Harford County, MD
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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).
[1]
Editor's Note: The Permitted Use Charts are included at the end of this chapter.
[2]
Editor's Note: Tables 53-1 through 61-1 are included at the end of this chapter.
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.
(2) 
Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).
(3) 
Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).
(4) 
Signage shall comply with requirements set forth in § 267-33 (Signs).
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, provided that the property receives an agricultural assessment and that no more than 20% of the total area of the agricultural retail use or structure is dedicated to non-agricultural products. Agricultural retail sales includes agricultural processed products, provided that the original agricultural product was grown or raised on the premises.
(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.
(6) 
Rubble landfills are permitted pursuant to § 267-90 (Rubble landfills).
(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.
[3] 
Farm tours. No setback for the use. The parking area shall be a minimum of 100 feet from property lines except road frontage and 200 feet from any off-site residence. This area shall be landscaped and buffered pursuant to § 267-29 (Landscaping) and § 267-30 (Buffer yards).
(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.
(1) 
Properties re-zoned to RR after the effective date of this Part 1 must meet requirements of § 267-13H (Comprehensive zoning review) to achieve density of the RR Zoning District.
(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.
(3) 
Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).
(4) 
Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).
(5) 
Signage shall comply with requirements set forth in § 267-33 (Signs).
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, at a density of 1 dwelling unit per 2 acres.
(3) 
Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).
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.
(2) 
Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).
(3) 
Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).
(4) 
Signage shall comply with requirements set forth in § 267-33 (Signs).
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:
[1] 
An area for utility services in the road right-of-way.
[2] 
Private atriums or courts surrounded by buildings or enclosed walls totaling 25% of the minimum lot requirement.
[3] 
All living spaces face the atriums or courts.
(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:
[a] 
Detached accessory storage only as specified in the site plan approval; and
[b] 
Attached exterior storage, provided that the structure is integrated in the design of the overall dwelling and does not permit a direct means of access to the dwelling.
[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.
(4) 
Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).
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.
(2) 
Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).
(3) 
Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).
(4) 
Signage shall comply with requirements set forth in § 267-33 (Signs).
(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.
(4) 
Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).
(5) 
The following uses are permitted in accordance with Article VIII of this chapter, provided that a minimum parcel area of 30,000 square feet is established:
(a) 
Business and office equipment rental or leasing;
(b) 
Business equipment sales;
(c) 
Party supply shops;
(d) 
Photography equipment and supply shops; and
(e) 
Medical equipment rental and sales.
(6) 
Retail/service/office uses shall be developed in accordance with Article VIII.
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.
(1) 
Properties re-zoned to VR after the effective date of this Part 1 must meet requirements of § 267-13H (Comprehensive zoning review) to achieve density of the VR Zoning District.
(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.
(3) 
Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).
(4) 
Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).
(5) 
Signage shall comply with requirements set forth in § 267-33 (Signs).
(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.
(4) 
Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).
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.
[1]
Editor's Note: Table 58-1 is included at the end of this chapter.
(2) 
Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).
(3) 
Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).
(4) 
Signage shall comply with requirements set forth in § 267-33 (Signs).
(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:
[1] 
Maximum building coverage: 40% of lot.
[2] 
Maximum impervious surface: 85% of lot.
(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.
(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.
(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.
(5) 
Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills),
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.
[1]
Editor's Note: Tables 59-1 through 59-3 are included at the end of this chapter.
(2) 
Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).
(3) 
Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).
(4) 
Signage shall comply with requirements set forth in § 267-33 (Signs).
(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.
(2) 
Residential uses as accessory uses, in accordance with the following:
(a) 
Not more than 1 dwelling unit for any business lot, provided that said lot is a minimum of 20,000 square feet.
(b) 
The dwelling unit shall conform to the setback requirements of the principal use.
(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:
[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.
(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:
(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.
(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 all properties adjacent to the proposed use are served by a public water supply.
(8) 
Housing for the elderly in the B2 and B3 Districts when developed in accordance with Article VIII.
(9) 
Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).
(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 manufacturing, warehousing and service uses. Retail sales are permitted as accessory to a manufacturing or distribution operation where the product is produced or warehoused 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.
(3) 
GI General Industrial District. This district is intended for industrial uses of a larger scale or more intensive processing with large areas of unenclosed storage, which may generate substantially more impact on surrounding properties. Retail sales are permitted as accessory to a manufacturing operation where the product is produced or warehoused 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.
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.
[1]
Editor's Note: Tables 60-1 through 60-3 are included at the end of this chapter.
(2) 
Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).
(3) 
Buffer yards shall comply with requirements set forth in § 267-30 (Buffer yards).
(4) 
Signage shall comply with requirements set forth in § 267-33 (Signs).
(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:
(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%
(b) 
Parking. All parking or loading facilities shall be accommodated on the lot. All roads shall be paved with a hard surface such as asphalt or concrete. Parking areas shall be designed and maintained in accordance with § 267-26 (Off-street parking and loading).
(5) 
Modification of height requirements. 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 within the Commercial Industrial (CI) District. Any use permitted within the CI District shall be subject to the following:
(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.
(7) 
Use limitations within the Light Industrial (LI) District. Any use permitted within the LI District shall be subject to the following:
(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.
(8) 
Use limitations within the General Industrial (GI) District. Any use permitted in the GI District shall be subject to the following:
(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%.
(9) 
Housing for the elderly in the CI District when developed in accordance with Article VIII.
(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.
(d) 
A Type "C" buffer shall be established pursuant to § 267-30 (Buffer yards).
(e) 
The operation of the cars shall not occur between the hours of 11:00 p.m. and 8:00 a.m.
(12) 
Rubble landfills are permitted in accordance with § 267-90 (Rubble landfills).
(13) 
Integrated community shopping center (ICSC) shall be permitted in the CI in accordance with § 267-79 [Integrated community shopping center (ICSC)].
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.
(5) 
Signage shall comply with requirements set forth in § 267-33 (Signs).
(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:
(1) 
The principal permitted uses in the MO Mixed Office District shall be those uses shown on the Permitted Use Charts.[1]
[1]
Editor's Note: The Permitted Use Charts are included at the end of this chapter.
(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.
[2]
Editor's Note: Table 61-1 is included at the end of this chapter.
(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.
[1] 
A parking and pedestrian circulation plan shall be submitted as part of the site plan approval process.
[a] 
A multi-use path(s) to accommodate bike and pedestrian traffic shall be constructed with a 10-foot bike/pedestrian path easement, exclusive of any other easement.
[b] 
Bike racks shall be required for every 100 parking spaces.
[2] 
All parking areas must be effectively landscaped and buffered from adjacent roadways and adjoining residential districts pursuant to § 267-29 (Landscaping) and § 267-30 (Buffer yards).
[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.
(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 25% 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 the R1 District if townhouses are part of the project, townhouses shall not exceed 50% of the total number of units proposed, the total open space shall not be less than 50% of the site, a minimum of 10% of the required open space shall be active open space notwithstanding the requirements contained in § 267-31B(1) with respect to the percentage of active open space, and the variation in townhouse and multiplex width as provided in § 267-55C(2)(k) shall not apply.
[Amended by Bill Nos. 09-31; 13-36]
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.
A. 
Purpose and intent. The State of Maryland has recognized 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 and tidal wetlands and any additional areas that a local jurisdiction deems important to carry out the purpose of the Act. Harford County also recognizes the importance of protecting the resources of the Chesapeake Bay and hereby establishes that the goals of this management program are to:
[Amended by Bill No. 11-05]
(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, if 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.
(5) 
Monitor and control development in the County's Critical Area so that the natural resources of the Chesapeake Bay, its tidal tributaries and their shoreline areas will be protected and preserved for future generations.
[1]
Editor's Note: See Title 8, Subtitle 18, of the Natural Resources Article of the Annotated Code of Maryland.
B. 
Creation. 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. The regulations of the 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 Chesapeake Bay Critical Area. The management program developed for land areas lying within the overlay district shall be the County's Master Plan for such areas.
C. 
Application. The requirements of the Critical Area Overlay District shall apply to all areas shown on each Zoning Map overlay, to include, at a minimum, all areas within 1,000 feet of tidal waters and state or private wetlands and the heads of tides designated under Title 9 of the Natural Resources Article, and such additional areas as designated to meet the purpose of the district. The overlay district as shown on each Zoning Map overlay is further divided into 3 separate land use management categories for the purposes of planning, regulating and monitoring the type and intensity of land use development and redevelopment activities occurring within the County's Critical Area. The 3 land use management categories are as follows:
(1) 
Intensely developed areas (IDA).
(2) 
Limited development areas (LDA).
(3) 
Resource conservation areas (RCA).
D. 
Soil types. Soil types in Harford County's Critical Area with development constraints are set forth in Table 63-1.[2]
[2]
Editor's Note: Table 63-1 is included at the end of this chapter.
E. 
Prohibited uses.
(1) 
The following uses shall be prohibited within this overlay district:
(a) 
New or expanded sanitary landfills and rubble landfills.
(b) 
New or expanded solid or hazardous waste collection or disposal facilities.
(c) 
New storage tanks for vehicle fuels on residential lots.
(2) 
Certain new development, or redevelopment activities or facilities, because of their intrinsic nature, or because of their potential for adversely affecting habitats or water quality, may not be permitted in the Critical Area except in intensely developed areas and only after the activity or facility has demonstrated to all appropriate 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:
[Added by Bill No. 11-05[3]]
(a) 
Nonmaritime 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); or
(c) 
Permanent sludge handling, storage and disposal facilities, other than those associated with wastewater treatment facilities. However, agricultural or horticultural use of sludge under appropriate approvals when applied by an approved method at approved application rates may be permitted in the Critical Area, except in the 100-foot buffer.
[3]
Editor’s Note: This bill also renumbered former Subsection E(2) as Subsection E(3).
(3) 
All existing facilities of these types shall be operated in conformance with all applicable County, state and federal regulations.
F. 
Regulation of uses in the Critical Area Overlay District.
(1) 
Existing zoning. Unless otherwise specified in this section, the rights and limitations pertaining to the use of the land as specified in this Zoning Code shall remain in effect, subject to compliance with any additional requirements of this section.
(2) 
This section supplements existing County zoning and other regulations governing development in the Critical Area and is superimposed upon all existing zones and land use activity specified in this section. All development or redevelopment activity must conform to the existing zoning regulations, to the development regulations specified in the Subdivision Regulations[4] and to the special conditions and regulations set forth in this section. In the event of conflicts between existing zoning regulations, subdivision regulations and other overlay district regulations and this section, the more restrictive provision shall apply.
[4]
Editor's Note: See Ch. 268, Subdivision Regulations.
(3) 
Development activities. Permitted development activities are regulated in accordance with § 267-63 (Chesapeake Bay Critical Area Overlay District) and the following standards for the specific management area categories within which such activities are proposed:
(a) 
Intensely developed areas (IDA).
[1] 
Pollutant loadings associated with new development or redevelopment in an IDA shall be reduced by a minimum of 10% from predevelopment levels through the use of on-site stormwater management/best management practices or similar measures located off site within the same watershed and within the Critical Area. Stormwater management/best management practice sites will only be considered outside of the Critical Area and outside of the same watershed if the County Department of Planning and Zoning determines that no feasible alternative within the Critical Area can be provided. The procedures contained in the technical report entitled "Critical Area 10% Rule Guidance Manual, Fall 2003" (Appendix B of the Harford County Chesapeake Bay Critical Area Management Program, as amended) shall be used to determine the amount of reduction required and what specific measures are needed to meet this requirement, except where environmental site design practices as permitted under storm water management laws and regulations provide for greater water quality protection.
