

All publicly owned lands leased for agricultural activities shall have current soil conservation and water quality plans.

§ 267-63.18 Forest and woodland protection.

[Added by Bill No. 22-011]

Purpose. Forests and woodlands are recognized for their water quality benefits and sustainable wildlife habitats while accommodating the utilization of forest resources. For these reasons, forest protection and conservation shall be achieved by avoiding or otherwise minimizing the removal of trees associated with development activities. Where such disturbances cannot be avoided, the standards as set forth in this section shall be met.

Process. The following shall be addressed as part of the application process for all proposed projects involving the removal and replacement of any existing forest cover and developed woodlands in the Critical Area:

(1)

A site-specific field investigation shall be conducted prior to forest harvesting or development to determine if sensitive species are present. Applications shall be forwarded to the Department of Natural Resources Wildlife and Heritage Service for environmental review.

(2)

A development plan or timber harvest plan shall be submitted with all information as described in Appendix C of the Harford County Chesapeake Bay Critical Area Program Manual. Appropriate protection measures for sensitive species and recommendations made by the Department of Natural Resources shall also be incorporated into the development plan or timber harvest plan.

(3)

When proposing development activities within riparian forests or forest interior dwelling species habitat, the applicant shall demonstrate that conservation methods will be utilized from A Guide to the Conservation of Forest Interior Dwelling Birds in the Chesapeake Bay Critical Area, as may be amended in Appendix J of the Harford County Chesapeake Bay Critical Area Program Manual.

(4)

The proposed project shall demonstrate that the following standards have been met, where feasible:

(a)

Avoid or otherwise minimize forest and woodlands disturbance from off-road vehicles, public use or logging from May through August of each year.

(b)

Focus all development on the periphery of the forest or woodlands, known as edge habitat.

(c)

Retain the forest canopy as well as the tree and shrub understory.

(d)

Retain snag and mature seed trees as dens for woodpeckers and as nests for bald eagles.

(e)

Avoid the creation of small clearings and expansion of forest edge habitats.

(f)

Re-establish or enhance native forests and woodlands.

(g)

Adopt harvest techniques to maintain or improve habitat.

(5)

A forest conservation plan shall be required for the removal and replacement of forest and developed woodlands and shall adhere to the following requirements:

(a)

The document shall be prepared as specified in Appendix C of the Harford County Chesapeake Bay Critical Area Program Manual.

(b)

For properties requiring subdivision approval, forest conservation plans shall be submitted along with the preliminary or site plan.

(c)

For all other projects, forest conservation plans shall be submitted and approved by the Department of Planning and Zoning prior to application for a grading permit.

(d)

A surety bond shall be deposited and a covenant recorded in the land records of Harford County to ensure that all required afforested and reforested areas are completed in accordance with the approved forest conservation plan. The surety amount shall be equal to 110% of the value of $4.00 per square foot of planting required and shall be held until the established forested area meets or exceeds standards specified in the forest conservation plan.

(e)

Grading permits shall not be issued until the covenant and surety have been accepted by the County. The covenant, which shall be established by the owner of the property, shall establish and protect the afforested or reforested areas from future development activities.

(f)

The following survivability standards shall apply:

[1]

If more than 25% of the plantings die within the first 2 growing seasons, the plantings shall be replaced with new stock.

[2]

If more than 25% of the plantings do not survive the first 3 growing seasons, the surety bond shall be held an additional 3 years or until the survivability requirements have been satisfied, as described in this section.

[3]

Two-thirds of the surety bond will be returned if all components of the project meet or exceed the standards, as determined by an inspection from the Department of Planning and Zoning, and at least 75% of the plantings survive the first 2 growing seasons.

[4]

The remaining surety bond will be released if all standards are met after the third growing season.

(6)

In addition to all other applicable requirements of this section, the following requirements shall also be met for all projects in the limited development area and resource conservation area involving the removal and replacement of any existing forest cover or developed woodlands:

(a)

A forest stand delineation shall be required for any development in the Critical Area where forest covers greater than 40,000 square feet, unless no forest will be disturbed, and shall be prepared according to the standards described in Chapter 4 of the Harford County Forest Cover Conversation and Replacement Manual.

(b)

Fifteen percent of an unforested development site shall be afforested. If the afforestation comprises 1 acre or more, a forest conservation plan, financial surety bond and covenant as specified in Paragraph (5) of this subsection shall be required. For afforestation areas less than 1 acre in size, plantings shall be installed according to the forest management guide found in Appendix C of the Harford County Chesapeake Bay Critical Area Program Manual.

Mitigation. The removal and replacement of any existing forest cover and developed woodlands shall meet the following standards in the Critical Area:

(1)

The replacement or establishment of forest or developed woodlands shall ensure a diversified plant community and should include native species of canopy trees, understory trees, shrubs and herbaceous plants.

(2)

Maryland native species shall be planted to the maximum extent possible on-site. If the applicant can demonstrate that the on-site location is not feasible for all required plantings, the applicant shall plant in another permissible location, as described in Appendix K of the Harford County Chesapeake Bay Critical Area Program Manual.

(3)

Canopy coverage mitigation shall occur at a 1:1 square foot ratio, rounded to the nearest 100 square feet, except as set forth in Paragraphs (4) through (6) of this subsection.

(4)

Mitigation for Critical Area buffer disturbance shall be fulfilled as set forth in § 267-63.7D (The Critical Area buffer, Mitigation and planting credit for the Critical Area buffer).

(5)

Routine vegetative maintenance and/or emergency repairs may occur in existing public utility rights-of-way provided that:

(a)

The disturbance that occurs shall be the minimum amount necessary;

(b)

Mechanical methods shall be used whenever feasible as opposed to chemical means; and

(c)

Notification and coordination with the Department of Planning and Zoning shall occur prior to commencement of activity.

(6)

The following mitigation standards shall also apply to any proposed projects in the limited development area and resource conservation area:

(a)

The total acreage in forest coverage within the County in the Critical Area shall be maintained or preferably increased.

(b)

All forests and developed woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis.

(c)

If an applicant is authorized to clear more than 20% of a forest or developed woodlands on a lot or parcel, the applicant shall replace the forest or developed woodlands at 1.5 times the entire areal extent of the forest or developed woodlands cleared, including the first 20% of the forest or developed woodlands cleared.

(d)

An applicant may not clear more than 30% of a forest or developed woodlands on a lot or parcel, unless the Board of Appeals grants a variance and the applicant replaces forest or developed woodlands at a rate of 3 times the entire areal extent of the forest or developed woodlands cleared. If an applicant is authorized to clear any percentage of forest or developed woodlands, the remaining percentage shall be maintained through recorded, restrictive covenants or similar instruments approved by the County.

Fee-in-lieu of planting mitigation.

(1)

If the applicant can demonstrate to the Director of Planning and Zoning that plantings are not feasible, a payment of $4.00 per square foot of mitigation will be accepted in lieu of the plantings to be replaced. Fee-in-lieu shall otherwise not be accepted by the County.

(2)

Funds shall be paid to the Harford County Department of Treasury at the time of issuance of a grading permit, prior to any clearing of forest or developed woodland cover on a development site.

(3)

Funds shall be maintained in a separate account from the general fund and administered by the Harford County Department of Planning and Zoning in the following manner:

(a)

Funds contributed under this section shall be used for mitigation planting and/or offsets, as described in Appendix K of the Harford County Chesapeake Bay Critical Area Program Manual, to enhance wildlife habitat, improve water quality or otherwise promote the goals of the County Chesapeake Bay Critical Area Program and green infrastructure plan.

(b)

The funds shall be used for site identification, acquisition, design, preparation, planting or installation and monitoring of vegetation or project success at the selected regional water quality and wildlife improvement areas.

(c)

The funds shall not be used to accomplish a project or measure that would have been required under existing local, state or federal laws, regulations, statutes or permits.

