A.
The Town of Myersville has duly adopted within the Comprehensive
Plan, after public notice and hearing, a Sensitive Areas Plan element in accordance
with § 3.05 of Article 66B of the Annotated Code of Maryland; and
B.
Section 3.05 of Article 66B requires protection of streams
and their buffers, one-hundred-year floodplains, habitats of threatened and
endangered species (habitat), and steep slopes; and
C.
Section 3.05 (a)(2) of Article 66B authorizes protection
of additional types of sensitive areas; and
D.
The Town of Myersville has determined through the sensitive
areas element of the Comprehensive Plan that, in addition to streams and their
buffers, one-hundred-year floodplains, habitats of threatened and endangered
species, and steep slopes, wellhead protection areas are in need of special
protection; and
E.
Section 4.01 of Article 66B empowers the Town of Myersville
with the authority to regulate and restrict land use for the purpose of promoting
the health, safety and general welfare of the community; and
F.
Section 1428 of the Federal Safe Drinking Water Act Amendments
of 1986 requires that each state develop a wellhead protection program to
protect public water supplies from contamination; and
G.
The Maryland Department of the Environment (MDE) has
developed a wellhead protection program, approved by EPA, which identifies
that local governments have responsibility for developing programs, including
regulations and management controls, to protect public water supplies from
contamination.
Should any section, paragraph, sentence, clause, or phrase of this chapter
be declared unconstitutional or invalid for any reason, the remainder of this
chapter shall not be affected and will remain in full force.
This chapter or any part thereof may be amended from time to time in
accordance with the procedures as established by law.