[Amended by Bill No. 11-05]
[2] 
Pollutant loadings associated with residential construction outside of the Critical Area buffer, including accessory structures and minor additions that disturb greater than 250 square feet and result in the permanent construction of an impervious surface area greater than 250 square feet, in the IDA shall be mitigated by the use of stormwater management/best management practices (BMPs) as specified in Appendix B of the Harford County Chesapeake Bay Critical Area Management Program, as amended, and/or through the use of additional landscaping plantings on that lot or parcel. If the cumulative total square footage exceeds 250 square feet, then mitigation must be provided for that area above 250 square feet.
[Amended by Bill No. 11-05]
[a] 
BMPs are specified in the "Critical Area 10% Rule Guidance Manual, Fall 2003" (Appendix B of the Harford County Chesapeake Bay Critical Area Management Program, as amended). However, environmental site design practices as specified under storm water management laws and regulations should be used as well, when environmental site design practices provide greater water quality protection.
[b] 
Mitigative plantings shall be located on permeable areas equal to or greater in area than the increase of impervious surfaces, shall be planted with at least one 1-inch caliper tree per 100 square feet and/or one 3-5 gallon containerized shrub per 50 square feet of impervious surface added to the lot and shall be established and maintained in accordance with a landscaping plan and covenant as approved by the Department of Planning and Zoning. Where possible, such new plantings should be located between the new construction and surface waters. Tree and shrub plantings shall be of native species.
[c] 
If mitigative landscaping and/or BMPs are not feasible as determined by the Director of Planning, the applicant is required to pay a fee in lieu of $1.20 per square foot of additional impervious surfaces. Monies contributed under this section shall be deposited in a separate account, shall be used according to Subsection G(4)(a)[11][a][ix][E] of this section and shall not revert to the general fund.
[d] 
Construction of accessory structures which disturb less than 250 square feet are exempt from mitigative planting requirements.
[3] 
Unless determined to be technically infeasible by the Director of Planning, permeable areas shall be established and maintained in vegetation in accordance with a landscaping plan approved by the Department of Planning and Zoning.
[4] 
Development shall be designed and constructed so as to minimize the destruction of existing forest vegetation. Any forest removed must meet the replacement standards set forth in § 267-63F(3)(b)[7][b]-[f] and be mitigated on a 1:1 square-footage basis.
[Amended by Bill No. 11-05]
[5] 
Low impact development techniques are encouraged to be utilized in the IDA to maintain predevelopment hydrological conditions.
[6] 
Existing areas of public access to the shoreline shall be maintained. If possible, the establishment of new areas of public access to the shoreline shall be included in the plans for development or redevelopment of shoreline areas.
[7] 
Cluster development shall be used in developing in the IDA as a means of minimizing the amount of impervious surface area and the destruction of existing natural vegetation unless it is determined by the Director of Planning to be infeasible or inappropriate for a specific site. This requirement does not supersede the requirements of § 267-70 pertaining to conventional with open space (COS) and planned residential development (PRD).
(b) 
Limited development areas (LDA).
[Amended by Bill No. 11-05]
[1] 
For new subdivisions in the LDA, Pollutant loadings associated with development in the LDA are to be maintained at predevelopment levels through the use of stormwater management/best management practices specified in "Critical Area 10% Rule Guidance Manual, Fall 2003" (Appendix B of the Harford County Chesapeake Bay Critical Area Management Program, as amended).
[2] 
Lot coverage on a parcel is limited in accordance with the following maximums.
[a] 
When a site is mapped entirely as a LDA 15% of the total site;
[b] 
When a portion of a lot or parcel is mapped as a LDA, 15% of that portion of the lot or parcel; and
[c] 
In the case of a growth allocation award:
[i] 
15% of the growth allocation development envelope; or
[ii] 
15% of the acreage proposed for growth allocation deduction.
[3] 
If a lot or parcel has two non-contiguous areas of LDA, the lot coverage of one LDA area may be transferred to the other LDA area on the same lot or parcel subject to the following conditions:
[a] 
The development is clustered in the LDA area receiving the lot coverage;
[b] 
The LDA area receiving the additional lot coverage must provide a 10% improvement in water quality; and
[c] 
The LDA area from which the lot coverage was taken must 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.
[4] 
Lot coverage may exceed 15% for the following:
[a] 
If a parcel or lot 1/2 acre or less in size existed on or before December 1, 1985, then lot coverage may not exceed 25% of the portion of the parcel or lot within the Critical Area.
[b] 
If a parcel or lot greater than 1/2 acre and less than 1 acre in size existed on or before December 1, 1985, then lot coverage is limited to 15% of the portion of the parcel or lot within the Critical Area.
[c] 
Lot coverage in a subdivision approved after December 1, 1985 in the Critical Area may not exceed 15% However, the total lot coverage on an individual lot one acre or less in size may exceed 15%.
[d] 
Subsection F(3)(b)[2] - [4] does not apply to a mobile home park in residential use on or before December 1, 1985.
[e] 
Limitations on lot coverage provided in Subsection F(3)(b)[4][a] and [b] of this section may be exceeded if the following conditions exist:
[i] 
For a lot or parcel 1/2 acre or less in size, total lot coverage does not exceed lot coverage limits in Subsection F(3)(b)[4][a] of this section by more than 25% of the lot coverage limitation or 500 square feet, whichever is greater.
[ii] 
For a lot or parcel greater than 1/2 acre and less than 1 acre in size, lot coverage does not exceed lot coverage limits in Subsection F(3)(b)[4][b] of this section or 5,445 square feet, whichever is greater.
[iii] 
Water quality impacts associated with runoff from new development activities that contribute to lot coverage can be and have been minimized through mitigative plantings or use of best management practices listed in Appendix B of the Harford County Chesapeake Bay Critical Area Management Program, as amended.
[iv] 
Mitigative plantings shall be located in permeable areas equal to or greater in area than the increase of lot coverage. These areas shall be planted with at least one 1-inch caliper tree per 100 square feet or one 3-5 gallon containerized shrub per 50 square feet of lot coverage added to the lot or parcel and established and maintained in accordance with a landscaping plan as approved by the Department of Planning and Zoning. Where possible, such new plantings should be located between the new development contributing to lot coverage and surface waters. Mitigative plantings shall be of native species.
[v] 
If mitigative plantings and/or BMPs are not feasible as determined by the Director of Planning, the applicant is required to pay a fee in lieu of $1.20 per square foot of additional impervious surfaces. Monies contributed under this section shall be deposited in a separate account and shall be used according to Subsection G(4)(a)[11][a][ix][E] of this section. These monies shall not revert to the general fund.
[5] 
No development shall be permitted on slopes 15% or greater.
[6] 
Development on soils with development constraints, i.e., highly erodible soils, hydric soils, soils with severe septic constraints and soils with hydric inclusions as listed in Table 63-1 of this section,[5] shall be restricted. The Director of Planning may permit development on such soils if adequate mitigation measures are applied to address the identified constraints and to avoid significant adverse impacts on water quality or fish, plant and wildlife habitats.
[5]
Editor's Note: Table 63-1 is included at the end of this chapter.
[7] 
The removal and replacement of existing forest cover and developed woodlands for development in an LDA area shall meet the following conditions:
[a] 
Area to be cleared. On a wooded development site, no more than 20% of the forest or developed woodland cover may be cleared provided that the remaining 80% is maintained through recorded restrictive covenants or similar instruments. This cover must be replaced on a 1:1 square-footage basis, rounded to the nearest 100 square feet. An additional 10% of the forest or developed woodland cover may be cleared, provided that replacement of the total forested or developed woodland area disturbed is made on 1:1.5 square-footage basis. Unless no forest will be disturbed by the development, a forest stand delineation is required for any development within the Critical Area in which forest covers an area greater than 40,000 square feet. The forest stand delineation shall be prepared according to the standards presented in Chapter 4 of the Harford County Forest Cover Conservation and Replacement Manual.
[b] 
Replacement of forest or developed woodland cover. The forest cover removed shall be replaced elsewhere on the same site or on another parcel within the Critical Area. If the replacement is not practical at the time of removal, the Director of Planning may approve the payment of a forest replacement fee of $0.40 per square foot area of forest or developed woodland cleared and not otherwise mitigated in lieu of the actual planting. Monies contributed under this section shall be deposited in a separate account, shall be used according to Subsection G(4)(a)[11][a][ix][E] of this section and shall not revert to the general fund.
[c] 
Forest conservation plan. The removal and replacement of forest and developed woodland cover for development must be undertaken as specified in an approved forest conservation plan developed in accordance with procedures specified in the Forest Management Guide (Appendix C of the Harford County Chesapeake Bay Critical Area Management Program, as amended). For properties requiring subdivision approval, forest conservation plans shall be submitted along with the preliminary plan. For all other projects, forest conservation plans shall be submitted to the Department of Planning and Zoning for review and approval prior to application for a grading permit.
[d] 
Performance guarantee required. To ensure that all afforested or reforested areas required by this section are completed in accordance with approved forest conservation plans and are adequately preserved and maintained after installation, a surety shall be deposited and a covenant recorded with Harford County. Grading permits will not be issued until the covenant and surety have been accepted by the County. The covenant shall be established between the County and the owner of the property which shall establish and protect the afforested or reforested areas from future development activities. The amount of the surety shall be equal to 110% of the value of $0.40 per square foot of planting required. The surety will be held until the forested area established meets or exceeds standards specified in the Forest Management Guide. If more than 25% of the plantings in the afforested or reforested area die within the first 2 growing seasons after planting, these must be replaced with new stock. If after 2 complete growing seasons from the time of planting, all components of the project meet or exceed the standards as determined by an inspection by the Department of Planning and Zoning and at least 75% of the planted trees have survived, 2/3 of the surety will be returned. The remainder will be released if, after the third growing season, all standards are met. If however, additional plantings are required to replace more than 25% of the original plantings which did not survive, the surety shall be held an additional 3 years from the time of the last planting.
[e] 
Timing of payment. The forest replacement fees shall be paid prior to any clearing of the forest or developed woodland cover on a development site. If not paid previously, the forest replacement fee shall be due and payable at the time of issuance of a grading permit for a site.
[f] 
Trust fund. Forest replacement fees shall be paid to the Harford County Department of the Treasury and maintained in a separate account, which shall be administered by the Harford County Department of Planning and Zoning. Expenditure of such funds shall be solely for the purpose of afforestation and reforestation of areas in the Critical Area, whether on public or private lands.
[8] 
If a development site is unforested, a minimum of 15% of the site shall be afforested. If the afforestation comprises an area of 1 acre or greater, a forest conservation plan, financial surety and covenant as specified in Subsection F(3)(b)[7][c] and [d] of this section shall be required. For afforestation of areas less than 1 acre in size, plantings shall be installed according to the guidelines contained in the forest management guide (Appendix C).
[9] 
All development plans shall incorporate a wildlife corridor system that connects the largest, most undeveloped or most vegetated tracts of land within and adjacent to the site, thereby providing a continuity of existing on-site and off-site plant and wildlife habitats.
[10] 
Cluster development shall be used for developing in the LDA as a means of minimizing the amount of lot coverage and the destruction of existing natural vegetation, unless it is determined by the Director of Planning to be infeasible or inappropriate for a specific site. This requirement does not supersede the requirements of § 267-70 pertaining to conventional with open space (COS) and planned residential development (PRD).
(c) 
Resource Conservation Areas (RCA).
[1] 
Agriculture, forestry and areas of natural habitat shall be considered preferred land uses within this area.
[2] 
New industrial, commercial and institutional, except for County-owned parks and recreation facilities, development shall be prohibited.
[3] 
New residential development shall be permitted at a maximum density of 1 dwelling unit per 20 acres. One residential structure 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. For purposes of this subsection, "dwelling unit" means 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 living quarters for a domestic, other employee, tenant or in-law, or an accessory apartment, a guesthouse or a caretaker residence.