(d)

Fee-in-lieu monies shall be collected and held in a special fund, which may not revert back to Harford County's general fund.

(e)

A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected.

Enforcement.

(1)

Unauthorized clearing, cutting or removal of vegetation inside or outside of the Critical Area buffer or other habitat protection areas, as well as clearing, cutting or removal of vegetation in excess of the area permitted to be cleared shall be considered a violation of the County Chesapeake Bay Critical Area Program and shall result in enforcement action as set forth in § 267-63.2 (Administrative enforcement).

(2)

A violation that takes place in the Critical Area buffer or other habitat protection area shall receive mitigation at a ratio of 4:1, rounded to the nearest 100 square feet. In addition, all other requirements and standards shall be met, including the preparation of a buffer management plan and the posting of the surety and recordation of the covenant.

(3)

A violation that takes place in the Critical Area, outside of a habitat protection area, shall receive mitigation at a ratio of 3:1, rounded to the nearest 100 square feet. In addition, all other requirements and standards shall be met, including the preparation of forest conservation plans and the posting of the surety and recordation of the covenant.

§ 267-63.19 Timber harvesting.

[Added by Bill No. 22-011]

General policies. A goal of the County Chesapeake Bay Critical Area Program is to maintain or increase the lands in forest cover, because forests provide protection of the water quality and habitat values of the Chesapeake Bay and its tributaries.

Process.

(1)

Landowners proposing to harvest timber within any 1-year interval shall submit a forest management plan. The applicable plan shall be prepared by a registered professional forester in the State of Maryland, and separate copies of the plan shall be submitted to the Department of Planning and Zoning, the Department of Natural Resources and the Harford County Forestry Board for their review.

(2)

The Department of Planning and Zoning shall be notified by the Department of Natural Resources or the Forestry Board if any forest management plan is inadequate. If additional information for the plan is required, the applicant will be notified in writing.

(3)

Once the forest management plan has been approved by the Department of Planning and Zoning, a copy of the plan shall be sent to the Department of Natural Resources and the Forestry Board. The Department of Planning and Zoning shall notify the applicant in writing when the plan is approved. The plan shall be approved prior to the start of any work.

Timber harvest plans.

(1)

Forest management plans shall include measures to protect surface water and ground water quality, as well as any habitat protection areas as identified in § 267-63.7 (The Critical Area buffer) through § 267-63.9 (Habitat protection areas). To provide for the continuity of plant and wildlife habitat, a copy of timber harvest plans shall be addressed within the forest management plan, describing the proposed timber harvest. Plans shall be submitted according to the procedures contained in the Forest Management Guide in Appendix C of the Harford County Chesapeake Bay Critical Area Program Manual.

(2)

Harvesting operations shall be implemented in accordance with the specifications set forth in the state guidelines contained in the standard erosion and sediment control plan for forest harvest operations, as well as any other specification established by the Department of Natural Resources.

Erosion and sediment control plans. In the Critical Area, any landowner who plans to harvest timber on an area which will disturb 5,000 square feet or more, including harvesting on agricultural lands, shall submit an erosion and sediment control plan. This plan is also required for any harvests which will cross perennial or intermittent streams. This plan shall be developed according to the state guidelines contained in the standard erosion and sediment control plan for harvest operations. The operations shall be implemented in accordance with specifications set out by the Department of Natural Resources and the Department of Planning and Zoning. This plan shall be enforced by the Maryland Department of the Environment and the County.

(1)

If cuts and fills are 3 feet or more, if grades for roads are 15% or more or if landings are on slopes of 10% or more, then the landowner must get a custom erosion and sediment control plan for the operation. These are prepared by registered professional foresters and include controls necessary to prevent site erosion and to ensure site stabilization.

(2)

If a custom erosion and sediment control plan is not required, a standard erosion and sediment control plan is available through the Harford Soil Conservation District. The landowner shall provide the following information:

(a)

Location description.

(b)

Harvest operation description.

(c)

Sketch map of the property showing acres to be cleared.

(d)

Identification of the landowner, licensed timber harvest operator and other operators or subcontractors.

(3)

The erosion and sediment control plan shall be submitted to the Harford Soil Conservation District for approval and notice of approval shall be sent to the Harford County Department of Inspections, Licenses and Permits.

(4)

The applicant shall take responsibility for the implementation of the erosion and sediment control plan.

(5)

The landowner must sign the agreement to certify that he or she understands the terms of the plan and is responsible for preventing erosion and sedimentation during the forest harvesting.

Buffer protection standards for timber harvests. No timber harvesting shall be permitted in the Critical Area buffer or the expanded Critical Area buffer, nor shall harvesting be permitted within habitat protection areas and their associated buffers.

§ 267-63.20 Agriculture.

[Added by Bill No. 22-011]

Purpose. Agricultural lands are identified and recognized as a protected land use and are managed in an effort to minimize agricultural pollutant loadings into the Chesapeake Bay and its tributaries. The County works cooperatively with the Harford Soil Conservation District, Agricultural Land Preservation Advisory Boards, the Farm Bureau and other appropriate agencies to promote sound land and water stewardship on agricultural lands.

Standards. In addition to all other applicable regulations as set forth in the County Chesapeake Bay Critical Area Program, the applicant shall comply with all of the following standards in regard to agriculture in the Critical Area:

(1)

The creation of new agricultural lands or expansion of agricultural activities shall not be accomplished by:

(a)

Diking, draining, dredging or filling wetlands;

(b)

Clearing forests or woodlands on soils with a slope greater than 15%, or on highly erodible soils with a "K" Factor greater than .35 and a slope greater than 5%; or

(c)

Disturbing lands identified as habitat protection areas, including existing vegetation within the Critical Area buffer, as set forth in the County Chesapeake Bay Critical Area Program.

(2)

The drainage of nontidal wetlands for the purpose of existing agriculture shall be done in accordance with a soil conservation and water quality plan, approved by the Harford Soil Conservation District.

(3)

Existing farm ponds and other existing man-made bodies of water for the purpose of impounding water for agriculture, water supply, recreation or waterfowl habitat are not classified as wetlands.

(4)

Best management practices shall be used for the control of nutrients, animal wastes, pesticides and sediment runoff to protect the productivity of the land base and enhance water quality. These practices shall avoid or otherwise minimize the contamination of surface water and ground water, as well as the adverse effects on plants, fish and wildlife resources.

(5)

Animal feeding operations, including retention and storage ponds, feed lot waste storage and manure storage shall avoid or otherwise minimize the contamination of water bodies.

(6)

Agricultural activities permitted in the Critical Area shall use best management practices in accordance with a soil conservation and water quality plan and a nutrient management plan approved by the Harford Soil Conservation District. Mitigation is not required for permitted agricultural activities.

(7)

Sludge that is used for agricultural or horticultural purposes shall not be applied in the Critical Area buffer or other habitat protection areas as defined in § 267-63.9 (Habitat protection areas).

Process. The following shall be completed for all lands in agricultural use, or land to be converted to agricultural use, within the Critical Area:

(1)

The agricultural components of the state's water quality management plan shall be applicable to all agricultural activities in the Critical Area.

(2)

Each agricultural operation in the Critical Area shall develop and comply with a soil conservation and water quality plan and nutrient management plan, as approved by the Harford Soil Conservation District. This plan shall incorporate best management practices that demonstrate:

(a)

Protection of the productivity of the land base;

(b)

Preservation or enhancement of water quality;

(c)

Conservation of fish, wildlife and plant habitats;

(d)

Control of nutrients, animal wastes, pesticides and sediment runoff;

(e)

Protection and conservation of habitat protection areas as set forth in § 267-63.7 (The Critical Area buffer) through § 267-63.9 (Habitat protection areas);

(f)

The implementation of a grassland and manure program, where appropriate; and

(g)

Other agricultural best management practices that include, but are not limited to, strip cropping, terracing, contour stripping, cover crops, conservation tillage, riparian buffers, nutrient management, grass waterways, animal waste management, ponds, grass, naturally vegetated filter strips and stream protection practices such as fencing, stream crossings and remote watering devices.

