Town of Mount Airy, MD
Carroll County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Town of Mount Airy 12-1-1980 by Ord. No. 115. Amendments noted where applicable.]
GENERAL REFERENCES
Water and Sewer Commission — See Ch. 38.
Numbering of buildings — See Ch. 49.
Fire prevention — See Ch. 60.
Plumbing — See Ch. 83.
Property maintenance — See Ch. 85.
Sewers — See Ch. 91.
Subdivision of land and site plan review — See Ch. 98.
Water — See Ch. 109.
Zoning — See Ch. 112.
[Amended 12-3-1984 by Ord. No. 138]
The BOCA Basic Building Code, together with the Mechanical Code, Family Dwelling Code, Energy Conservation Code, Carroll County Plumbing Code, National Electric Code and Life Safety Code as adopted and ordained by the County Commissioners of Carroll County from time to time, including all amendments thereto, shall automatically be and become the Town of Mount Airy Building Code without further action on the part of the Town of Mount Airy except to the extent that the Town of Mount Airy shall hereafter pass any ordinance inconsistent with the same.
[Added 12-1-1986 by Ord. No. 154]
Whenever the County Commissioners of Carroll County shall have adopted and ordained from time to time any of the codes referred to in § 47-1, the words "name of municipality" or "name of jurisdiction" shall be construed to refer to the Town of Mount Airy whenever such construction would be reasonable.
[Added 12-3-1984 by Ord. No. 138]
The Building Official of Carroll County, Maryland, shall be the Building Inspector for the Town of Mount Airy and for that purpose shall enforce the provisions of the Town of Mount Airy Building Code.
[Added 8-1-1988 by Ord. No. 1988-4]
A. 
No more than 24 building permits shall be issued in any residential development in any construction year at a rate of no more than four permits per calendar month, except that the Zoning Administrator, in his or her discretion, may allow up to six permits per month in cases of practical necessity, as in building sections of townhouses. Carryover shall be permitted for unused monthly permit limitations within a single residential development.
[Amended 7-11-2005 by Ord. No. 2005-12; 7-10-2006 by Ord. No. 2006-7]
B. 
The phrase "construction year" means a period of 12 calendar months measured from the date of the issuance of the first building permit and each succeeding twelve-month period thereafter.
C. 
Additional permits.
[Added 1-9-1989 by Ord. No. 1988-5]
(1) 
After review and report by the Planning Commission, the Council may, by resolution, provide for the issuance of more than 24 building permits for any one residential development in any construction year following a public hearing upon not less than 10 days' notice given in one or more newspapers of general circulation in the Town and upon making the following findings of fact:
[Amended 7-10-2006 by Ord. No. 2006-7]
(a) 
That the proposed development provides for land to be set aside and conveyed to the Town or, where appropriate, to a county or other governmental entity, for a needed public facility, such as a school, library, police station or fire station, in excess of the amount of land which would be required in any event for site plan approval or water sources with an estimated yield twice that required for the development, based upon 250 gallons per day per household, and that adequate access thereto is to be provided by streets to be constructed at the developer's sole cost, such streets to be built at an accelerated rate beyond the access needs for 24 units per year in the development in order to accommodate general community and public needs as determined by the Council to be in the best interest of the general welfare of the Town.
(b) 
That said development:
[1] 
Includes major connector streets shown on the Town's Comprehensive Development Plan and which will implement the Town's transportation plan; or
[2] 
Provides for the construction or extension of pumping stations for wastewater that shall serve areas in addition to the development and water or sewer trunk lines or water sources providing service to areas in addition to the development to be constructed at an accelerated rate as determined by the Council at the developer's sole cost.
(c) 
That the land and facilities to be provided will serve a definite public need, will provide services to areas beyond the development or supplement major facilities that would otherwise be required for site plan approval or will provide funds for development of water sources greater than needed for the particular development by twice the amount needed for the development, based upon 250 gallons per day per household.
(2) 
Any such resolution shall not take effect unless and until the developer enters into a suitable public works agreement approved by the Council and which, in addition to all other requirements, sets forth the obligations of the developer to provide for the matters contained herein and which public works agreement is further approved by the Town Attorney for form and legal sufficiency.
