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<section article="gsf" article_name="State Finance and Procurement" number="5-7B-03" title_number="5" title_name="State Planning" subtitle_number="7B" subtitle_name="Priority Funding Areas">
  <level label="a">
    <level label="1">
      <text>The governing body of a county or of a municipal corporation may designate priority funding areas as provided in this section.</text>
    </level>
    <level label="2">
      <text>The governing bodies of two or more adjoining counties, two or more municipal corporations, or any combination of adjoining counties and municipal corporations may designate, as provided in this section and in accordance with the regulations adopted by the Department of Planning, a priority funding area that combines two or more contiguous areas located in each of the local governments.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>An area zoned or, if applicable, classified by January 1, 1997 principally for industrial use may be designated as a priority funding area.</text>
    </level>
    <level label="2">
      <text>An area zoned or, if applicable, classified after January 1, 1997, as industrial may be designated as a priority funding area if the area is served by a public or community sewer system.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>An area where the principal uses of the area are for employment may be designated as a priority funding area if:</text>
      <level label="i">
        <text>the area is served by public or community sewer systems; or</text>
      </level>
      <level label="ii">
        <text>public or community sewer systems are planned in the approved 10-year water and sewer plan.</text>
      </level>
    </level>
    <level label="2">
      <text>An area zoned or, if applicable, classified after January 1, 1997 as industrial, or where the principal uses are for employment, in addition to meeting the criteria set forth in paragraph (1) of this subsection, shall be located within a locally designated growth area.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>A community in existence prior to January 1, 1997 that is within a locally designated growth area may be designated as a priority funding area if the community:</text>
      <level label="i">
        <text>is served by a public or community sewer system and in that part of the community designated by the local government for residential use or development:</text>
        <level label="1">
          <text>there is an average density of at least 2.0 units per acre; or</text>
        </level>
        <level label="2">
          <text>if a portion of the community is undeveloped, the permitted average density is not less than 2.0 units per acre; or</text>
        </level>
      </level>
      <level label="ii">
        <text>except as provided in paragraph (2) of this subsection, is served by a public or community water system and in that part of the community designated by the local government for residential use or development there is an average density of at least 2.0 units per acre.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>The provisions of paragraph (1)(ii) of this subsection do not apply to mobile home parks or communities with less than 10 units.</text>
      </level>
      <level label="ii">
        <text>Funding for a growth-related project under paragraph (1)(ii) of this subsection is to be provided only if the project serves to maintain the character of the community and does not serve to increase the growth capacity of the community except for limited peripheral or in-fill development.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>If an existing community receives a public or community sewer system, an area beyond the periphery of the developed portion of the existing community may be designated as a priority funding area if the development of the area beyond the periphery:</text>
        <level label="1">
          <text>has a permitted average density of at least 3.5 units per acre; and</text>
        </level>
        <level label="2">
          <text>the area is served by a public or community sewer system.</text>
        </level>
      </level>
      <level label="ii">
        <text>The Department of the Environment may provide funding for a sewer system in an existing community beyond the periphery of the developed portion of the community if the expansion has a permitted average density of at least 3.5 units per acre.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>An area, other than an existing community under subsection (d) of this section, may be designated as a priority funding area if:</text>
    <level label="1">
      <text>the area:</text>
      <level label="i">
        <text>is within a locally designated growth area of the local government; and</text>
      </level>
      <level label="ii">
        <text>is planned to be served under the approved 10-year water and sewer plan;</text>
      </level>
    </level>
    <level label="2">
      <text>the designation represents a long-term development policy for promoting an orderly expansion of growth and an efficient use of land and public services; and</text>
    </level>
    <level label="3">
      <text>in that part of the area designated by the local government for residential use or development, there is permitted an average density of not less than 3.5 units per acre.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>A rural village may be designated as a priority funding area under this section if:</text>
      <level label="i">
        <text>the village is designated in the county comprehensive plan as of July 1, 1998; and</text>
      </level>
      <level label="ii">
        <text>the boundary of the priority funding area is the periphery of the developed portion of the village as of July 1, 1998.</text>
      </level>
    </level>
    <level label="2">
      <text>Funding for a growth-related project under this subtitle is to be provided only if the project serves to maintain the character of the community and does not serve to increase the growth capacity of the village except for limited peripheral or in-fill development.</text>
    </level>
  </level>
  <level label="g">
    <text>The designation by a county, municipal corporation, or multiple local governments as provided in subsection (a)(2) of this section, of a priority funding area under this section shall be based on:</text>
    <level label="1">
      <text>an analysis of the capacity of land areas available for development, including in-fill and redevelopment; and</text>
    </level>
    <level label="2">
      <text>an analysis of the land area needed to satisfy demand for development at densities consistent with the master plan.</text>
    </level>
  </level>
  <level label="h">
    <text>For the purposes of this section, average density shall be calculated based on the total acreage of all parcels in the area for which the principal permitted use is residential, excluding land:</text>
    <level label="1">
      <level label="i">
        <text>dedicated for public use by easement in perpetuity or fee acquisition; or</text>
      </level>
      <level label="ii">
        <text>dedicated recreational use;</text>
      </level>
    </level>
    <level label="2">
      <text>subject to an agricultural easement under § 2-508 of the Agriculture Article;</text>
    </level>
    <level label="3">
      <text>subject to an agricultural easement under a county agricultural land preservation program certified under § 5-408 of this title;</text>
    </level>
    <level label="4">
      <text>used for cemetery purposes;</text>
    </level>
    <level label="5">
      <text>identified by a local government as:</text>
      <level label="i">
        <level label="1">
          <text>streams and their buffers;</text>
        </level>
        <level label="2">
          <text>100-year flood plains;</text>
        </level>
        <level label="3">
          <text>habitats of threatened and endangered species; and</text>
        </level>
        <level label="4">
          <text>steep slopes; and</text>
        </level>
      </level>
      <level label="ii">
        <text>on which development is prohibited by local law or ordinance; or</text>
      </level>
    </level>
    <level label="6">
      <text>identified by a local government as delineated nontidal wetlands on which development is prohibited by State or local law or ordinance.</text>
    </level>
  </level>
</section>