(3)

A nutrient management plan shall be prepared by a certified nutrient management consultant or certified farm operator in accordance with COMAR 15.20.04, .07 and .08.

(4)

A forest management plan shall be submitted and all requirements as outlined in Appendix C of the Harford County Chesapeake Bay Critical Area Program Manual shall be adhered to for each agricultural operation that harvests timber.

(5)

Landowners who have signed up as conservation district operators, but who do not have a conservation plan prepared for them by the Harford Soil Conservation District, shall be allowed to continue to farm in the Critical Area until a conservation plan is developed provided that the other regulations of the County Chesapeake Bay Critical Area Program are being met.

(6)

A landowner shall select and implement, with the assistance of a technically trained soil conservation planner or technician, from among the several agricultural best management practices that minimize impacts to water quality, conserve fish, wildlife and plant habitat and integrate best with the farming operation.

(7)

Until such time as all applicable plans, as described in this section, are developed and implemented, farmers shall be encouraged to use the following practices:

(a)

Cover crops shall be planted to reduce erosion.

(b)

Nutrients shall be applied at the appropriate time and appropriate application methods shall be used.

(c)

Reduced tillage and/or no till practices shall be utilized where practical.

(d)

Crop rotations shall be implemented where effective.

Agricultural activities in the Critical Area buffer. Agricultural activities are permitted in the Critical Area buffer in accordance with COMAR 27.01.09.01-6 and as described in the County Chesapeake Bay Critical Area Program provided that the following provisions are met:

(1)

Prior to the development of a soil conservation and water quality plan as required in Subsection C(2) above, a 25-foot vegetated filter strip comprised of trees with a dense ground cover or a thick sod grass shall be installed and maintained adjacent to tidal waters, tidal wetlands or tributary streams so as to provide water quality benefits and habitat protection.

(a)

The width of this filter strip shall be increased by a distance of 4 feet for every 1% increase in slopes over 6%.

(b)

Strategies to control noxious weeds, invasive plants or animals may be approved by the Harford Soil Conservation District to be used within this filter strip and elsewhere on agricultural lands.

(2)

The feeding or watering of livestock shall not take place within 50 feet of the mean high-water line of tidal waters, tidal wetlands or tributary streams.

(3)

Agricultural activities, including the grazing of livestock, shall not disturb stream banks, tidal shorelines or other habitat protection areas as identified in § 267-63.7 (The Critical Area buffer) through § 267-63.9 (Habitat protection areas).

(4)

The clearing of existing vegetation within the Critical Area buffer shall be prohibited.

§ 267-63.21 Surface mining.

[Added by Bill No. 22-011]

Applicability. The provisions of this section shall apply to all existing and proposed expansion operations engaged in the extraction or removal of minerals, sand, gravel, rock, stone, earth or fill and activities related to surface mining. These activities include, but are not limited to, operations engaged in processing minerals at the site, removal and mining when done for the purpose of prospecting, washing, loading and transporting mined material. Notwithstanding any other provisions of law, the provisions of this section may not be construed to prohibit the location or use of a water-dependent facility, in accordance with COMAR 27.01.03, for the transport of a surface mining product or by-product.

General policies. All available measures shall be taken to protect the Critical Area from all sources of pollution from surface mining operations including, but not limited to, sedimentation, siltation, chemical and petrochemical use, spillage, storage and disposal of waste, dusts and spoils. Surface mining shall facilitate site reclamation, including renewable resource land, as soon as possible.

Standards. The establishment of new surface mining operations within the Critical Area shall be prohibited. The following standards shall be met in order to continue existing surface mining operations in the Critical Area:

(1)

In conjunction with, as applicable, the Departments of Agriculture, Environment and Natural Resources, and any other appropriate federal or state agency, develop a mineral resources plan and management program that is included in the Comprehensive Plan and consists of:

(a)

In accordance with Land Use Article, §§ 1-411 and 3-107, Annotated Code of Maryland, the identification and mapping of the undeveloped land in the Critical Area that is best kept in its undeveloped state until the land can be used to provide or assist in providing a continuous supply of minerals;

(b)

Each surface mining area that includes a habitat protection area under COMAR 27.01.09; and

(c)

In accordance with COMAR 27.01.02, at each location where surface mining is, or has been, conducted the identification of:

[1]

Post-reclamation land uses that, where applicable, prioritize the establishment or reestablishment of renewable resource products, such as agriculture and forestry, and other land uses that benefit water quality and habitat, such as wetlands, habitat restoration and open space; and

[2]

Any other appropriate post-reclamation land use, such as recreation and development.

(2)

Renewed surface mining operation permits shall be obtained from the Maryland Department of the Environment, who shall perform periodic site inspections of permitted areas to determine whether the conditions of the permit and the accompanying reclamation plan are being fulfilled.

(3)

The applicant shall obtain all applicable permits from the required federal, state and local regulatory agencies in effort to manage air pollution, water pollution and sediment control.

(4)

The operation shall not have an unduly adverse effect on wildlife, forests, fresh water or estuarine and marine fisheries.

(5)

Reclamation shall occur on each segment of a site as mining is completed.

(6)

All surface mining operations, including roads, accessory improvements, equipment and storage areas, shall be conducted in a manner that:

(a)

Does not adversely impact water quality, identified habitat protection areas or contiguous properties;

(b)

Retains the Critical Area buffer in natural vegetation between the operation and tidal waters, tidal wetlands and tributary streams; and

(c)

Permits the rapid reclamation of the site, including any wash pond, when the operation has terminated.

Expansion sites. The expansion of existing surface mining operations in the Critical Area shall be reviewed and may be permitted as a special exception pursuant to § 267-88 (Specific standards). Prior to accepting any application to the Board of Appeals for a special exception for the expansion of an existing surface mining operation, the Director of Planning and Zoning shall review the application and shall forward the application to the Board of Appeals only upon making findings that such expansion shall have met the following conditions:

(1)

A reclamation plan shall have been developed that specifies the proposed use to be made of the site following reclamation, the manner in which the soil and subsoil are to be conserved and restored, the specifications for surface gradient restoration suitable for the subsequent use, the proposed manner and type of re-vegetation or other surface treatment of affected areas and an acceptable schedule to the County for the implementation of these reclamation measures.

(2)

The operation shall not have an adverse impact on habitat protection areas, or other important natural resource areas such as those of scientific value or areas where assemblages of rare species occur and in accordance with the provisions of COMAR 27.01.09, Habitat protection areas.

(3)

The operation shall not be located on lands which are within 100 feet immediately landward of the mean high-water line of tidal waters or the top of a bank of tributary streams unless:

(a)

A license, permit or other approval to conduct a specific aspect of surface mining was issued before the date of the County's Chesapeake Bay Critical Area Program approval; and

(b)

If expansion of the scope or size of the surface mining activity has occurred since the date of the County's Chesapeake Bay Critical Area Program approval, the expansion complies with state law and the County Chesapeake Bay Critical Area Program requirements.

(4)

The operation shall not be located on land with highly erodible soils.

(5)

The operation shall not result in a degradation of water quality or a loss of vital habitat.

(6)

Reclamation of a wash pond shall be required in accordance with state law and program requirements.

§ 267-64 Chesapeake Science and Security Corridor.

Purpose and intent. The intent of this overlay district is to encourage revitalization and redevelopment in the U.S. Route 40 Corridor with the purpose of concentrating high-tech, science and security related employment and educational opportunities.

