A.
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).
B.
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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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)
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 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.
(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.
(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.
A.
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.
B.
General regulations.
(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.
C.
Specific regulations. The following uses are permitted,
subject to the additional requirements below:
A.
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.
B.
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.
C.
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:
(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:
[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.
(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.
A.
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.
B.
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.
(5)
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 onto residential lots or buildings.
C.
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.
A.
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.
B.
General regulations.
(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.
(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 onto residential lots or buildings. Lighting shall
be consistent with the village character.
(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.
C.
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.
A.
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.
B.
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.
(5)
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 onto residential lots or buildings. Lighting shall
be consistent with the village character.
(6)
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.
(7)
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.
(8)
The Rural Village Study shall be used as a guide for
achieving architectural compatibility as determined by the Director
of Planning.
C.
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]
[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]
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.
(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]
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.
(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.
A.
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.
B.
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.
(5)
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 onto residential lots or buildings.
C.
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.
(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]
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.
(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]
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.
(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.
(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.
A.
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]
B.
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.
(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.
C.
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 and towing
businesses with storage facilities, in the CI, and motor vehicle repair
shops in the CI and GI District, 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 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%
|
[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.
(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]
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.
(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]
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.
(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]
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.
(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.
(e)
The operation of the cars shall not occur between
the hours of 11:00 p.m. and 8:00 a.m.
(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:
(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:
[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:
[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.
A.
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.
B.
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.
C.
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.
(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.
D.
Specific requirements. The following uses are permitted,
subject to the additional requirements below:
(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.
[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]
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)
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.
E.
Residential uses. Residential uses shall not exceed 45% of the overall
project floor area.
A.
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.
B.
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).
C.
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.
D.
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.
E.
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.
F.
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. In no event, however, shall townhouses
be permitted in the R1 District.
[Amended by Bill Nos. 09-31; 13-36; 23-006]
G.
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]
H.
The requirements of this section shall not apply to
developments with approved preliminary plans prior to September 1,
1982.
[Amended by Bill Nos. 09-3111-05; 22-011]
A.
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.
B.
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.
[Added by Bill No. 22-011]
A.
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.
B.
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.
(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.
C.
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.
D.
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.
E.
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.
[Added by Bill No. 22-011]
B.
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.
C.
Responsible persons. The following persons may each be held jointly
or individually responsible for any violations:
D.
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:
E.
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.
F.
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.
G.
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.
H.
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.
I.
Permits pursuant to a violation.
(1)
The Department of Planning and Zoning shall not issue any permit,
zoning certificate or approval unless:
(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.
[Added by Bill No. 22-011]
A.
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:
(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:
(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.
B.
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.
C.
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.
D.
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).
(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.
E.
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.
[Added by Bill No. 22-011]
A.
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.
B.
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.
C.
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.
D.
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.
[Added by Bill No. 22-011]
A.
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.
B.
General policies. New or expanded development or redevelopment shall
take place in such a way as to:
C.
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:
(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).
[Added by Bill No. 22-011]
A.
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.
B.
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:
(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.
C.
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.
D.
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.
[Added by Bill No. 22-011]
A.
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:
(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:
(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.
B.
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.
C.
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:
(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
| |
D.
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.
(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.
E.
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.
F.
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:
|
(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
|
G.
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.
(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
(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.
H.
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).
[Added by Bill No. 22-011]
A.
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.
B.
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.
C.
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.
D.
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:
E.
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.
[Added by Bill No. 22-011]
A.
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.
(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).
B.
Process.
(1)
The disturbance of a habitat protection area shall be prohibited unless permitted as set forth in Subsection C 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.
C.
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.
D.
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.
E.
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; 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 wildlife habitat in the Critical Area;
(b)
Protect those 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 wildlife habitat types which are required to support
the continued presence of various species; and
(d)
Protect those wildlife habitat types and plant communities which
are determined by the County to be of local significance.
(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.
F.
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.
[Added by Bill No. 22-011]
A.
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).
B.
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.
[Added by Bill No. 22-011]
A.
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.
B.
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.
C.
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.
D.
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.
(4)
The proposed consolidation or reconfiguration shall not create:
(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.
[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.
A.
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.
B.
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.
C.
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:
(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.
D.
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.
E.
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.
[Added by Bill No. 22-011]
A.
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.
B.
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:
(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:
(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.
C.
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:
[Added by Bill No. 22-011]
A.
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:
(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.
B.
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:
(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.
C.
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:
D.
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.
E.
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:
F.
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.
[Added by Bill No. 22-011]
A.
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.
B.
Identification.
(1)
(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.
C.
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.
D.
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
(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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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
|
J.
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.
K.
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.
L.
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.
[Added by Bill No. 22-011]
A.
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.
B.
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).
C.
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.
D.
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:
[Added by Bill No. 22-011]
A.
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.
B.
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.
(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.
C.
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.
[Added by Bill No. 22-011]
A.
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.
B.
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.
C.
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:
(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.
D.
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.
E.
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.
[Added by Bill No. 22-011]
A.
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.
B.
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.
C.
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.
D.
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:
(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.
E.
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.
[Added by Bill No. 22-011]
A.
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.
B.
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.
C.
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;
(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:
D.
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.
(4)
The clearing of existing vegetation within the Critical Area
buffer shall be prohibited.
[Added by Bill No. 22-011]
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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)
(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.
G.
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:
(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:
(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.
H.
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]
J.
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.
K.
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.
L.
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.
M.
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.
A.
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.
B.
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.
C.
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).
D.
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.
E.
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%.
F.
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.
G.
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.
(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]
[Added by Bill No. 16-029]
A.
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.
B.
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.
C.
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.
D.
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.
E.
General requirements.
(1)
All development within the MNOD shall be subject to the requirements
of this section, except:
(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.
F.
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.
(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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
A.
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.
B.
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.
C.
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:
[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.
[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.
D.
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.
(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:
(c)
All aboveground storage tanks shall be located
at least 100 feet from all County wells.
E.
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]
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 habitats 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.
(4)
Landscaping standards. Landscaping shall be provided consistent with the standards set forth in § 267-29 (Landscaping).
F.
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.
G.
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.