[4] 
The requirements and standards for development activities in the RCA designation shall be the same as for developments in the LDA designation.
[5] 
Limitations on lot coverage on a parcel shall be in accordance with the following maximums:
[Added by Bill No. 11-05[6]]
[a] 
When a site is mapped entirely as a RCA, 15% of the total site; and
[b] 
When a portion of a lot or parcel is mapped as a RCA, 15% of that portion of the lot or parcel.
[c] 
Lot coverage may exceed 15% in accordance with § 267-63F(3)(b)[4].
[6]
Editor’s Note: This bill also renumbered former Subsection F(3)(c)[5] as Subsection F(3)(c)[6].
[6] 
Certain uses may be permitted in the RCA if it is determined by the Director of Planning, with the concurrence of the Critical Area Commission, that the impacts of the proposed use on plant and wildlife habitat and water quality would be minimized and that the proposed use would be consistent with the intent of the RCA classification and the County's Critical Area Program.
(d) 
Forest clearing violation. Clearing of forested areas anywhere within the Critical Area, other than as set forth in this section, and in the buffer as specified in § 267-63 (Chesapeake Bay Critical Area Overlay District) prior to issuance of a grading permit, or of areas exceeding the maximum amount allowed by this section, constitutes a violation of this section in addition to any other applicable County regulations. Afforestation/reforestation of an area 3 times the extent of the area cleared in violation will be required as mitigation for such clearing. All standards and requirements of § 267-63 (Chesapeake Bay Critical Area Overlay District) must be met, including the preparation of forest conservation plans and the posting of the required surety and covenant.
(e) 
Routine vegetative maintenance/emergency repairs. Routine vegetative maintenance and/or emergency repairs may occur in existing public utility rights-of-way in the Critical Area provided:
[1] 
The minimum disturbance necessary occurs;
[2] 
Mechanical methods are used whenever feasible as opposed to chemical means; and
[3] 
Notification and coordination with the Department of Planning and Zoning occurs prior to commencement of activity.
(4) 
Agriculture. Agricultural activities as otherwise permitted by the Zoning Code shall meet the following additional requirements:
(a) 
Each agricultural operation in the Critical Area shall have and be implementing a soil and water conservation plan, approved by the Harford Soil Conservation District Office, to protect the productivity of the land base, preserve or enhance water quality and conserve fish, wildlife and plant habitat, by incorporating best management practices which protect areas identified as habitat protection areas and adequately address the control of nutrients, animal wastes, pesticides and sediment runoff. Best management practices shall include a requirement for the implementation of a grassland and manure management program, where appropriate.
[Amended by Bill No. 11-05]
(b) 
Prior to the development of soil and water conservation plans as required in Subsection F(4)(a), a 25-foot vegetated filter strip comprised of trees with a dense ground cover or a thick sod grass shall be maintained adjacent to tidal waters, tidal wetlands or tributary streams so as to provide water quality benefits and habitat protection. The width of this strip shall be increased by a distance of 4 feet for every 1% increase in slope over 6%. Measures approved by the Harford County Soil Conservation District may be used within this filter strip and elsewhere in the Critical Area to control noxious weeds and invasive plants and animals.
[Amended by Bill No. 11-05]
(c) 
The feeding or watering of livestock is not permitted within 50 feet of tidal waters, tidal wetlands or tributary streams.
(d) 
Agricultural activities, including the grazing of livestock, shall not disturb stream banks, tidal shorelines or other habitat protection areas.
[Amended by Bill No. 11-05]
(e) 
Agricultural activities shall not be expanded in the Critical Area by:
[1] 
The destruction of nontidal wetlands by diking, dredging or filling operations.
[2] 
Clearing of forest or woodland on soils with a slope greater than 15% or on highly erodible soils.
[3] 
Clearing of lands identified as habitat protection areas, including the clearing of natural vegetation within the buffer.
(f) 
Timber harvesting operations on agricultural lands shall be done in accordance with the requirement of this section.
(5) 
Forestry operations. Forests are to be considered a protective land use in the Critical Area and, thus, should be managed to protect their value for plant and wildlife habitat and water quality protection.
(a) 
Timber harvesting affecting 1 acre or more of forested area in the Critical Area, including timber harvesting on agricultural land and that described above in Subsection F(3)(b)[7] of this section, shall be undertaken in accordance with a forest management or forest conservation plan prepared by a forester registered in the State of Maryland and approved by the Department of Natural Resources based upon recommendations of the Harford County Forestry Board and the Department of Planning and Zoning.
[Amended by Bill No. 11-05]
[1] 
Plans in accordance with the provisions in Appendix C of the Harford County Chesapeake Bay Critical Area Management Program, as amended, which do not involve cutting in the buffer or other identified habitat protection areas may be conditionally approved by the project forester. Copies of such conditionally approved plans shall be sent to the Forestry Board and the Department of Planning and Zoning. If no adverse comments are received within 2 weeks after submittal of the plans to the Board and the Department, such plans are formally approved.
[2] 
For plans involving disturbance to the buffer or other habitat protection areas, a pre-harvest meeting must be held with the landowner and/or his designee, the Department of Planning and Zoning and the Department of Natural Resources before approval of the timber harvest may be granted. Forest management plans must be approved by the Harford County Department of Planning and Zoning, the Harford County Forestry Board and the Department of Natural Resources before an applicant may proceed with a timber harvest involving disturbance to a habitat protection area.
[3] 
Separate copies of forest management plans shall be submitted to the Department of Natural Resources, the Department of Planning and Zoning and the Forestry Board for their review and approval. Plans approved by the Department of Planning and Zoning and the Forestry Board shall be submitted by these agencies to the Department of Natural Resources. If any of the 3 reviewing agencies find the forest management plan to be inadequate, that agency must contact the applicant in writing as to what additional information is required. The Department of Natural Resources shall notify the applicant that the timber harvest has been approved, and the applicant may proceed with the harvest.
[4] 
Forest management plans shall include measures to protect surface and ground water quality, identified habitat protection areas and the continuity of plant and wildlife habitat and shall include a copy of the timber harvest plan, which is the plan describing a proposed timber harvest that is required to be submitted to the Department of Natural Resources for a harvest of timber within the State of Maryland. Forest management plans shall show all buffers and other habitat protection areas. Forest management plans shall also show all proposed: stream crossings, culverts, landing areas, log decks, stockpile areas, skidder trails and haul roads to the nearest public road, and the limits of disturbance.
(b) 
Sediment control plans shall be developed for all timber harvesting in the Critical Area involving 5,000 square feet or more, including those undertaken on agricultural land. Such plans shall be approved by the Harford County Soil Conservation District based upon recommendations of the Department of Natural Resources and the Department of Planning and Zoning. Plans shall be submitted according to the procedures contained in the Forest Management Guide. The timber harvesting operation covered by such plans shall be implemented in accordance with the specifications contained in the document, Standard Erosion and Sediment Control Plan for Forest Harvest Operations, and any additional specifications established by the Department of Natural Resources.
(c) 
Timber harvesting within the Critical Area buffer shall be subject to the requirements set forth in Subsection G(4)(a)[9] of this section. Timber harvesting within the Critical Area buffer requires that a buffer management plan be included in the forest management plan.
[Amended by Bill No. 11-05]
(6) 
Water-dependent facilities. Those structures associated with industrial, maritime, recreational, educational or fishery activities requiring a location at or near the shoreline shall be considered water-dependent facilities and, thus, may be allowed within the Critical Area buffer, subject to the additional conditions of this subsection. An activity is water dependent if it cannot exist outside the buffer and is dependent on the water by the intrinsic nature of its operation.
(a) 
Except as otherwise provided in this regulation, new or expanded water-dependent activities may not be permitted in those portions of the buffer which occur in the RCA. Except as otherwise provided below, development activities or uses may be permitted in the Critical Area buffer in IDA and LDA provided that it can be shown:
[1] 
That they are water dependent;
[2] 
That the project meets a recognized private right or public need;
[3] 
That adverse effects on water quality and fish, plant and wildlife habitat are minimized; and
[4] 
That, insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside of the buffer.
(b) 
Except for a designated buffer exemption area or for a variance granted in accordance with Subsection H, lot coverage in the buffer may not exceed the minimum amount necessary for water-dependent facilities, regardless of the Critical Area classification or the size of the parcel or lot.
[Added by Bill No. 11-05[7]]
[7]
Editor’s Note: This bill also renumbered former Subsection F(6)(b) through (d) as Subsection F(6)(c) through (e), respectively.
(c) 
Expansion of an existing water-dependent facility includes: expansion of services, extension or construction of additional slips or piers, construction of new buildings, expansion of existing impervious surfaces or installation of new or additional boat storage facilities. Expansion does not include maintenance or repair or replacement of existing bulkheads, piers or buildings, or maintenance dredging. All new or expanded water-dependent facilities shall be located and operated in accordance with the following conditions:
[1] 
The activities shall not significantly alter existing water circulation patterns or salinity regimes.
[2] 
The water body upon which the facility and associated activities are proposed must have adequate flushing characteristics in the area for natural dispersal of and removal of pollution.
[Amended by Bill No. 11-05]
[3] 
Disturbance to wetlands, submerged aquatic vegetation or other areas identified as important aquatic habitats shall be minimized.
[4] 
Adverse impacts to water quality occurring as a result of the facility and associated activities, such as nonpoint source runoff, sewage discharge from land activities or vessels or pollutant runoff from boat cleaning and maintenance operations, shall be minimized.
[5] 
Shellfish beds shall not be disturbed or made subject to discharge which would render them unsuitable for harvesting.
[6] 
Dredging associated with the facility and associated activities shall utilize the method which causes the least disturbance to water quality and aquatic and terrestrial habitats in the immediate vicinity of the dredging operation or within the Critical Area.
[7] 
Dredged material shall not be placed within the Critical Area buffer or elsewhere in designated habitat protection areas except in previously approved channel maintenance disposal areas, shore erosion protection measures or beach nourishment.
[Amended by Bill No. 11-05]
[8] 
Interference with the natural transport of sand shall be minimized.
[9] 
Location of such facilities in or adjacent to waterfowl staging and concentration areas shall be avoided to the maximum extent possible. The use of new or existing water-dependent facilities in waterfowl staging and concentration areas shall be minimized during the period of November through March to avoid disturbance to waterfowl wintering there or using the areas as migratory staging areas.
[10] 
A building permit for any construction in or over tidal waters is not valid without a concurrent state wetlands license or permit and Sections 404/10 permits (as appropriate) from the Army Corps of Engineers.
[11] 
Construction of a non-water-dependent structure on new or existing pilings or pier over state or private wetlands in the Critical Area shall not be permitted. New boathouses located over state or private wetlands in the Critical Area shall not be permitted. "Boathouse" means a structure with a roof or cover, or similar device, placed over open water to protect a boat or other vessel.
(d) 
All applications for new or expanded water-dependent facilities shall be required to submit such pertinent information and materials as are listed in the technical document, Program Requirements for Water-Dependent Facilities (Appendix E of the Harford County Chesapeake Bay Critical Area Management Program, as amended), and as determined necessary by the Director of Planning. Based on the project size and scope, environmental sensitivity of the project site and potential adverse impacts to water quality, aquatic habitats or terrestrial habitats, the Director of Planning may require a comprehensive water-dependent facility plan as detailed in Appendix E of the Harford County Chesapeake Bay Critical Area Management Program, as amended. This plan must be approved by the Director of Planning. It is recommended that an applicant consult with the Department of Planning and Zoning before developing and submitting this information.