Application. The Chesapeake Science and Security Corridor is hereby defined as those parcels between the CSX Railroad and U.S. Route 40, and those parcels lying along the south side of U.S. Route 40 with direct frontage on U.S. Route 40, and those parcels zoned B2 or B3 without direct frontage on U.S. Route 40 within 2,000 feet of the right-of-way on the south side of U.S. Route 40. The Chesapeake Science and Security Corridor may be expanded along the south side by the inclusion of additional parcels being developed in combination with properties directly fronting on U.S. Route 40. All properties lying within the Chesapeake Science and Security Corridor shall be entitled to the privileges associated with this overlay district and shall be subject to the standards set forth herein.

Existing zoning. Unless otherwise specified in this section, the permitted uses and design standards for parcels within the Chesapeake Science and Security Corridor shall be those of the underlying zoning district. All other requirements of the Zoning Code shall remain in effect. In the case of conflict between this section and any other section of the Zoning Code, the requirements of this section shall take precedence.

Minimum yard requirements. The minimum yard requirements are as specified in the tables designating design requirements for specific uses. The Director of Planning may authorize a modification of the minimum yard requirements if the Director determines that, in the particular case, the specific nature of the use or the exceptional shape or size of the property, or other exceptional situations or conditions, warrants such a modification. Such a modification shall not reduce the required yard by more than 50% of the otherwise required yard. In no case shall the yard requirement be smaller than any required use setback or buffer yard for that particular use.

Maximum height. The maximum height of a structure on property zoned CI or B3 in the Chesapeake Science and Security Corridor shall be 6 stories. Heights for structures located in zoning districts other than B3 and CI in the Chesapeake Science and Security Corridor shall be as provided in the Harford County Code, as amended.

Revitalization, redevelopment or expansion of shopping centers constructed prior to 1982. Shopping centers and integrated community shopping centers (ICSC) constructed under the standards of Ordinance 6 may be structurally altered, revitalized or redeveloped, wholly or in part, through administrative approval of a site plan and acquisition of all necessary permits. No new approval by the Board of Appeals will be required under the following conditions:

(1)

The gross square footage of a building does not increase more than 20%.

(2)

The gross square footage of a building may be increased by up to 40% provided that the following improvements occur on the existing and the expanded portion of the site:

(a)

New signage, which is cohesive and unifying, be installed throughout the entire site, pursuant to § 267-33 (Signs); and

(b)

Landscaping shall meet the requirements of § 267-29 (Landscaping). Wherever possible, the parking islands shall be designated to also serve as a bioretention area for stormwater runoff.

(3)

The gross square footage of a building may be increased by up to 60% provided that all the conditions of Subsection F(2) are satisfied and that the access points to U.S. Route 40 are consolidated and reduced, or considered the most appropriate and safest conditions, as a result of the expansion, as determined by the Sate Highway Administration. Linkages for bicycle, pedestrian and transit access shall be provided.

(4)

The new construction shall meet the setback standards of § 267-79 [Integrated community shopping center (ICSC)] or shall extend no closer to the property lines and public roads than the existing structures, whichever is smaller.

(5)

Separate buildings located on pad sites shall be located no less than 15 feet from the public right-of-way or no less than 10 feet from parking areas. No parking or loading areas shall be located between the public right-of-way and the pad site structure.

(6)

The Director of Planning shall approve the development plans, including architectural design, landscaping, parking and circulation.

Modifications, revitalization, redevelopment or expansions of ICSCs constructed after 1982. An ICSC approved under the standards of § 267-79 [Integrated community shopping center (ICSC)] may be modified, revitalized, redeveloped or expanded through administrative approval of a site plan and acquisition of all necessary permits. No new approval by the Board of Appeals will be required under the following conditions:

(1)

The gross square footage of a building may be increased by up to 20% provided that:

(a)

All design standards of § 267-79 [Integrated community shopping center (ICSC)] must be met to the fullest extent possible; and

(b)

All conditions of the prior approval, except square footage, can be met.

(2)

The gross square footage of a building may be increased by up to 40% provided that all the conditions of Subsection G(1) are satisfied and that the following improvements occur on the existing and the expanded portion of the ICSC:

(a)

New signage which is cohesive and unifying be installed throughout the entire ICSC, consistent with § 267-33 (Signs); and

(b)

Landscaping shall meet the requirements of § 267-29 (Landscaping). Wherever possible, the parking islands shall be designated to also serve as a bioretention area for stormwater runoff.

(3)

The gross square footage of a building may be increased by up to 60% provided that all the conditions of Subsections G(1) and G(2) are satisfied and that the access points to U.S. Route 40 are consolidated and reduced, or considered most appropriate and safest conditions, as a result of the expansion, as determined by the State Highway Administration. Linkages for bicycle, pedestrian and transit access shall be provided, if appropriate.

(4)

Separate buildings located on pad sites shall be located no less than 15 feet from the public right-of-way or 10 feet from parking areas. No parking or loading areas shall be located between the public right-of-way and the pad site structure.

(5)

The Director of Planning shall approve the development plans, including architectural design, landscaping, parking and circulation.

Chesapeake Science and Security Corridor shopping center approvals. An ICSC shall be permitted in the B2, B3 and CI Districts in the Chesapeake Science and Security Corridor. For the properties within the Chesapeake Science and Security Corridor, the approval for location of an ICSC by the Board of Appeals shall be required only when the gross floor area exceeds 100,000 square feet. The development plans for shopping centers in the Chesapeake Science and Security Corridor shall be reviewed and approved by the Director of Planning with regard to site design and architectural compatibility.

[Amended by Bill No. 09-31]

Mixed use centers in the Chesapeake Science and Security Corridor. Mixed use centers shall be permitted, in conformance with Article VIII, in conformance with the standards established in § 267-76 (Mixed use center).

Redevelopment of existing business uses. Existing business uses located within the Chesapeake Science and Security Corridor may be structurally altered, revitalized or redeveloped, wholly or in part, provided new construction meets the minimum yard requirements or extends no closer to the property lines and public roads than the existing structures, whichever is smaller. The minimum yard requirements may be reduced as permitted by § 267-64 (Chesapeake Science and Security Corridor) of these regulations. All other provisions in the Code shall be applicable unless otherwise stated.

Residential uses in business districts. Residential uses may be integrated into business developments located in B3 and CI Districts provided that square footage of residential use does not comprise more than 75% of the total building square footage proposed for the site. Such residential uses may include residential apartments located above retail and service uses or single-family attached or multi-family units incorporated into the design of the business development. Approval of such a mixed use center by the Director of Planning shall be based on architectural and site design elements, landscaping and buffering.

Additional residential uses in the B3 District, notwithstanding Subsection K of this section, lot line dwellings, patio/court/atrium dwellings, townhouse dwellings, multiplex dwellings and row duplex dwellings shall be permitted within the B3 District subject to the following conditions:

(1)

Residential lots which abut 1 or more collector or arterial roads. The required front yard from the right-of-way shall be 25 feet from a collector road and 25 feet from an arterial road.

(2)

Density. The maximum density permitted shall be 20 units per gross acre.

(3)

Dwelling units per building block. A building block shall be a series of attached dwellings. The minimum number of dwelling units per building block shall be 2. The maximum number of dwelling units per building block shall be 12, excluding apartment units.

(4)

Building block length. The maximum length of a building block shall not exceed 180 feet, excluding apartment units.

(5)

Distance between building blocks. The minimum distance between building blocks shall be 20 feet.

(6)

Maximum building coverage. The maximum building coverage (percent of total lot) shall be 40% of the gross site area.

Emergency access. The design of the project shall provide that all multi-family and nonresidential structures be accessible to emergency vehicles by means of a paved surface or load-bearing way acceptable to the Director of the Department of Public Works. The Department of Planning and Zoning, in consultation with the Department of Public Works, shall establish standards and specifications for the paved surface or load-bearing way. The project shall be designed so that when the on-street and off-street parking areas are in use, the access of emergency vehicles is not impeded. A security vault, approved by the Fire Chief of the volunteer fire and ambulance company located closest to the site, shall be installed on each multi-family and nonresidential structure.