(3) 
In any such resolution and public works agreement, the Council may require a schedule, in its discretion, for facilities enumerated above to be constructed earlier than the needs of the development would require in order to meet immediate or reasonably foreseeable needs of the general public.[1]
[1]
Editor’s Note: Former § 47-2.2, Limitations on residential building permits, added 2-4-2002 by Ord. No. 2002-2; amended 8-5-2002 by Ord. No. 2002-14; 2-7-2005 by Ord. No. 2005-3, which section immediately followed this section, was repealed 7-10-2006 by Ord. No. 2006-7.
Any appeals permitted by the Town of Mount Airy Building Code as now or hereafter in force shall be taken to the Mount Airy Board of Appeals as created by this chapter.
There is hereby created a Mount Airy Board of Appeals. Said Board shall consist of three members and shall be appointed by the Mayor with the advice and consent of the Council. The terms of members shall be for three years and until their successors are selected; provided, nevertheless, that of the members first appointed, one shall be designated to serve for a term of one year, one for a term of two years and one for a term of three years. One or more of said members may, but need not be, members of the Council. The members of said Board shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties to the extent authorized by the Council. Said Board shall have the power and duties provided for in the Town of Mount Airy Building Code, and the procedure before said Board shall be as therein set forth, except that two members thereof shall constitute a quorum and the Board shall affirm, modify or reverse a decision of the Building Official by a concurring vote of two members, and the failure to secure two concurring votes shall be deemed a confirmation of the decision of the Building Official.
To the extent not inconsistent herewith, Ordinance No. 96 is continued in full force and effect.[1]
[1]
Editor's Note: Ordinance No. 96, adopted 6-3-1973, adopted by reference the provisions of the Carroll County Building Code, being the BOCA Building Code, as adopted by the County Commissioners of Carroll County, effective 4-1-1968, as modified and amended by Resolution No. 3-73 of the County Commissioners of Carroll County, effective 3-2-1973. Provisions of this ordinance are on file in the office of Town Clerk.
[Added 4-6-1987 by Ord. No. 1987-8; amended 6-5-1989 by Ord. No. 1989-9; 12-4-2006 by Ord. No. 2006-18]
A. 
The Carroll County building permit fees, as adopted by the County Commissioners of Carroll County, including all amendments thereto, shall be automatically the Town of Mount Airy building permit fees without the necessity of further action on the part of the Town of Mount Airy.
B. 
The Mayor of the Town of Mount Airy is hereby authorized to enter into agreement with the County Commissioners of Carroll County, a body corporate and politic, with respect to review and issuance of building permits for properties located in the Town of Mount Airy.
[Added 6-5-1989 by Ord. No. 1989-10; amended 7-1-1996 by Ord. No. 1996-8; 12-4-2006 by Ord. No. 2006-19]
A. 
The Carroll County plumbing/gas permit fees, as adopted by the County Commissioners of Carroll County, including all amendments thereto, shall be automatically the Town of Mount Airy building permit fees without the necessity of further action on the part of the Town of Mount Airy.
B. 
The Mayor of the Town of Mount Airy is hereby authorized to enter into agreement with the County Commissioners of Carroll County, a body corporate and politic, with respect to review and issuance of plumbing/gas permits for properties located in the Town of Mount Airy.
[Added 6-5-1989 by Ord. No. 1989-11; amended 6-4-2007 by Ord. No. 2007-17]
A capital improvement assessment shall be payable prior to the issuance of any building permit.
[Added 6-5-1989 by Ord. No. 1989-12; amended 6-4-2007 by Ord. No. 2007-18]
Fees for the inspection of final site plans, sidewalks, curbs, gutters and driveways and water and sewer main installation, the testing of water and sewer mains and the review of plans by the Town Engineer shall be paid prior to the issuance of any building permit.
[Added 7-10-1989 by Ord. No. 1989-15]
The Town of Mount Airy hereby adopts Ordinance No. 5, as adopted by the County Commissioners of Carroll County, entitled "Grading and Sediment Control," including all amendments thereto, said Ordinance No. 5 and all amendments thereto to be effective within the limits of the Town of Mount Airy and enforceable in accordance with the provisions thereof.[1]
[1]
Editor's Note: Former § 47-11, Grading certification, added 8-3-1998 by Ord. No. 1998-7, which immediately followed this section, was repealed 7-10-2000 by Ord. No. 2000-4.