[Amended by Bill No. 11-05]
(e) 
Conditions relating to specific types of water-dependent uses. The development of the following water-dependent uses shall be subject to the following conditions:
[1] 
Commercial marinas, community marinas and piers, private piers, industrial water-dependent facilities and other associated maritime uses, including boating, docking and storage facilities.
[a] 
New commercial marinas and related maritime facilities shall not be permitted in resource conservation areas. Expansion of existing commercial marinas located in the RCA is allowed only if it is determined by the Director of Planning that the expansion will result in an overall net improvement in water quality at or leaving the marina site or a reduction in the pollutant loading from the marina.
[Amended by Bill No. 11-05]
[b] 
New or expanded commercial marinas and related maritime facilities in areas designated as limited or intensely developed areas must meet the following conditions:
[i] 
The best management practices cited in the technical report, Program Requirements for Water-Dependent Facilities in the Critical Area (Appendix E of the Harford County Chesapeake Bay Critical Area Management Program, as amended), shall be applied to the location and operation of new or expanded marinas and related maritime facilities, where applicable.
[ii] 
State sanitary requirements for such facilities are complied with.
[c] 
New or expanded community marinas and other noncommercial boating, docking and storage facilities may be located in the Critical Area buffer in the RCA, LDA and IDA if they meet the following conditions:
[i] 
The facilities do not offer food, fuel or other goods and services for sale and adequate sanitary facilities shall be provided.
[ii] 
The facilities are community-owned and established and operated for the benefit of the residents of a platted and recorded subdivision.
[iii] 
The facilities are associated with a residential development approved by the County for the Critical Area and are consistent with all the standards and regulations for the Critical Area as set forth in this section.
[iv] 
Any disturbance of the Critical Area buffer is the minimum necessary to provide a single point of access to the proposed facilities.
[v] 
If community piers or slips are provided as part of a development built or constructed after June 24, 1988, private piers in the development shall not be permitted.
[vi] 
The number of slips or piers permitted at the facility shall be the lesser of [A] and [B] below:
[A] 
One slip for each 50 feet of shoreline in a subdivision in the intensely and limited development areas and 1 slip for each 300 feet of shoreline in a subdivision in the resource conservation area; or
[B] 
A density of slips or piers to platted lots or dwellings within the subdivision in the Critical Area according to the following schedule:
Platted Lots or Dwellings in the Critical Area
Slips and Dwellings
Up to 15
1 for each lot
16 to 40
15 or 75%, whichever is greater
41 to 100
30 or 50%, whichever is greater
101 to 300
50 or 25%, whichever is greater
Over 300
75 or 15%, whichever is greater
[d] 
No structure connected to the shoreline, such as a dock, pier or boathouse, 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.
[e] 
New or expanded private water-dependent facilities for residential lots must meet the following conditions:
[i] 
New or expanded private water-dependent facilities will accommodate no more than 4 boats.
[ii] 
Non-water-dependent facilities shall not be constructed on piers.
[f] 
New, expanded or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of IDA exempted from the Critical Area buffer and are subject to the provisions of Subsection F(6)(a).
[2] 
Public beaches or other public water-oriented recreation or education areas. Public beaches or other public water-oriented recreation or education areas, including publicly owned boat launching and docking facilities and fishing piers, are allowed in the Critical Area buffer in the RCA, LDA and IDA, provided that the following conditions are met:
[a] 
Adequate sanitary facilities shall be provided.
[b] 
Service facilities shall be located outside the buffer.
[c] 
Permeable surfaces shall be used as the primary surfacing material if no degradation of groundwater would result.
[d] 
Disturbance to natural vegetation shall be minimized.
[e] 
Habitat protection areas shall be protected as consistent with provisions in Subsection G below.
[f] 
Areas for passive recreation such as nature study, hunting and fishing, and for education may be permitted in the buffer if non-water-dependent structures or facilities associated with these projects are located outside of the buffer.
[3] 
Water-dependent scientific research and fishery-related facilities. Water-dependent scientific research facilities operated by governmental agencies or educational institutions and commercial water-dependent fishery facilities, such as structures for crab-shedding, fish off-loading, docks and shore-based facilities necessary for fishery activities, can be located in the Critical Area buffer, provided that associated non-water-dependent structures or facilities are located outside the buffer. Commercial water-dependent fishery activities and shore-based facilities necessary for aquaculture operations may be located in the buffer in RCA, LDA and IDA.
(7) 
Surface mining.
(a) 
The establishment of new surface mining operations within the Critical Area shall be prohibited.
(b) 
Existing operations, including roads, accessory improvements, equipment and storage areas, may be continued within the Critical Area, provided that all such operations shall be conducted in a manner which:
[1] 
Does not adversely impact water quality, identified habitat protection areas or contiguous properties.
[2] 
Permits the rapid reclamation of the site, including any wash pond, when the operation has terminated.
[3] 
Retains the Critical Area buffer of natural vegetation between the operation and tidal waters, tidal wetlands and tributary streams.
(c) 
The expansion of existing surface mining operations in the Critical Area shall be reviewed and may be permitted as a special exception. Prior to accepting any application for Board of Appeals review, the Director of Planning shall review the application and shall forward the application to the Board only upon making findings that such expansion shall have met the following conditions.
[1] 
The operation shall not have an adverse impact on identified habitat protection areas.
[2] 
The operation shall not be located on lands which are within 100 feet of the mean high water line of tidal waters, tidal wetlands or the edge of streams.
[3] 
The operation shall not be located on land with highly erodible soils.
[4] 
The operation shall not be permitted if the mining activity would prevent the use of the site for agricultural or forestry purposes for more than 25 years.
[5] 
Wash plants, including ponds, spoil piles, related equipment, roads, parking areas and other impervious surfaces, shall not be located within the Critical Area buffer.
[6] 
An adequate reclamation plan has been developed.
(8) 
Shore erosion control measures. All development activities conducted on lands immediately adjacent to tidal waters or where existing developments are experiencing shoreline erosion problems shall be required to meet the following standards regarding the control of shoreline erosion:
(a) 
Other than in areas designated by MDE as appropriate for structural shoreline stabilization measures, improvements to protect a property against erosion shall consist of nonstructural shoreline stabilization measures that preserve the natural environment, such as marsh creation, except in areas where it can be demonstrated to the satisfaction of MDE that these measures are not feasible, including areas of excessive erosion, areas subject to heavy tides and areas too narrow for effective use of nonstructural shoreline stabilization measures.
[Amended by Bill No. 11-05]
(b) 
Where nonstructural measures are ineffective or impractical, as demonstrated to the satisfaction of MDE, stone revetments or riprap shall be used whenever possible to conserve fish and plant habitat. Bulkheads and other structural measures shall be used only where the use of revetments is infeasible or where their use is needed as part of a water-dependent facility.
[Amended by Bill No. 11-05]
(c) 
Erosion control plan. Where structural measures must be used, these must be established as specified in an erosion control plan approved by the Department of Planning and Zoning. The approved plan must be kept on the project site and be available for inspection upon request of the Zoning Inspector during the construction of the erosion control measures. An approved plan is not valid without all state and federal permits and licenses and an approved buffer management plan required to conduct such erosion control measures. The erosion control plan contains a site sketch of the existing shoreline and a site sketch of the proposed control measures. The erosion control plan also contains a brief description of the proposed methods and materials. The information required by the Army Corps of Engineers and Maryland Department of the Environment/Nontidal Wetlands Division for a 404 joint permit application is sufficient for submission as an erosion control plan.
[Amended by Bill No. 11-05]
(d) 
Slope stabilization. Where erosion of the slope in the buffer is occurring above mean high water, stabilization of the slope may only occur in accordance with an approved buffer management plan and in consultation with the Soil Conservation District and Critical Area Commission.
(9) 
Natural 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:
(a) 
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.
(b) 
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 buffer which are presently unvegetated.
(c) 
All areas listed as identified habitat protection areas in § 267-4 (Definitions) shall be protected on a natural park site.
(d) 
Forest cover on the site shall be maintained to the maximum extent feasible.
(e) 
All publicly owned lands leased for agricultural activities shall have current soil and water conservation plans.
G. 
Habitat protection areas.
(1) 
The purpose of this subsection is to ensure protection for the following types of areas with significant resource value, called "habitat protection areas," no matter where they are located within the Critical Area.
(2) 
The following areas of significant natural value are classified "habitat protection areas" and are so designated on each Zoning Map overlay or herein defined:
(a) 
Critical Area buffer. An area a minimum 100 feet in width as measured from the mean high water line of tidal waters, edge of tidal wetlands and edge of bank of tributary streams shall be established and maintained in a natural condition. The Critical Area buffer shall be expanded beyond 100 feet to include the following contiguous sensitive areas:
[Amended by Bill No. 11-05]
[1] 
Hydric soils, highly erodible soils, wetlands or other aquatic habitats and steep slopes.
[2] 
Steep slopes are defined as slopes which equal or exceed 15% slope. In the case of steep slopes within or contiguous to the Critical Area buffer, the buffer is additionally expanded beyond the expansions for the above-listed sensitive areas 4 feet for every 1% of slope as averaged over the contiguous steeply sloped area or to the top of the contiguous steeply sloped area, 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.
[3] 
Within the resource conservation area, any application for subdivision or site plan approval, not involving the use of growth allocation, shall have a minimum buffer of 200 feet from tidal waters or a tidal wetland unless subdivision of the property at a density of one dwelling unit per 20 acres would be precluded and all other state and local requirements will be satisfied.
[Added by Bill No. 11-05]
(b) 
Nontidal wetlands. Those areas which meet the definition of nontidal wetlands as set forth in § 267-4 (Definitions), both mapped and located by field survey.
(c) 
Habitats of state-designated threatened or endangered species or species in need of conservation, natural heritage areas and habitats of local significance.
(d) 
Colonial waterbird nesting sites.
(e) 
Riparian forests and other forested areas utilized as breeding habitat by forest interior dwelling species.
(f) 
Anadromous fish propagation waters.
(g) 
Historic waterfowl staging and concentration areas in tidal waters, tributary streams or tidal and nontidal wetlands.
(3) 
General provisions.
(a) 
Development activities or other land disturbances, including commercial tree harvesting and agricultural activities, are prohibited within the boundaries of an identified habitat protection area unless permitted in Subsection G(4) below.
[Amended by Bill No. 11-05]
(b) 
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 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, to minimize adverse effects on wildlife, aquatic life and their habitats and to maintain hydrologic processes and water quality.
(c) 
All development activities that must cross or otherwise affect streams shall be designed to:
[1] 
Retain tree canopy so as to maintain stream water temperatures within normal variation;
[2] 
Provide a natural substrate for streambeds; and
[3] 
Minimize adverse water quality and quantity impacts of stormwater.
(4) 
Specific provisions. Activities affecting particular habitat protection areas shall comply with the following requirements:
(a) 
Critical Area buffer.
[Amended by Bill Nos. 09-31; 11-05]
[1] 
Any activity occurring on a lot or parcel that includes the buffer must comply with COMAR 27.01.09.01-.01-7 as amended, included as Appendix K and incorporated herein by reference.
[2] 
The buffer shall be maintained in natural vegetation and may include planted native vegetation where necessary to protect, stabilize or enhance the shoreline.
[a] 
The buffer shall be expanded to include contiguous sensitive areas such as steep slopes, hydric soils, highly erodible soils and nontidal wetlands in accordance with the expansion provisions in Appendix K.
[b] 
In the case of development or redevelopment that occurs on a lot or parcel that includes a buffer to tidal waters, a tidal wetland or a tributary stream, or the approval of a subdivision that includes a buffer to tidal waters, a tidal wetland or a tributary stream, the buffer shall be established in accordance with the requirements set forth in Appendix K.