§ 267-65 Edgewood Neighborhood Overlay District.

Purpose and intent. The intent of this district is to implement the Edgewood Community Plan adopted by Harford County. This district is intended to provide incentives as well as establish standards to encourage quality redevelopment consistent with the community plan.

Existing zoning. Unless otherwise specified in this section, the permitted uses and design standards for parcels in the Edgewood Neighborhood Overlay District (ENOD) shall be those of the underlying zoning district. In the case of conflict between this section and any other section of the Zoning Code, the requirements of this section shall take precedence.

Applicability. This district includes all land situated between Maryland Route 152 and Otter Point Creek, north of the Aberdeen Proving Ground and south of the Chesapeake Science and Security Corridor as defined in § 267-64 (Chesapeake Science and Security Corridor).

Streetscape design standards. The following streetscape requirements must be reviewed and approved by the Department of Planning and Zoning, with concurrence from the Department of Public Works:

(1)

Sidewalks, at least 5 feet in width (except for main street districts), shall be provided and constructed of similar materials consistent with adjacent sites.

(2)

Street trees of a minimum 3-inch caliper shall be planted at 30-foot staggered intervals along sidewalks. Shrubs or planters may be used when street trees are not feasible. For protection of utilities refer to § 267-29 (Landscaping).

(3)

Pedestrian scaled streetlights shall be provided.

(4)

Restaurants shall be permitted to operate outdoor cafes on sidewalks, including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired.[1]

[1]

Editor’s Note: A temporary moratorium on the application of this subsection as it relates to the requirement that pedestrian circulation and access to store entrances shall not be impaired was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.

(5)

Extended awnings, canopies or large umbrellas shall be permitted and located to provide shade.

(6)

Outdoor cafes and sidewalk displays shall maintain a clean, litter free and well-kept appearance at all times and shall be compatible with the colors and character of the storefront from which the business operates.[2]

[2]

Editor’s Note: A temporary moratorium on the application of this subsection as it relates to the requirement that outdoor dining shall be compatible with the colors and character of the storefront from which the business operates was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.

(7)

The Director of Planning shall approve the development plans, including architectural design, landscaping, parking and circulation.

Parking standard modifications. Parking standards shall not be reduced by more than 30% of the required number of spaces. The off-street parking requirements for any given use shall be established per § 267-26 (Off-street parking and loading) of the Harford County Code, as amended. The Department of Planning and Zoning, with concurrence from the Department of Public Works, may authorize a modification of the parking space requirements as follows:

(1)

If parking lots are screened from the public right-of-way with landscaping and/or low walls, the required parking standards may be reduced up to 10%.

(2)

If parking is located in the rear, the parking standards may be reduced up to 10%.

(3)

If pedestrian linkages to transit stops are provided, the parking standards may be reduced up to 10%.

(4)

If on-street parking is provided, the parking standards may be reduced up to 5%.

(5)

If bicycle connections are provided, the parking standards may be reduced up to 10%.

Shared parking provisions. A portion of the required parking may be provided on an adjacent property provided that:

(1)

The underlying zoning of the adjacent property permits parking for the principal use of the site being developed.

(2)

There is adequate parking to meet the parking requirements for all uses served by the parking.

(3)

The shared parking area is located less than 500 feet from the entrance of the primary building located on the site being developed.

(4)

The shared parking area is subject to a shared parking written agreement made between current owners of the properties. The agreement shall be recorded in the land records of the County. This agreement shall be reviewed and approved by the County's Department of Law prior to recordation. All shared parking must also contain a provision for maintenance of the parking area.

(5)

The parking area must have safe vehicular and pedestrian access from the shared parking area to the subject property.

(6)

The required parking area shall be paved with a structured pervious surface.

(7)

Parking for residential uses shall be clearly designated.

Development standards.

(1)

Main street. The standards shall be applicable to all properties fronting the main street designated in the adopted community plan and shall take precedence over conflicting requirements.

(a)

Minimum standards.

[1]

Shared access drives along Edgewood Road are encouraged. Required side buffer yards are waived in areas of shared drives.

[2]

Landscaped parking lots are to be located in the front of the buildings. A 5-foot landscaped strip shall be located between the sidewalk and the parking area along the property frontage. Interconnection between parking areas on adjacent properties is encouraged.

[3]

Side yard setbacks are to be 1/2 of those specified for other areas in the same zoning category in the Code.

[4]

Buildings shall be oriented to face the street, with entrances and display windows at street level. A direct and convenient pedestrian connection shall be provided from sidewalk to building entrance.

[5]

Architecturally harmonious materials, colors, textures and treatments shall be used for all exterior walls. Contrasting colors that accent architectural details and entrances are encouraged. Preference shall be given to brick or frame buildings. Rear facades shall be of finished quality and shall be consistent in color with the rest of the building.

[6]

Sidewalks at least 10 feet in width shall be provided the entire length of the property fronting the main street. Connections to existing sidewalks adjacent to the property shall be provided when appropriate.

(b)

Live/work units are permitted provided that no more than 50% of the gross square footage of the structure is limited to residential use.

(c)

Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).

(d)

Buffer yards shall comply with the requirements sets forth in § 267-30 (Buffer yards).

(2)

Mixed use centers in the Edgewood Neighborhood Overlay District. Mixed use centers shall be permitted, pursuant to Article VIII, in conformance with standards established in § 267-76 (Mixed use center).

(3)

Planned employment centers in the Edgewood Neighborhood Overlay District. Planned employment centers shall be permitted, pursuant to Article VIII, in conformance with standards established in § 267-77 (Planned employment centers).

(4)

Traditional neighborhood developments in the Edgewood Neighborhood Overlay District. Traditional neighborhood developments shall be permitted, pursuant to Article VIII, in conformance with standards established in § 267-78 (Traditional neighborhood developments).

(5)

Housing for the elderly developments in the Edgewood Neighborhood Overlay District. Housing for the elderly developments shall be permitted, pursuant to Article VIII, in conformance with the standards established in § 267-82 (Housing for the elderly) except that the project must be directly accessible from 1 or more existing or planned arterial, collector, primary residential or minor residential roads.

[Added by Bill No. 21-023]

(6)

Conventional with open space (COS) developments in the Edgewood Neighborhood Overlay District. Conventional with open space (COS) developments shall be permitted, pursuant to Article VIII, in conformance with the standards established in § 267-70 [Conventional with open space (COS)] except that the project must be directly accessible from 1 or more existing or planned arterial, collector, primary residential or minor residential roads.

[Added by Bill No. 21-023]

§ 267-65.1 Magnolia Neighborhood Overlay District.

[Added by Bill No. 16-029]

Purpose and intent. The intent of the Magnolia Neighborhood Overlay District ("MNOD") is to encourage the development of residential communities which shall utilize traditional neighborhood design, while providing for flexibility in housing types, allowing limited retail uses and encouraging innovative designs that foster a sense of community.

Application. The MNOD includes all land situated south of the Chesapeake Science and Security Corridor (CSSC) as defined in § 267-64 (Chesapeake Science and Security Corridor), west of MD Route 152 (Mountain Road), east of Trimble and Haverhill Roads, and north of the Aberdeen Proving Grounds (APG). A map of the MNOD, which is incorporated by reference herein, is on file at the Department of Planning and Zoning.

Existing Zoning. The permitted uses shall be those set forth in Subsection F below. The allowable densities for residential development shall be based on conventional development standards for the underlying zoning district. Unless otherwise specified in this section, the design standards for residential uses in the MNOD shall be those of the conventional with open space (COS) design option in the R4 Zoning District. The design standards for all other uses shall comply with the design requirements for those uses in the B3 Zoning District. In the case of conflict between this section and any other section of the Zoning Code, the requirements of this section shall take precedence.

