Regulation .06-3 Requirements for New Intensely Developed Areas and Limited Development Areas.
Regulation .06-3 Requirements for New Intensely Developed Areas and Limited Development Areas.LinkCopy Citation
A.
Definition. In §§E, F, and G(1) of this regulation, “consistency with” or “consistent with” a jurisdiction’s adopted comprehensive plan means that a standard or factor will further, and not be contrary to:
(1)
For a growth allocation application that is to be located in a priority funding area, in accordance with State Finance and Procurement Article, §§5-7B-02 and 5-7B-03, Annotated Code of Maryland, all of the following items in the plan:
(a)
Policies;
(b)
Timing of the implementation of the plan;
(c)
Timing of development;
(d)
Timing of rezoning; and
(e)
Development patterns; or
(2)
For a growth allocation application that is not to be located in a priority funding area, all of the following items in the plan:
(a)
All of the items under §A(1) of this regulation;
(b)
Land uses; and
(c)
Densities or intensities.
B.
Except as authorized under Regulation .03B(2) of this chapter, a new intensely developed area shall be at least 20 acres.
C.
Except as provided in §D of this regulation, a local jurisdiction may not use more than 1/2 of its total allotted growth allocation acreage to convert a resource conservation area into a new limited development area or a new intensely developed area.
D.
A local jurisdiction may use a standard that varies from §C of this regulation if:
(1)
The local jurisdiction is a municipal corporation; or
(2)
In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester Counties:
(a)
The county is unable to utilize up to ½ of its total allotted growth allocation acreage;
(b)
The alternative standard is consistent with the county's adopted comprehensive plan;
(c)
The Commission has approved the alternative standard as part of the county's program; and
(d)
The county requires an applicant for growth allocation to cluster development in the growth allocation area.
E.
Except as authorized under §F of this regulation, a local jurisdiction shall use all of the following standards when locating new intensely developed areas or limited development areas:
(1)
Locate a new intensely developed area in a limited development area or adjacent to an existing intensely developed area;
(2)
Locate a new limited development area adjacent to an existing limited development area or an intensely developed area;
(3)
Locate in a manner that:
(a)
Minimizes impacts to a habitat protection area as defined in COMAR 27.01.01.01;
(b)
Optimizes benefits to water quality; and
(c)
Minimizes impacts to the defined land uses of the resource conservation area;
(4)
Locate a new intensely developed area or limited development area in a resource conservation area at least 300 feet landward from the mean high water line of tidal waters or from the landward boundary of a tidal wetland, unless the local jurisdiction proposes, and the Commission approves, alternative measures for enhancement of water quality and habitat that provide greater benefits to the resources; and
(5)
For a growth allocation application for a residential subdivision, comply with the requirements and procedures under Environment Article, §9-206, Annotated Code of Maryland, and Land Use Article, Title 1, Subtitle 5, and §5-104, Annotated Code of Maryland.
F.
A local jurisdiction may use a standard that varies from §E(1) and (2) of this regulation if:
(1)
The alternative standard is consistent with the local jurisdiction's adopted comprehensive plan; and
(2)
The Commission has approved the alternative standard as part of the local program.
G.
When reviewing a map amendment or refinement involving the use of growth allocation, the Commission shall consider all of the following factors:
(1)
Consistency with the jurisdiction's adopted comprehensive plan and whether the growth allocation would implement the goals and objectives of the adopted plan;
(2)
For a new intensely developed area, whether the development will:
(a)
Be served by a public wastewater system;
(b)
Have an allowed average density of at least 3.5 units per acre, as calculated under State Finance and Procurement Article, §5-7B-03(h), Annotated Code of Maryland;
(c)
For a new intensely developed area that is greater than 20 acres, be located in a priority funding area; and
(d)
Have a demonstrable economic benefit to the area;
(3)
For a new limited development area, whether the development will:
(a)
Be served by a public wastewater system or septic system that uses the best available nitrogen removal technology;
(b)
Complete an existing subdivision;
(c)
Expand an existing business; or
(d)
Be clustered;
(4)
The use of existing public infrastructure, where practical;
(5)
Consistency with State and regional environmental protection policies concerning the protection of threatened and endangered species, and species in need of conservation that may be located on-site or off-site;
(6)
Impacts on a priority preservation area, as defined under Agriculture Article, §2-518, Annotated Code of Maryland;
(7)
Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and
(8)
Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development.
H.
The Commission shall ensure that the provisions of this regulation have been applied in a manner that is consistent with the purposes, policies, goals, and provisions of this subtitle, and all criteria of the Commission.