[3] 
New development activities, including redevelopment activities, may not be permitted in the buffer, except for:
[a] 
Those necessarily associated with water-dependent facilities as approved in accordance with Subsection F(6) of this section;
[b] 
Shore erosion control or slope stabilization measures in accordance with Subsection F(8) of this section;
[c] 
Those occurring within an approved buffer exempt area in accordance with Subsection G(4) of this section; and
[d] 
Those occurring on a lot or parcel created before January 1, 2010, where the buffer has been expanded due to a highly erodible soil on a slope less than 15% or a hydric soil, if:
[i] 
The location of the development activity is in the expanded portion of the buffer for a highly erodible soil on a slope less than 15% or a hydric soil, but not in the 100-foot buffer;
[ii] 
The buffer for a highly erodible soil on a slope less than 15% or a hydric soil occupies at least 75% of the lot or parcel; and
[iii] 
Mitigation occurs at a 2:1 ratio based on the lot coverage of the proposed development activity that is in the expanded buffer.
[4] 
The cutting or removal of natural vegetation in the buffer is prohibited with the exception of disturbance necessary for:
[a] 
Access to private piers;
[b] 
Construction of an approved water-dependent facility;
[c] 
Installation of an approved shore erosion protection device or slope erosion control measure;
[d] 
Removal of a dead, diseased or dying tree; or
[e] 
Removal of a tree in danger of falling and causing damage to a dwelling or other structure, causing blockage of a stream or causing accelerated shore erosion.
[5] 
Mitigation. Any disturbance to the buffer shall be mitigated per the requirements specified in Appendix K.
[6] 
Buffer management plan. Prior to any clearing of vegetation or removal of trees within the buffer for activities permitted under Subsection 4(A)[3] and [4] of this section, a buffer management plan must be submitted and approved by the Department of Planning and Zoning prior to any clearing or removal per the specifications contained in Appendix K.
[7] 
Any violation of this section shall require mitigation at a ratio of 4:1.
[8] 
Fee-in-lieu. If the mitigation requirements of Subsection 4(a)[5] cannot be met, a fee-in-lieu of buffer mitigation may be paid at the rate of $1.50 per square foot of mitigation required. Appendix K specifies reporting requirements for the fee-in-lieu.
[9] 
For any commercial timber harvesting of trees by selection, a buffer management plan shall be prepared by a registered forester and approved by the Maryland Department of Natural Resources based upon recommendations of the Harford County Forestry Board and the Harford County Department of Planning and Zoning. Cutting or clearing operations specified in such plans shall be conducted in accordance with the following requirements:
[a] 
Selective cutting may be permitted to within 50 feet of the mean high water line of tidal waters, perennial tributary streams and the edge of tidal wetlands. Commercial harvesting of trees by any method is permitted to the edge of intermittent streams provided that the requirements of this section are met.
[b] 
Nontidal wetlands and other identified habitat protection areas shall not be disturbed.
[c] 
Disturbance to stream banks and shorelines shall be avoided.
[d] 
The area disturbed or cut shall be replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife and reestablishes the wildlife corridor function of the buffer.
[e] 
The cutting shall not create logging roads and skid trails within the buffer.
[10] 
The requirements of this buffer section are not applicable to:
[a] 
An in-kind replacement of a principal structure; or
[b] 
Land that remains in agricultural use after subdivision in accordance with a buffer management plan per Appendix K.
[11] 
Buffer exempt areas. The following provisions apply to shoreline areas that have been identified as buffer exempt areas in the Harford County Critical Area Program as shown on the buffer exempt area maps attached hereto and incorporated herein by reference. Buffer exempt areas are those lots of record as of December 1, 1985 where the pattern of residential, industrial, commercial or recreational development prevents the buffer from fulfilling its intended purposes as stated in COMAR 27.01.09.01.C. For purposes of this buffer exempt area section, development refers to sites with less than 15% existing impervious surface and redevelopment pertains to sites with 15% greater existing impervious surface.
[a] 
For single-family, detached residential areas designated as buffer exempt areas, construction or placement of new or accessory structures, minor additions and associated new impervious surfaces on developed lots or parcels is permitted in the buffer provided that:
[i] 
The applicant can demonstrate that there is no feasible alternative for the location of the new development or redevelopment activities, including structures, roads, parking areas and other impervious surfaces or septic systems.
[ii] 
New development or redevelopment shall minimize the shoreward extent of intrusion into the buffer. New development and redevelopment shall not be located closer to the water (or the edge of tidal wetlands) than principal structures on adjacent properties or the local setback for the zoning district, whichever is greater. In no case shall new development or redevelopment be located less than 25 feet from the water (or the edge of tidal wetlands).
[iii] 
Existing principal or accessory structures in the buffer may be replaced in the same location. Any increase in impervious area within the buffer shall comply fully with the requirements of this section.
[iv] 
New accessory structures may be permitted in the buffer in accordance with the following setback requirements:
[A] 
New accessory structures may be located closer to the water or edge of tidal wetlands than the dwelling only if there are no other locations for the accessory structures;
[B] 
The area of the accessory structures within the buffer shall be minimized and the cumulative total area of all new and existing accessory structures within the buffer shall not exceed 500 square feet within 50 feet of the water and 1,000 square feet total; and
[C] 
In no case shall new accessory structures be located less than 25 feet from the water or edge of tidal wetlands.
[v] 
Variances to other setback requirements have been considered before additional development within 100 feet of mean high tide is approved.
[vi] 
No natural vegetation may be removed in the buffer except that required by proposed construction. The applicant will be required to maintain any other existing natural vegetation in the buffer.
[vii] 
Development does not impact any other habitat protection areas other than the buffer, including nontidal wetlands, other state and federal permits notwithstanding.
[viii] 
Buffer exempt area designations shall not be used to facilitate the filling of tidal wetlands that are contiguous to the buffer to create additional buildable land for new development or redevelopment.
[ix] 
Any development in the buffer exempt area requires mitigation in the form of plantings, offsets or fees in lieu.
[A] 
Natural vegetation of an area twice the extent of the footprint of the development activity within the 100-foot buffer shall be planted on site in the buffer or other location as may be determined by the Director of Planning. If it is not possible to carry out offsets or other mitigation within the Critical Area, any planting or other habitat/water quality improvements should occur within the affected watershed.
[B] 
Applicants who cannot comply with the planting requirements may use offsets to meet the mitigation requirement. Offsets may include the removal of an equivalent area of existing impervious surfaces in the buffer, the construction of best management practices for stormwater, wetland creation or restoration or other measures approved by the Director of Planning that improve water quality or habitat.
[C] 
Applicants who cannot comply with either the planting or offset requirements above on site or off site within the Critical Area shall pay a fee in lieu of $1.20 per square foot for the area to be planted.
[D] 
Any required reforestation, mitigation or offset areas must be designated under a development agreement or other instrument and recorded among the land records.
[E] 
The County may establish regional areas for plantings and/or stormwater management facilities to fulfill the water quality and wildlife habitat functions of the Critical Area buffer for those areas which have been exempted from the buffer exempt area provisions using the fee in lieu paid. Monies contributed under this section shall be deposited in a separate account and shall be used for site identification, acquisition, design, preparation, planting and monitoring of vegetation at selected regional water quality and wildlife improvement areas and shall not revert to the general fund.
[b] 
For commercial, industrial, institutional, recreational and multi-family residential areas designated as buffer exempt areas, construction or placement of new structures and associated new impervious surfaces on developed parcels in the buffer is permitted provided that:
[i] 
The applicant can demonstrate that there is no feasible alternative for the location of the new developed or redeveloped activity, including structures, roads, parking areas and other impervious surfaces or septic systems.
[ii] 
The applicant can demonstrate that efforts have been made to minimize buffer impacts by locating activities as far as possible from mean high tide, the landward edge of tidal wetlands or the edge of tributary streams, and variances to other local setback requirements have been considered before additional intrusion into the buffer. Convenience or expense shall not be factors considered when evaluating the extent of allowable impacts to the buffer.
[iii] 
New development, including accessory structures, shall minimize the extent of intrusion into the buffer. New development shall not be located closer to the water (or edge of tidal wetlands) than the zoning district setback 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.
[iv] 
Redevelopment, including accessory structures, shall minimize the extent of intrusion into the buffer. Redevelopment shall not be located closer to the water (or edge of tidal wetlands) than the zoning district setback or 25 feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line. Existing structures located within the 25-foot setback may remain. A new structure may be constructed on the footprint of an existing structure or impervious surface if it complies with all of the setbacks of this section and other applicable district regulations. Opportunities to establish a 25-foot setback should be maximized.
[v] 
Development and redevelopment may not impact any habitat protection areas other than the buffer, including nontidal wetlands, other state or federal permits notwithstanding.
[vi] 
No natural vegetation may be removed in the buffer except that required by the proposed construction. The applicant will be required to maintain any other existing natural vegetation in the buffer.
[vii] 
Buffer exempt area designation shall not be used to facilitate the filling of tidal wetlands that are contiguous to the buffer or to create additional buildable land for new development or redevelopment.
[viii] 
Any development or redevelopment in the buffer exempt area requires mitigation in the form of plantings, offsets or fees in lieu.
[A] 
A forested or landscaped buffer yard, 25 feet wide, shall be established on the project site between the development and the water. This buffer yard shall be densely planted with trees and shrubs.
[B] 
On redevelopment sites, if existing structures or those rebuilt on an existing footprint limit the area available for planting, then appropriate modifications to the width of the planted buffer yard may be made on a case-by-case basis as approved by the Director of Planning.
[C] 
In addition to the 25-foot buffer yard, natural forest vegetation of an area twice the extent of the footprint of the development activity shall be planted within the 100-foot buffer on site or at another location, preferably on site.
[D] 
Applicants who cannot comply with the planting requirements in Subsection [C] above may use offsets to meet mitigation requirements, such as removal of an equivalent area of existing impervious surfaces in the buffer, the construction of best management practices for stormwater, wetland creation or restoration or other measure approved by the Director of Planning that improve water quality or habitat. If it is not possible to carry out offsets or other mitigation within the Critical Area, any planting or other habitat/water quality improvements should occur within the affected watershed.
[E] 
Applicants who cannot comply with either the planting or offset requirements shall pay a fee in lieu of $1.20 per square foot for the area to be planted.
[F] 
Any required reforestation/mitigation offset areas must be designated under a development agreement or other instrument and recorded among the land records.
[G] 
The County may establish regional areas for plantings and/or stormwater management facilities to fulfill the water quality and wildlife habitat functions of the Critical Area buffer for those areas which have been exempted from the buffer exempt area planting provisions and use the fee in lieu alterative. Monies contributed under this section shall be deposited in a separate account and shall be used for site identification, acquisition, design, preparation, planting and monitoring of vegetation at selected regional water quality and wildlife improvement areas and shall not revert to the general fund.
(b) 
Nontidal wetlands.
[1] 
A 75-foot buffer shall be established adjacent to nontidal wetlands.
[2] 
Development activities shall not be permitted in nontidal wetlands or the 75-foot nontidal wetland buffer, except for permitted development associated with water-dependent facilities as listed in Subsection F(6) of this section.
[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 specifically excluded from coverage by the provisions of this district.
[4] 
Development activities in the drainage areas to nontidal wetlands shall not adversely affect the quality or quantity of surface or subsurface flow to the nontidal wetland so as to adversely affect its water quality and protection of fish, plant or wildlife habitat value.
[5] 
The location of stormwater management measures is not allowed in nontidal wetlands and the 75-foot nontidal wetland buffer unless it is demonstrated, and only if the Director of Planning concurs, that there is no other technically feasible location and that the water quality benefits of the measures outweigh the adverse impacts on water quality and plant and wildlife habitat values of the nontidal wetlands affected. In determining the adverse impacts of the location of such facilities, consideration can be given to the compensatory value of mitigation measures proposed to replace the lost water quality and habitat value of the affected nontidal wetlands. All federal and state wetland permits must be obtained.