Objectives.

(1)

To encourage development and redevelopment in the Joppa/Joppatowne area.

(2)

To encourage land assemblage in order to maximize potential at opportunity sites.

(3)

To promote integrated and connected communities with a mix of housing types.

(4)

To promote affordability and life-cycle housing.

(5)

To encourage the integration of neighborhood scale retail and service uses.

(6)

To encourage high quality design architecture and site design that shall incorporate traditional neighborhood design concepts.

(7)

To promote walkability and physical activity through the incorporation of safe and accessible pedestrian and bicycle amenities.

General requirements.

(1)

All development within the MNOD shall be subject to the requirements of this section, except:

(a)

The permitted uses for developments less than 20 acres shall be only those of the underlying zoning district.

(b)

For residential developments less than 20 acres, the design standards of the next most dense residential zoning district shall apply.

(2)

The development must be served by public water and sewer.

(3)

The director of Planning and Zoning shall approve the proposed signage for all uses within the development. Electronic message boards are prohibited. A signage plan shall be submitted to the Department of Planning and Zoning for review and approval at the time of preliminary or site plan review. All signage shall be standardized and coordinated throughout the development.

(4)

Lighting on any non-residential use shall be designed and controlled so that any light shall be shaded, shielded or directed so that the light intensity or brightness does not adversely affect the operation of vehicles or reflect into adjacent residential uses. A lighting plan shall be submitted to the Department of Planning and Zoning for review and approval at the time of preliminary or site plan review. Lighting fixtures shall be coordinated throughout the development. Dark-sky friendly lighting practices shall be utilized in the design of the lighting plan.

Permitted uses. Pursuant to Subsection C above, the permitted uses within the MNOD shall be the following:

(1)

Permitted residential uses include single-family detached dwellings, attached dwellings and multi-family dwellings.

(2)

The following open space uses shall be permitted in conjunction with the residential development: community parks; recreational facilities and playgrounds; bicycle paths; greens, mews and squares; and linkages to regional recreation and open space systems.

(3)

The following institutional uses shall be permitted within developments in the MNOD provided that such uses do not exceed 25% of the gross land area up to a maximum of 10 acres:

(a)

Daycare centers.

(b)

Community centers.

(c)

Fire station with assembly hall.

(4)

If the Director of Planning and Zoning approves the lot standards, building types, yard and building setbacks, parking, street requirements and any other design requirements necessary for development of the project, the approved standards and requirements shall be enforceable as any other standard or requirement of this Part 1.

(5)

Commercial uses. Commercial uses proposed in a residential district shall be part of an overall redevelopment or development plan and shall not exceed 100 square feet of gross floor area for every dwelling unit. The following commercial uses shall be permitted in a MNOD development:

(a)

Agricultural retail.

(b)

Restaurants; excluding drive through restaurants.

(c)

Personal services; excluding tattoo parlors, massage parlors, and establishments typically engaged in the sale and/or use of tobacco products.

(d)

Professional services.

(e)

Convenience goods stores, excluding stores with motor vehicle filling stations. The sale of tobacco or similar products and alcoholic beverages shall be prohibited in a convenience goods store located within the MNOD.

(f)

Health clubs and gymnasiums.

Site design.

(1)

The project shall be designed such that distinctive residential neighborhoods are defined; large tracts of homogeneous housing types are discouraged.

(2)

The project shall utilize traditional neighborhood design concepts to provide a variety of housing types and open space uses to achieve a balanced and integrated community.

(3)

With respect to any development within the MNOD, no more than 15% of the acreage shall be developed as multi-family units, and no more than 35% of the acreage shall be developed as attached dwelling units.

(4)

The project shall be designed with adequate buffers to minimize the visual impact between residential and all other uses. A landscaping plan shall be submitted to the Department of Planning and Zoning for review and approval at the time of preliminary plan review. A minimum buffer yard of 15-feet shall be provided between residential uses and all other uses in the development. The Director of Planning and Zoning may modify the buffer requirement if innovative design concepts are utilized, or a complimentary mix of uses negates the need for a buffer. All other requirements set forth in § 267-29 (Landscaping) of the Harford County Code as amended shall apply.

(5)

The project should be designed so that active recreational areas are suitably located and accessible to the residential dwellings and adequately buffered to ensure privacy for adjoining residential uses.

(6)

The project shall be designed so that vehicular and pedestrian connections are provided to surrounding developments.

(7)

A paved shared use path at least 8-feet in width and separated from the roadway shall be provided and connect to all phases of the development. The location of the shared used path shall be approved by the Director of Planning and Zoning and the Director of Public Works.

(8)

Streetscape design standards shall be submitted for review and approval at the time of preliminary or site plan review. The approved design standards shall be followed throughout each phase of the development.

(9)

To protect the public safety, the design of the project shall provide that all units be accessible to emergency vehicles by means of a paved surface or loadbearing way acceptable to the Director of the Department of Public Works. The Department of Planning and Zoning, in consultation with the Department of Public Works, shall establish standards and specifications for the paved surface or load-bearing way.

(10)

A security vault, approved by the Fire Chief of the volunteer fire and ambulance company, located closest to the site, shall be installed on each multifamily and nonresidential structure.

(11)

Projects within the MNOD shall be designed to facilitate and encourage future transit ridership.

Vehicular and pedestrian circulation and access.

(1)

Road connections between all developments within the MNOD are required unless it is demonstrated to the Director of Planning and Zoning and the Director of Public Works that a connection is not feasible. In addition, any development within the MNOD shall provide connections to any adjacent property or properties within the MNOD by road, sidewalk, walking trails and/or bicycle access. A circulation plan shall be submitted to the Department of Planning and Zoning for review and approval at the time of preliminary or site plan review.

(2)

The project shall be designed such that on-street and off-street parking areas do not impede the access of emergency vehicles.

Parking. The off-street parking requirements for any use shall be those set forth in § 267-26 (Off-street parking and loading) of the Harford County Code, as amended. The Department of Planning and Zoning, with concurrence from the Department of Public Works, may authorize a modification of the parking space requirements for nonresidential uses.

(1)

Parking standards for nonresidential uses may be reduced up to a total of 20% of the required number of spaces under the following scenarios:

(a)

If parking areas are screened from the public right-of-way with landscaping and/or low walls, the required parking standards may be reduced up to 10%.

(b)

If on-street parking is provided, the parking standards may be reduced up to 5%.

(c)

If bicycle connections or amenities are provided, the parking standards may be reduced up to 10%.

(2)

Guest parking for attached and multi-family dwelling units shall be provided at a ratio of 1 guest parking space per 4 dwelling units. Guest parking may be provided within parking lots for commercial and institutional uses, provided that:

(a)

The guest parking is located within 1,500 feet of the residential units it is intended to serve.

(b)

The guest parking area is subject to a shared parking agreement made between current owners of the properties. The agreement shall be recorded in the land records of the County. The agreement shall be reviewed and approved by the County's Department of Law prior to recordation. All shared parking agreements must also contain a provision for maintenance of the parking area.

Design standards.

(1)

Parking areas are to be located to the rear or side of all nonresidential uses. Interconnection between parking areas on adjacent properties is required.

(2)

All nonresidential buildings shall be oriented to face the street, with entrances and display windows at street level. A direct and convenient pedestrian connection shall be provided from sidewalks to building entrances.

(3)

Commercial or mixed-use buildings shall have similar architectural features as the residenital uses in the development and shall not exceed twice the height and massing of adjacent buildings.

