[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.
[Amended 5-2-2022 by Ord. No. 2022-10]
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.
[1]
Editor's Note: Former § 47-4, Board of Appeals;
composition; terms; powers, was repealed 5-2-2022 by Ord. No. 2022-10.
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.