(c) 
Habitats of state-designated threatened or endangered species or species in need of conservation, designated natural heritage areas and habitats of local significance.
[1] 
Development activity and other land disturbances shall be prohibited in state-designated natural heritage areas, state-designated habitats of threatened and endangered species and species in need of conservation or identified habitats of local significance. Subject to the review of a site-specific study prepared in consultation with the Department of Natural Resources, the Director of Planning may approve development activities or disturbances if it can be shown that the proposed activities will not have or cause adverse impacts on the identified habitats.
[2] 
Forest management plans and soil and water conservation plans developed for forestry or agricultural operations within such protection areas shall include measures to protect the integrity of these habitats.
[3] 
The process for the designation of new habitats shall be in accordance with COMAR 27.01.09.04C(2)(C).
[Added by Bill No. 11-05]
(d) 
Colonial waterbird nesting sites.
[1] 
A minimum 1/4-mile protection area buffer shall be established around any identified colonial waterbird nesting sites unless, subject to the review of a site-specific study prepared in conjunction with the Department of Natural Resources, it can be shown that development activity or disturbances will not have or cause adverse impacts on the identified habitats. Any development activities or other disturbances which are allowed should not occur during the nest-building and incubation periods, approximately February through April.
[2] 
Noise from construction or development activities should be minimized during the breeding season of February through April in areas adjacent to the 1/4-mile protection area buffer in order to avoid adverse impacts on nesting colonial waterbirds. The applicant is required to contact the Department of Natural Resources for information on the specific breeding seasons.
(e) 
Riparian forests and other forested areas utilized as breeding habitat by forest interior dwelling species. The following management practices shall be followed in the case of development, forest operations or other activities in areas identified as breeding habitat for forest interior dwelling species in accordance with the procedures specified in the technical report, A Guide to the Conservation of Forest Interior Dwelling Birds in the Critical Area (Appendix J of the Harford County Chesapeake Bay Critical Area Management Program):
[Amended by Bill No. 11-05]
[1] 
Minimize disturbance during the May-August breeding season.
[2] 
Locate development or other activities that would cause disturbance to the forested areas such as roads, utility line corridors, structures and intensive timber harvesting on the periphery of the site.
[3] 
To the maximum extent feasible, retain the forest canopy and trees and shrubs underneath the canopy.
[4] 
Timber harvesting shall be undertaken utilizing techniques which help to maintain or improve habitat for forest interior dwelling species. The Department of Natural Resources shall be consulted for advice on the use of proper techniques prior to any timber harvesting operations.
(f) 
Anadromous fish propagation waters. The following management measures shall apply to any streams identified as anadromous fish propagation waters:
[1] 
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.
[2] 
Channelization or other physical alterations which may change the course or circulation of a stream shall be prohibited.
[3] 
Construction or placement of dams or other structures that would interfere with or prevent the movement of spawning fish or larval forms in streams shall be prohibited.
[4] 
The construction, repair or maintenance activities associated with bridges or other stream crossings or with utilities and roads which involve disturbance within the Critical Area buffer or which occur in streams shall be prohibited between March 1 and June 15.
[5] 
All proposed in-stream construction projects shall maintain the natural stream channel bottom and predevelopment conditions.
H. 
Variances.
(1) 
Variances from the provisions of this section may only be granted if, due to special features of a site or other circumstances, implementation of this section or a literal enforcement of its provisions would result in unwarranted hardship [See Subsection H(5) below] to an applicant.
[Amended by Bill No. 11-05]
(2) 
All applications for variances shall be reviewed by the Director of Planning for conformance with applicable provisions of this section, and a written report shall be provided to the Board of Appeals.
(3) 
An application for a variance to legalize a violation of this section, including any unpermitted structure or development activity, may not be accepted unless the Department of Planning and Zoning first issues a notice of violation for the violation, per Subsection P.
[Amended by Bill No. 11-05[8]]
[8]
Editor’s Note: This bill also renumbered former Subsection H(3) and (4) as Subsection H(4) and (5), respectively.
(4) 
In granting a variance, the Board shall issue written findings demonstrating that the requested approval complies with each of the following conditions:
(a) 
That special conditions or circumstances exist that are peculiar to the land or structure within the County's Critical Area, and a literal enforcement of the Critical Area Program would result in an unwarranted hardship.
(b) 
That a literal interpretation of the provisions of this section will deprive the applicant of rights commonly enjoyed by other properties in similar geographic and land use management areas within the Critical Area.
(c) 
That the granting of a variance will not confer upon the applicant any special privilege that would be denied by this section to other lands or structures within the Critical Area.
(d) 
That the variance request is not based upon conditions or circumstances which are the result of actions by the applicant, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property.
(e) 
That the granting of a variance will not adversely affect water quality or adversely impact fish, wildlife or plant habitat within the Critical Area, and the granting of the variance will be in harmony with the spirit and intent of this section.
(f) 
That all identified habitat protection areas on or adjacent to the site have been protected by the proposed development and implementation of either on-site or off-site programs.[9]
[9]
Editor’s Note: Former Subsection H(4)(g), which immediately followed this subsection and prohibited exceeding the growth allocation by the granting of a variance, was repealed by Bill No. 11-05. This bill also redesignated former Subsection H(4)(h) as Subsection H(4)(g).
(g) 
That the variance will not be substantially detrimental to adjacent properties or will not materially impair the purpose of this Part 1 or the public interest.
(5) 
For purposes of this subsection, "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. In considering whether unwarranted hardship exists, the County must consider the following:
(a) 
The County shall presume that the specific development activity in the Critical Area that is subject to the application and for which a variance is required does not conform with the general purpose and intent of the Natural Resources Article, Title 8, Subtitle 18, COMAR Title 27, and the requirements of the County's Critical Area Program.
(b) 
If the variance request is based on conditions or circumstances that are the result of actions by the applicant, the County shall consider that fact.
[Amended by Bill No. 11-05]
(c) 
An applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection H(5)(a) above.
[Amended by Bill No. 11-05]
(d) 
Based on competent and substantial evidence, the County shall make written findings as to whether the applicant has overcome the presumption of nonconformance as established above.
(e) 
With due regard for the person's experience, technical competence and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:
[1] 
The applicant;
[2] 
The County or any other government agency; or
[3] 
Any other person deemed appropriate by the County.
(6) 
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 subsection, the variance request shall be denied and the structure must be removed or relocated and the affected resources restored.
[Added by Bill No. 11-05[10]]
[10]
Editor’s Note: This bill also renumbered former Subsection H(5) as Subsection H(7).
(7) 
All applications for variance requests shall be filed in writing in accordance with § 267-9D (Board of Appeals, Filings) of the Zoning Code, as amended. Notice of all variance requests and copies of applications filed in accordance with this section shall be sent to the Chesapeake Bay Critical Area Commission within 10 calendar days of filing with the Department of Planning and Zoning. A copy of the recommendation of the hearing examiner or of the Board in acting on the variance shall be sent to the Commission within 10 days.
[Amended by Bill No. 11-05]
(8) 
A permit for the activity that was the subject of the variance application may not be issued until the applicable thirty-day appeal period has elapsed.
[Added by Bill No. 11-05]
I. 
Special exceptions. All projects requiring approval as special exceptions within the Critical Area must meet the standards of this section. The Director of Planning may require such additional information, studies or documentation deemed necessary to ensure that applicable requirements of this district are met. Applications will not be considered complete for processing until all information as required by the Director of Planning has been received.
J. 
Nonconforming uses and structures. Subject to those requirements governing nonconforming uses or structures contained in § 267-20 (Nonconforming buildings, structures and uses) of the Harford County Code, as amended, any use or structure in existence, as of the date of the enactment of this section, shall be allowed to continue as originally built and utilized. Any intensification or expansion of such existing nonconforming uses or structures shall only be allowed subject to the approval of a variance along with all necessary findings, as described in Subsection H of this section.
K. 
Grandfathering provisions. Notwithstanding the density provisions of Subsection F(3)(c) of this section, the following development activities shall be allowed in the Critical Area, provided that the development activity conforms to all applicable provisions for the protection of identified habitat protection areas, for the development of water-dependent facilities and for adequate stormwater management measures, including the limitation of lot coverage in LDA and RCA in accordance with Subsections F(3)(b) and F(3)(c) of this section, and that the development activity conforms to the remaining provisions of this section to the maximum extent possible:
[Amended by Bill No. 11-05]
(1) 
Construction of a single-family dwelling on an undeveloped, legal parcel of land or lot of record that existed as of December 1, 1985.
(2) 
Construction of subdivisions that received final approval prior to June 1, 1984, provided that lots not individually owned are consolidated or reconfigured to comply with the provisions of Subsection L below.
(3) 
Construction of subdivisions which received final approval between June 1, 1984, and December 1, 1985.
(4) 
Construction of subdivisions which received final approval after December 1, 1985, and prior to the date of approval of this section. Such subdivisions shall be consistent with the provisions of this section, or the development of these areas must utilize a portion of the County's growth allocation.
(5) 
The expansion by no more than 50% of commercial uses on parcels designated as limited development areas because they did not meet the minimum 20-acre size required for IDA designation.
L. 
Lot consolidation and reconfiguration. Consolidation or reconfiguration of grandfathered lots, as identified in Subsection K, must comply with the following:
[Added by Bill No. 11-05[11]]
(1) 
An application for the consolidation or reconfiguration of lots shall contain at least the following information:
(a) 
The date of recordation of each legal parcel of land or recorded, legally buildable lot to be consolidated or reconfigured;
(b) 
A plan drawn to scale and showing all existing and proposed parcel or lot boundaries;
(c) 
A table that lists the number of all legal parcels of land or recorded, legally buildable lots and the number of proposed parcels or lots to be derived; and
(d) 
Information sufficient to make findings set forth in Subsection L(2) below.
(2) 
An application for lot consolidation or reconfiguration may not be approved unless the following written findings can be made:
(a) 
The proposal will not result in a greater number of lots, parcels or dwelling units in the Critical Area than the configuration in existence at the time of application would allow;
(b) 
In the limited development area or resource conservation area, the proposal:
[1] 
Will not result in greater lot coverage than development activities within the configuration in existence at the time of application would allow; and
[2] 
Will not result in greater impact to a steep slope than development activities within the lot configuration in existence at the time of application would allow, if that steep slope is located outside the buffer or expanded buffer;
(c) 
The proposal will not:
[1] 
Create an additional riparian parcel or lot, waterfront lot or any other parcel or lot deeded with water access; or
[2] 
Intensify or increase impacts associated with riparian access;
(d) 
The proposal will not create:
[1] 
A parcel, lot or portion of a parcel or lot that will serve development activities outside the Critical Area; or
[2] 
A resource conservation area parcel or lot that will serve development activities in the intensely developed area or limited development area;
(e) 
The proposal identifies each habitat protection area on site, and, if the proposal impacts a habitat protection area, the proposed protective and restoration measures provide for the least possible adverse impact;
(f) 
The proposal:
[1] 
Will not result in a greater impact to a habitat protection area than the impact that would result from development activities within the configuration in existence at the time of application; and
[2] 
Will minimize adverse impacts to the habitat protection area;
(g) 
The proposal provides:
[1] 
Stormwater management for all proposed development activities; and
[2] 
Benefits to fish, wildlife and plant habitat that are clearly identified; and
(h) 
The proposal fully complies with the afforestation and reforestation requirements in this section, unless clearing is necessary to avoid a habitat protection area.
(3) 
Final written decision or order.
(a) 
The Department of Planning and Zoning shall issue a final written decision or order granting or denying an application for a consolidation, reconfiguration, a modification or a reconsideration of a proposal.