(4)

Architecturally harmonious building materials, colors, textures and treatments shall be used for all exterior walls of all buildings in the MNOD, and shall be harmonious with the building materials, colors, textures and treatments throughout the MNOD. Brick or stone shall be used on the front elevations of all buildings. The use of split face block, standard EIFs or similar cladding material shall be prohibited. Rear and side elevations shall be of finished quality and shall be consistent in color with the rest of the building. Architectural renderings or elevations shall be submitted to the Department of Planning and Zoning for review and approval at the time of preliminary or site plan review.

(5)

A consistent building line should be maintained at the setback line along the street. However, projections of porches, bay windows, stoops, and other architectural features into the required setback may be permitted in order to create character.

(6)

In areas of mixed residential types, the height and massing of a building shall be no more than twice the height and massing of structures adjacent to or across the street from the building.

(7)

Front load garages shall be prohibited along any existing or proposed collector roads. For dwellings located along internal roads, a garage may be oriented towards the road provided that it is located a minimum of twenty (20) feet behind the front facade of the principal structure. Freestanding garages and carport structures for multiple dwelling unit buildings must be designed to be integral with the building design or sited so as to avoid long and monotonous rows of garage doors or building walls.

(8)

The project should be designed so that off-street parking and garages are visually unobtrusive.

Open space.

(1)

Developments within the MNOD shall provide open space as follows:

Minimum Open Space
District	Percent of Parcel Area
R1	10
R2	10
R3 (for single family attached or detached)	15
R3 (for all other dwelling types)	20
R4	20

(2)

Recreational facilities shall be provided in each phase of development to meet the needs of the residents.

(3)

Open space areas shall be designed to accommodate a variety of activities and provide for the needs of different groups of individuals.

(4)

All open space shall be provided pursuant to § 267-31 (Open space) of the Harford County Code as amended.

§ 267-66 Water Source Protection Districts.

Purpose and intent. Harford County recognizes that the provision of a safe drinking water supply is essential to maintaining the public health, safety and the quality of life within the community. These standards protect high-quality, low-cost water for domestic, municipal, commercial and industrial needs for the users of Harford County and protect local resources. Water source protection areas in Harford County include the Perryman Wellfield, community water systems and nontransient water systems as mapped by the Maryland Department of the Environment. The areas surrounding these water supplies contribute not only water to the supply source but also the potential for contaminants that result from land use activities. These areas are referred to as "contributing areas." Activities occurring within the contributing areas may impact the water sources at varying time frames, therefore necessitating different requirements for each contributing area. The goals of these standards are:

(1)

Protect the quality and quantity of the groundwater and surface water that provide drinking water to the general public.

(2)

Manage land use and development activities within the contributing areas in a manner that sustains the quality and quantity of the water source for the long term.

(3)

Foster environmentally sensitive development within the contributing areas by setting forth standards that prevent negative impacts and by establishing mitigation measures that minimize the likelihood that the water sources will be impacted.

(4)

Utilize other water resource protection regulations throughout this Part 1, such as § 267-29 (Landscaping), § 267-30 (Buffer yards), § 267-62 (Natural Resource District), § 267-53D(4)(c) (AG District), § 267-59C(7)(e) (B1, B2 and B3 Business Districts), § 267-89D (Sanitary landfills) and § 267-90D (Rubble landfills).

(5)

Promote and encourage implementation of watershed restoration action strategies (WRAS) of Harford County.

Applicability. In order to carry out the provisions of this subsection, districts have been established. The Department of Planning and Zoning shall maintain a map, a copy of which is incorporated herein by reference,[1] delineating the location of these sources as most currently designated by Maryland Department of the Environment. Said map shall be known as the Harford County Water Source Protection District Map. In conjunction with existing zoning regulations and districts, the requirements of this section shall apply to all development and redevelopment within the contributing areas for the following districts:

(1)

Perryman Wellfield District.

(2)

Community Water System Districts.

(3)

Nontransient Noncommunity Water System Districts.

[1]

Editor's Note: Said map is on file in the County offices.

General regulations.

(1)

Prohibited uses.

(a)

The following uses are considered to pose a high risk to groundwater and surface water and shall be prohibited within all Watersource Protection Districts:

[1]

New or expanded mining or quarry activities.

[2]

New or expanded sanitary landfills and rubble landfills.

[3]

New or expanded hazardous waste collection, transfer or disposal facilities.

[4]

Class V injection wells.

[5]

New underground storage tanks (UST). This restriction applies to any tank or combination of tanks of any size, including underground pipes connected to the tank, where 10% or more of the combined volume of the pipes and tank(s) is underneath the surface. This includes tanks regulated by the Maryland Department of the Environment (MDE) through Code of Maryland Regulations (COMAR) 26.10.02 and unregulated tanks (e.g., farm or residential less than 1,100 gallons). It does not include the following:

[a]

A storage tank located in an underground area such as a basement, if the storage tank is located on or above an impervious surface such as a concrete floor;

[b]

Wastewater collection systems;

[c]

Stormwater management facilities; or

[d]

Propane tanks.

[6]

Surface impoundments, ponds or lagoons. Except for stormwater detention and retention ponds and ponds used for recreational or landscaping purposes.

[7]

Manufacturing and production of paving, roofing and other construction materials using petroleum-based coating and preserving materials.

[8]

Dumping of snow from outside the Water Source Protection District.

[9]

Bulk storage of hazardous materials except as follows:

[a]

Materials needed for normal household use;

[b]

Waste oil retention facilities required by statute, rule or regulation;

[c]

Materials needed for emergency generators; or

[d]

Materials used in water treatment plants.

[10]

Motor vehicle repair shops and motor vehicle filling and service stations, except when located within a designated rural village area as shown on the most recent version of the land use plan, provided all COMAR regulations are met.

[11]

Junkyards.

[12]

Dry cleaning establishments.

[13]

Metal plating establishments.

[14]

Miscellaneous chemical storage or manufacturing.

[15]

Petroleum refining.

[16]

Lubricating oils and greases.

[17]

Offal or dead animal disposal or processing services.

(2)

Exemptions. The following activities are exempt from regulation under this subsection:

(a)

Transportation of hazardous materials. The transportation of hazardous materials shall be exempt from the provisions of this subsection.

(b)

Application of herbicides and pesticides. The application of herbicides and pesticides associated with recreation, agriculture, pest control, roadside maintenance and aquatic weed control shall be exempt from the provisions of this subsection provided that:

[1]

The application is completed in strict conformity with the use requirements as set forth in the EPA substance registries. Herbicides and pesticides can only be used according to its labeling and according to pertinent federal and state laws.

[2]

The application of herbicides and pesticides shall be noted in the records of an applicator certified by the Maryland Department of Agriculture. Records shall be kept of the date and the amount of these substances applied at each location and said records shall be available for inspection.

Perryman Wellfield Protection District.

(1)

Application. The Perryman Wellfield Protection District is designated on the Harford Water Source Protection District Map.

(2)

Impervious surface limitations.

(a)

New impervious surfaces shall be prohibited within 100 feet of all County-owned wells within the district.

(b)

For all new nonresidential development and redevelopment within the Perryman Wellfield Protection District, the amount of impervious surface shall be limited to 50%. Existing lots of record with impervious surface coverage of 50% or greater shall minimize the amount of impervious surface associated with the redevelopment of the site. In no case shall the amount of impervious surface exceed 75% or the amount currently on the site, whichever is less.

(c)

For residentially zoned parcels, the amount of impervious surface shall be limited to the following:

[1]

On undeveloped lots, new impervious surfaces shall not exceed 50% of the parcel or lot. However, if the lot of record is 1/2 acre or less in size, the amount of impervious surface may exceed the 50% limit by 25% or 500 square feet, whichever is greater.

[2]

The redevelopment or expansion of existing residential uses on lots of record shall be permitted provided they do not exceed the 50% limit on impervious surfaces, except as provided in Paragraph [3] below.