(b) 
A copy of the final written decision, and a copy of the approved development plan, shall be sent by U.S. Mail to the Critical Area Commission within 10 business days of the final decision.
(c) 
A permit or approval of any type may not be issued by the Department of Planning and Zoning on a property affected by the final written decision or order until after a thirty-day appeal period afforded the Critical Area Commission in accordance with COMAR 27.01.02.08G.
(4) 
Minor lot line adjustments of 10 feet or less between two nonconforming lots of record are exempt from submittal to the Critical Area Commission.
(5) 
The provisions of this section do not apply to a conforming parcel or lot.
[11]
Editor’s Note: This bill also renumbered former Subsections L through N as Subsections M through O, respectively.
M. 
Amendments to management area boundaries and general program amendments. As defined in this section, the boundaries shown on the Critical Area Maps depicting the Critical Area land use management areas (IDA, LDA, RCA), and provisions in the Critical Area Program, may require amendment from time to time. All such amendments or changes shall be reviewed in accordance with the following procedures and shall conform to the required standards as outlined in this subsection:
(1) 
For purposes of this section, the following definitions apply:
PROGRAM AMENDMENT
Any change or proposed change to an adopted program that is not determined by the Chairman of the Critical Area Commission to be a program refinement.
PROGRAM REFINEMENT
Any change or proposed change to an adopted program that the Chairman of the Critical Area Commission determines will result in a use of land or water in the Chesapeake Bay Critical Area in a manner consistent with the adopted program or that will not significantly affect the use of land or water in the critical area. Program refinement may include:
(a) 
A change to an adopted program that results from state law;
(b) 
A change to an adopted program that affects local processes and procedures;
(c) 
A change to a local ordinance or code that clarifies an existing provision; and
(d) 
A minor change to an element of an adopted program that is clearly consistent with the provisions of state Critical Area Law and all the criteria of the Commission.
(2) 
General procedures.
(a) 
The County Council may propose changes or amendments to the boundaries as shown on the Critical Area Maps. The basis for approval of such amendments shall be due to:
[1] 
A mistake in the original designation of a management area; or
[2] 
The periodic review of the overall management program; or
[3] 
A request for a growth allocation.
(b) 
All proposed amendments shall be reviewed in accordance with the procedures and standards of this subsection. In addition, all proposed amendments to the County's critical area program, including, but not limited to, the Zoning Code, Subdivision Regulations and Critical Area Maps, shall be consistent with the purposes, policies, goals and provisions of the Critical Area Law and all criteria of the Critical Area Commission.
(c) 
Application submittal. All applications for amendments shall be reviewed in the following manner:
[1] 
Amendments involving a growth allocation or other amendment request shall be submitted to the Department of Planning and Zoning. The Department of Planning and Zoning shall hold a pre-application meeting with the applicant and shall notify the applicant in writing of the sufficiency of their application within 30 calendar days of receipt of the application. The Department of Planning and Zoning shall present a report with a recommendation on the proposed amendment to the Planning Advisory Board (PAB) and the Environmental Advisory Board (EAB) within 90 calendar days of the determination of a complete application. The PAB and EAB shall transmit their recommendations on the proposed amendment to the County Council within 90 calendar days of receipt of the Planning and Zoning staff report. The Department of Planning and Zoning shall present a staff report with a recommendation on the amendment to the County Council concurrent with the PAB recommendation.
[2] 
If the Department of Planning and Zoning determines that an application is insufficient, the applicant shall submit whatever additional information the Department requires within 30 calendar days from the time of notification of insufficiency. If the required information is not submitted within 30 calendar days, the application shall be considered void.
[3] 
The County Council shall hold a public hearing on the proposed amendment. The Department of Planning and Zoning shall publish notice of the date, time and place of the hearing at least once in at least 2 newspapers published in the County at least 2 weeks prior to the hearing date and shall send notice of the hearing a minimum of 2 weeks prior to the hearing to all property owners whose land is immediately adjacent to or lies wholly or in part within the proposed amendment area. At any time after the hearing, the Council may approve or deny these proposed amendments.
[4] 
All amendments approved by the Council shall be forwarded to the Critical Area Commission within 30 calendar days of the Council's final action. No amendment shall be considered final pending action by the State of Maryland Critical Area Commission.
[5] 
The Chairman, and as appropriate, the Commission, shall determine if the requests for program changes are consistent with the purposes, policies, goals and provisions of the Critical Area Law and all criteria of the Commission.
[6] 
In accordance with the determination of consistency as outlined in Subsection M(2)(c)[5] above, the Chairman of the Critical Area Commission, or as appropriate, the Commission, shall approve the proposed program refinement or amendment and notify the County, deny the proposed program refinement or amendment, approve the proposed program refinement or amendment subject to one or more conditions or return the proposed program refinement or amendment to the County with a list of changes to be made.
[Amended by Bill No. 11-05]
(d) 
Information required. At a minimum, all applications for amendments shall include the following information:
[1] 
The proposed boundaries of the amendment request showing the existing and proposed boundaries of the management area.
[2] 
A written justification describing how the proposed amendment conforms to the objectives of the County's Critical Area management program and addresses the required findings for the management area where the project is to be located as specified below.
[a] 
The Director of Planning shall require additional materials as may be necessary for the review of the proposed amendments. For those amendments involving a growth allocation request, submittal requirements can be found in COMAR 27.01.02.05-1 and COMAR 27.01.02.05-2, including factors listed in Subsection N of this section. For amendments involving the correction of a mistake in the original designation, the applicant shall also provide a statement specifying the mistake in the original designation of a land use management area that makes the proposed amendment necessary.
[Amended by Bill No. 11-05]
[b] 
All relevant information necessary for the Chairman of the Commission, and as appropriate, the Commission, to evaluate the changes.
(3) 
Fees. The following fee schedule shall apply to all applications for amendments to management area boundaries:
(a) 
Publication and posting fee: $200.00.
(b) 
Filing fee (all projects): $500.00.
(c) 
Plus $15.00 per acre or portion of an acre within the Critical Area of Harford County.
(4) 
If the Council takes action to deny a growth allocation or boundary mistake argument, the applicant may not submit an application for the same request for 2 years following the decision unless a significant change has been made in the ownership or site conditions.
N. 
Expansion of intensely developed and limited development management areas.
(1) 
General requirements. The boundaries of the intensely developed and limited development management area, as shown on each Zoning Map overlay, may be expanded in accordance with the following procedures for use of a portion of the County's growth allocation:
(a) 
Acreage. The total area of expansion shall not exceed an area equal to 5% of that portion of the total land in the County's resource conservation management area that is not designated tidal wetlands. No more than 1/2 of the allocated expansion shall occur in areas shown in the resource conservation management area.
(b) 
Location. Expansion of the intensely developed or limited development management areas may be approved subject to the following locational criteria:
[1] 
New LDA shall be located adjacent to an existing limited development area or intensely developed management area. New intensely developed areas shall be located in a LDA or adjacent to an existing IDA or are an existing grandfathered commercial, industrial or institutional use that existed as of the date of the original local program approval.
[2] 
Such areas shall be located at least 300 feet from tidal waters or tidal wetlands if the land was originally designated in the original resource conservation management area, unless the Director of Planning proposes, and the Critical Area Commission approves, alternative measures for enhancement of water quality and habitat that provide greater benefits to the resources.
[Amended by Bill No. 11-05]
[3] 
Such areas shall incorporate measures to protect water quality and identified habitat protection areas located on or adjacent to the proposed expansion areas.
[4] 
Such areas shall minimize impacts to habitat protection areas and lands in resource conservation management areas in proximity to such an expanded limited development or intensely developed area.
(2) 
Additional requirements. All projects granted a growth allocation shall conform to the following additional standards:
(a) 
All forested area removed shall be replaced on a square-footage basis in accordance with the procedures specified in § 267-63 (Chesapeake Bay Critical Area Overlay District) of the Zoning Code, as amended, and the Forest Management Guide. If such replacement is not feasible, fee in lieu must be paid to the County in accordance with the procedures specified in this section.
(b) 
Pollutant loadings associated with developments granted growth allocations shall be managed according to the levels required for the land use management area amendment. In the case of a new intensely developed area, such loadings shall be reduced 10% from predevelopment levels. The procedures contained in the technical report entitled "Critical Area 10% Rule Guidance Manual, Fall 2003" (Appendix B of the Harford County Critical Area Management Program, as amended) shall be used to determine the amount of reduction required and what specific measures are needed to meet these requirements.
[Amended by Bill No. 11-05]
(c) 
Development on slopes greater than 15% as measured prior to development shall be prohibited.
(d) 
Development on soils with development constraints, i.e., highly erodible soils, soils with severe septic constraints, hydric soils and soils with hydric inclusions as listed in Table 63-1,[12] shall be restricted. The Director of Planning may permit development on such soils if adequate mitigation measures are applied to address the identified constraints and to avoid significant adverse impacts on water quality or fish, plant or wildlife habitats.
[12]
Editor's Note: Table 63-1 is included at the end of this chapter.
(3) 
Standards for review of expansion projects.
(a) 
Project review criteria. In addition to the requirements listed in Subsections N(1) and (2) above, all projects requesting an expansion of the IDA and LDA as a growth allocation shall be reviewed and evaluated for their conformance with the following factors:
[1] 
Consistency with the Harford County Comprehensive Plan and whether the growth allocation would implement the goals and objectives of the plan;
[Added by Bill No. 11-05[13]]
[13]
Editor’s Note: This bill also renumbered former Subsection N(3)(a)[1] through [3] as Subsection N(3)(a)[11] through [13].
[2] 
For new IDA areas, whether the development is:
[a] 
To be served by a public wastewater system;
[b] 
To have an allowed average density of at least 3.5 units per acre;
[c] 
To be located in a priority funding area if the IDA is greater than 20 acres; and
[d] 
To have a demonstrable economic benefit;
[3] 
For new LDA areas, whether the development is:
[a] 
To be served by a public wastewater system or septic system that uses the best available nitrogen removal technology;
[b] 
A completion of an existing subdivision;
[c] 
An expansion of an existing business;
[d] 
To be clustered;
[4] 
The use of existing public infrastructure, where practicable;
[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 or off-site;
[6] 
Impacts on a priority preservation area, as defined under § 2-518 of the Agriculture Article;
[7] 
Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal water, tidal wetlands and tributary streams;
[8] 
Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development;
[9] 
The amount of forested area and other vegetative cover that is left undisturbed and in a natural state on the site;
[10] 
Additional public improvements and the specific nature of such improvements that will be provided with the proposed development (Examples of these would include public access facilities to waterfront areas, acceleration of the provision of public water and sewer service to areas with existing health problems, dedication of lands for public park purposes, etc.); and
[11] 
Use of innovative site design and construction design features to minimize the disturbance of natural areas and reduce potential impacts on habitat protection areas and adjacent communities and RCA areas. These features could include, but are not limited to:
[a] 
The use of cluster development;
[b] 
The use of shallow-marsh creation stormwater management measures;
[c] 
The use of buffer areas to minimize impacts on existing habitats and wildlife corridors and protect adjacent natural and developed areas from impacts of the proposed development;
[d] 
The use of appropriate landscaping plans and materials to enhance the establishment of vegetated buffer areas on the project site;
[e] 
The use of conservation easements to permanently protect natural areas; and
[f] 
The use of low-impact development (LID) practices. LID practices are described in the following documents, which are hereby incorporated by reference: U.S. Department of Housing and Urban Development, Office of Policy Development and Research, The Practice of Low Impact Development (July 2003); Prince George's County, Maryland Department of Environmental Resources, Low-Impact Development Design Strategies: An Integrated Design Approach (June 1999); and Prince George's County, Maryland Department of Environmental Resources, Low-Impact Development Hydrologic Analysis (July 1999). Low-impact development techniques are encouraged as environmentally sensitive development credits in the 2000 Maryland Stormwater Management Design Manual, Volumes I and II.