[3]

Existing lots of record having impervious surface coverage of 50% or more may increase the amount of impervious surface on site by 500 square feet.

[4]

For new residential subdivisions, impervious surfaces may not exceed 50% of the overall development.

(d)

Hydraulic connectivity shall be maintained between impervious surfaces.

(3)

Stormwater management.

(a)

For all new development and redevelopment, stormwater management shall be designed to minimize the impact of pollutants to the wellfield.

(b)

Natural Resource District areas and significant/special natural features shall be preserved.

(c)

Stormwater management systems shall mimic, as closely as possible, the runoff process of the site in its natural state. This shall include, at a minimum, natural storage, infiltration and pollutant filtering functions.

[1]

Grass swales, vegetated filter strips, bioretention, constructed stormwater wetlands, sand filters and closed sand filters shall be used where possible.

[2]

Runoff from service stations, towing and vehicle storage areas and maintenance areas with gasoline pumps shall not be infiltrated.

(d)

All new development and redevelopment on nonresidentially zoned lands shall:

[1]

Meet the requirements for stormwater management as specified in Chapter 214 of the Harford County Code, as amended;

[2]

Meet the requirements for stormwater management as detailed in stormwater management activities: developing pollution prevention plans and best management practice (U.S. EPA 1992);

[3]

Meet the requirements of COMAR 26.08.01 industrial surface water discharge permits;

[4]

Provide stormwater management systems that capture and pretreat the stormwater runoff from all impervious areas; and

[5]

Design and install stormwater best management practice (BMPs) as an integrated system. BMPs shall be used sequentially in the Wellfield Protection Districts to provide an effective treatment hierarchy. In applying a treatment hierarchy, priority shall be given to implementing the following approaches:

[a]

Impervious surfaces shall be minimized where appropriate. Certain sites shall require impervious surfaces to act as containment areas for toxic and hazardous materials;

[b]

Runoff shall be pretreated before entering a stormwater facility or before it is channeled to an infiltration facility;

[c]

Flows shall be attenuated in vegetated swales and bioretention storage areas;

[d]

Runoff shall be infiltrated on site, depending on the soil characteristics of the site and the quality of the runoff; and

[e]

Excess stormwater shall be managed by detention and/or retention devices.

(e)

All new development and redevelopment on residentially zoned lands shall:

[1]

Meet the requirements for stormwater management as specified in Chapter 214 of the Harford County Code, as amended; and

[2]

Design and install stormwater best management practices as an integrated system. BMPs shall be used sequentially to provide an effective treatment hierarchy. In applying a treatment hierarchy, priority shall be given to implementing the following approaches:

[a]

Impervious surfaces shall be minimized where appropriate;

[b]

Runoff shall be infiltrated on site, depending on the soil characteristics of the site and the quality of the runoff;

[c]

Flows shall be attenuated in vegetated swales and bioretention storage areas; and

[d]

Excess stormwater shall be managed by detention and/or retention devices.

(4)

Aboveground storage tanks.

(a)

Aboveground storage tanks associated with nonresidential uses are allowed, provided they meet the requirements of COMAR 26.10.02.12.

(b)

New aboveground storage tanks for residential heating fuel shall be allowed in all zones, provided that the tank is:

[1]

Located on an impervious pad or container of sufficient volume to capture and contain spills and leakage;

[2]

Sheltered to prevent the intrusion of precipitation; and

[3]

Located so as to allow for routine visual inspections for leaks.

(c)

All aboveground storage tanks shall be located at least 100 feet from all County wells.

(5)

Landscaping standards. Landscaping shall be provided consistent with the standards set forth in § 267-29 (Landscaping).

Community Water System Protection District.

(1)

Applicability. The Community Water System Protection District applies to those recharge areas designated as community water systems on the Harford County Water Source Protection District Map.

(2)

Impervious surface limitations.

(a)

New impervious surfaces shall be prohibited within 100 feet of all community wells.

(b)

The amount of impervious surface for all new nonresidential development shall be limited to 50% of the parcel or lot. Existing lots of record with impervious surface coverage of 50% or greater shall minimize the amount of impervious surface associated with the redevelopment of the site. In no case shall the amount of impervious surface exceed 75% or the amount currently on the site, whichever is less.

(c)

For residentially zoned parcels, the amount of impervious surface shall be limited to the following:

[1]

[2]

[3]

Existing lots of record having impervious surface coverage of 50% or more may increase the amount of impervious surface on site by 500 square feet.

[4]

For new residential subdivisions, impervious surfaces may not exceed 50% of the overall development.

(d)

Hydraulic connectivity shall be maintained between impervious surfaces.

(3)

Stormwater management.

(a)

For all new development and redevelopment, stormwater management shall be designed to minimize the impact of pollutants to the wellfield.

(b)

Natural Resource District areas and significant/special natural habitats shall be preserved.

(c)

[1]

Grass swales, vegetated filter strips, bioretention, constructed stormwater wetlands, sand filters and closed sand filters shall be used where possible.

[2]

Runoff from service stations, towing and vehicle storage areas and maintenance areas with gasoline pumps shall not be infiltrated.

(d)

All new development and redevelopment shall meet the requirements for stormwater management as specified in Chapter 214 of the Harford County Code, as amended.

(4)

Landscaping standards. Landscaping shall be provided consistent with the standards set forth in § 267-29 (Landscaping).

(5)

Aboveground storage tanks.

(a)

All new aboveground storage tanks shall be located at least 100 feet from all community wells.

(b)

New aboveground storage tanks shall be:

[1]

Located on an impervious pad or container of sufficient volume to capture and contain spills and leakage;

[2]

Sheltered to prevent the intrusion of precipitation; and

[3]

Located so as to allow for routine visual inspections for leaks.

Nontransient Noncommunity Water System Protection Area.

(1)

Applicability. The Nontransient Noncommunity Water System Protection District applies to those recharge areas designated as nontransient noncommunity water systems on the Harford County Source Protection District Map.

(2)

Impervious surface requirements.

(a)

New nontransient noncommunity wells. New impervious surfaces are prohibited within 100 feet of new wells designated as nontransient noncommunity wells by Maryland Department of the Environment as of the date of this Part 1. The impervious surface requirement must be achieved using the following criteria:

[1]

The well, and the 100-foot impervious surface requirement for the well, must fall within the limits of the property being served by the well; or

[2]

The property owner of the property being served by the well must obtain an easement from any property that is affected by the 100-foot impervious surface standard; or

[3]

An additional pervious area buffer must be maintained, on the property being served by the well, equal in surface area to the size of the buffer extending off of the property.

(b)

Existing nontransient noncommunity wells. Existing impervious surfaces located within 100 feet of a nontransient noncommunity well, as designated by Maryland Department of the Environment prior to the date of this Part 1, shall be permitted to remain provided there is no increase in impervious surfaces within 100 feet of the well.

(3)

Stormwater management requirements, as specified in Chapter 214 of the Harford County Code, as amended, shall be met. The use of stormwater credits for innovative site planning, in the 2000 Maryland Stormwater Management Design Manual, Volumes I and II, shall be used to the greatest extent practicable.

(4)

New aboveground storage tanks shall be:

(a)

Located on an impervious pad or container of sufficient volume to capture and contain spills and leakage;

(b)

Sheltered to prevent the intrusion of precipitation; and

(c)

Located so as to allow for routine visual inspections for leaks.

Variances. The Board may grant a variance from the provisions of this section upon a finding by the Board that the proposed development will not have a significant adverse effect on the Water Source Protection District. Prior to rendering approval, the Board shall request advisory comments from the Director of Planning, the Harford County Health Department, the Department of Public Works and the Maryland Department of the Environment.

Notification. The procedure for notification of proposed new noncommunity nontransient well construction must be followed as described in § 268-20 (Community input meetings) of the Subdivision Regulations for Harford County.