(b) 
Annexation areas. Any area proposed for annexation by a municipality where the proposed use on the parcel requires a change in the land use management area (i.e., RCA to LDA or IDA, etc.) shall be subject to all the procedures for growth allocation as specified in this section.
(4) 
Submittal requirements for growth allocation projects -- refer to § 267-63M(2)(D).
[Added by Bill No. 11-05]
O. 
Comprehensive review of the Critical Area Program.
(1) 
The Critical Area Program shall be reviewed at least every 6 years, and the County Council shall propose any necessary amendments to the program or its adopted maps. The basis for approval of such amendments shall be due to:
(a) 
Updated resource inventory.
(b) 
Refinement of program for better consistency with the State Critical Area Criteria.
(c) 
Refinement of program for more effective protection of natural resources within the Critical Area.
(2) 
General procedures. All such amendments or changes shall be reviewed in accordance with the following procedures and shall conform to the required standards as outlined in this subsection:
(a) 
The Department of Planning and Zoning shall submit program amendments to the Planning Advisory Board (PAB) and the Environmental Advisory Board (EAB) together with a summary of the reasoning for the amendments.
(b) 
Within 60 calendar days the PAB and the EAB shall transmit their recommendations on the proposed amendment to the County Council.
(c) 
The County Council shall hold a public hearing on the proposed amendment. Notice of the date, time and place of the hearing shall be published at least 1 time in at least 2 newspapers published in the County at least 2 weeks prior to the hearing date. In addition, notice shall also be sent a minimum of 2 weeks prior to the hearing to all property owners whose land lies wholly or in part within the proposed amendment area for map amendments. At any time after the hearing, the Council must approve or deny these proposed amendments.
(d) 
All amendments approved by the Council shall be forwarded to the Critical Area Commission within 30 calendar days of the Council's final action. No amendment shall be considered final until approved by the State of Maryland Critical Area Commission.
P. 
Enforcement.
[Added by Bill No. 11-05[14]]
(1) 
Any development activity undertaken contrary to the provisions of this section or any development activity undertaken without required permits or approvals constitutes a violation of this section of the Code.
(2) 
Enforcement action shall be taken by the Code Enforcement Officer upon the determination of a violation of this section.
(3) 
The following persons may each be held jointly or severally responsible for a violation:
(a) 
Persons who apply for or obtain any permit or approval;
(b) 
Contractors;
(c) 
Subcontractors;
(d) 
Property owners;
(e) 
Managing agents; or
(f) 
Any person who has committed, assisted or participated in the violation.
(4) 
Each violation that occurs and each calendar day that a violation continues constitutes a separate offense.
(5) 
The Code Enforcement Officer shall issue a notification letter to a person believed to be committing a zoning violation. The notification letter shall contain:
(a) 
The name and address of the person charged;
(b) 
The nature of the violation, with reference to the section of the Code violated;
(c) 
The place where and the time that the violation occurred;
(d) 
Restoration order and mitigation order to abate water quality and habitat impacts resulting from the violation; and
(e) 
A timeframe for compliance.
(6) 
Failure to comply with the requirements of the notification letter will 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 Code Enforcement Officer may request adjudication of the case through the District Court as a criminal offense. The District Court shall schedule the case for trial and summon the defendant to appear.
(7) 
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 Article 23A, § 3(b)(8) through (15) of the Annotated Code of Maryland. The County Attorney may prosecute the case.
(8) 
In addition to any other penalty applicable under state or County law, each person who violates a provision of the Maryland Natural Resources Article, Title 8, Subtitle 18, COMAR Title 27, or this section, is subject to a fine not exceeding $10,000 per violation. The court may impose a fine of up to $10,000 for each calendar day of a violation, after considering:
(a) 
The willfulness for the violation;
(b) 
The harm to the environment or the community in which the violation occurred; and
(c) 
The cost to the County of enforcing the violation case.
(9) 
Permits pursuant to a violation. The Department may not issue any permit, approval, variance or special exception, unless the person seeking the permit, approval, variance or special exception has:
(a) 
Prepared a restoration and/or mitigation plan, approved by the Department, to abate impacts to water quality or natural resources as a result of the violation;
(b) 
Performed the abatement measures in the approved plan in accordance with local Critical Area requirements; and
(c) 
Unless an extension of time is approved by the Department because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance or special exception for the affected property, completed any additional mitigation required as a condition of approval for the permit, approval, variance or special exception.
(10) 
The Code Enforcement Officer may issue a restoration order to any person violating the Critical Area Program compelling the violator to:
(a) 
Remove any construction materials, equipment, any structure or other construction work or development activity built or erected in violation of the Critical Area Program;
(b) 
Restore any property to its condition as it existed before any violation of, the Critical Area Program; and
(c) 
Perform any condition or obligation required by the Critical Area Program or by any permit, approval, special exception or variance.
(11) 
The Code Enforcement Officer shall issue a mitigation order to any person who has been cited for a violation of the Critical Area Program. Mitigation is required for all violations of the County's Critical Area Program and shall be in addition to any required abatement or restoration activities.
[14]
Editor’s Note: This bill also repealed former Subsection O, Civil penalty for zoning violation.
Q. 
Reasonable accommodations for the needs of disabled citizens.
[Added by Bill No. 11-05]
(1) 
An applicant seeking relief from the Critical Area standards contained in this ordinance in order to accommodate the reasonable needs of disabled citizens shall have the burden of demonstrating the following:
(a) 
The existence of a physical disability;
(b) 
Literal enforcement of the provisions of this ordinance would result in discrimination by virtue of such disability;
(c) 
A reasonable accommodation would reduce or eliminate the discriminatory effect of the provisions of this ordinance;
(d) 
The accommodation requested will not substantially impair the purpose, intent or effect of the provisions of this ordinance as applied to the property; and
(e) 
Environmental impacts associated with the accommodation are the minimum necessary to address the needs resulting from the particular disability of the applicant.
(2) 
The Director of Planning shall determine the nature and scope of any accommodation under this ordinance and may award different or other relief than requested after giving due regard to the purpose, intent or effect of the applicable provisions of this ordinance. The Director of Planning may also consider the size, location and type of accommodation proposed and whether alternatives exist which accommodate the need with less adverse effect.
(3) 
The Director of Planning may require, as a condition of approval, that upon termination of the need for accommodation, that the property be restored to comply with all applicable provisions of this ordinance. 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.
R. 
The Chesapeake Bay Critical Area Management Program, as enacted by Bill 01-36, along with all maps and appendices, is incorporated herein by reference as thought were fully stated herein, and the Chesapeake Bay Critical Area Management Program is hereby declared to be part of the official Harford County Master Plan.
[Added by Bill No. 11-05]
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) 
The gross square footage of a building may be increased by up to 40% provided that the following improvements occur on the existing and the expanded portion of the site:
(a) 
New signage, which is cohesive and unifying, be installed throughout the entire site, pursuant to § 267-33 (Signs); and
(b) 
Landscaping shall meet the requirements of § 267-29 (Landscaping). Wherever possible, the parking islands shall be designated to also serve as a bioretention area for stormwater runoff.
(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:
(1) 
The gross square footage of a building may be increased by up to 20% provided that:
(a) 
All design standards of § 267-79 [Integrated community shopping center (ICSC)] must be met to the fullest extent possible; and
(b) 
All conditions of the prior approval, except square footage, can be met.
(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:
(a) 
New signage which is cohesive and unifying be installed throughout the entire ICSC, consistent with § 267-33 (Signs); and
(b) 
Landscaping shall meet the requirements of § 267-29 (Landscaping). Wherever possible, the parking islands shall be designated to also serve as a bioretention area for stormwater runoff.
(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]
I. 
Mixed use centers in the Chesapeake Science and Security Corridor. Mixed use centers shall be permitted, in conformance with Article VIII, in conformance with the standards established in § 267-76 (Mixed use center).
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.
(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.
(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.
(c) 
Landscaping shall comply with the requirements set forth in § 267-29 (Landscaping).
(d) 
Buffer yards shall comply with the requirements sets forth in § 267-30 (Buffer yards).
(2) 
Mixed use centers in the Edgewood Neighborhood Overlay District. Mixed use centers shall be permitted, pursuant to Article VIII, in conformance with standards established in § 267-76 (Mixed use center).
(3) 
Planned employment centers in the Edgewood Neighborhood Overlay District. Planned employment centers shall be permitted, pursuant to Article VIII, in conformance with standards established in § 267-77 (Planned employment centers).
(4) 
Traditional neighborhood developments in the Edgewood Neighborhood Overlay District. Traditional neighborhood developments shall be permitted, pursuant to Article VIII, in conformance with standards established in § 267-78 (Traditional neighborhood developments).
[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:
(a) 
The permitted uses for developments less than 20 acres shall be only those of the underlying zoning district.
(b) 
For residential developments less than 20 acres, the design standards of the next most dense residential zoning district shall apply.
(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.
(3) 
The following institutional uses shall be permitted within developments in the MNOD provided that such uses do not exceed 25% of the gross land area up to a maximum of 10 acres:
(a) 
Daycare centers.
(b) 
Community centers.
(c) 
Fire station with assembly hall.
(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.
(4) 
All open space shall be provided pursuant to § 267-31 (Open space) of the Harford County Code as amended.
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:
[a] 
A storage tank located in an underground area such as a basement, if the storage tank is located on or above an impervious surface such as a concrete floor;
[b] 
Wastewater collection systems;
[c] 
Stormwater management facilities; or
[d] 
Propane tanks.
[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.
[9] 
Bulk storage of hazardous materials except as follows:
[a] 
Materials needed for normal household use;
[b] 
Waste oil retention facilities required by statute, rule or regulation;
[c] 
Materials needed for emergency generators; or
[d] 
Materials used in water treatment plants.
[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.
[1] 
Grass swales, vegetated filter strips, bioretention, constructed stormwater wetlands, sand filters and closed sand filters shall be used where possible.
[2] 
Runoff from service stations, towing and vehicle storage areas and maintenance areas with gasoline pumps shall not be infiltrated.
(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:
[1] 
Located on an impervious pad or container of sufficient volume to capture and contain spills and leakage;
[2] 
Sheltered to prevent the intrusion of precipitation; and
[3] 
Located so as to allow for routine visual inspections for leaks.
(c) 
All aboveground storage tanks shall be located at least 100 feet from all County wells.
(5) 
Landscaping standards. Landscaping shall be provided consistent with the standards set forth in § 267-29 (Landscaping).
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.
[1] 
Grass swales, vegetated filter strips, bioretention, constructed stormwater wetlands, sand filters and closed sand filters shall be used where possible.
[2] 
Runoff from service stations, towing and vehicle storage areas and maintenance areas with gasoline pumps shall not be infiltrated.
(d) 
All new development and redevelopment shall meet the requirements for stormwater management as specified in Chapter 214 of the Harford County Code, as amended.
(4) 
Landscaping standards. Landscaping shall be provided consistent with the standards set forth in § 267-29 (Landscaping).
(5) 
Aboveground storage tanks.
(a) 
All new aboveground storage tanks shall be located at least 100 feet from all community wells.
(b) 
New aboveground storage tanks shall be:
[1] 
Located on an impervious pad or container of sufficient volume to capture and contain spills and leakage;
[2] 
Sheltered to prevent the intrusion of precipitation; and
[3] 
Located so as to allow for routine visual inspections for leaks.
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.
(4) 
New aboveground storage tanks shall be:
(a) 
Located on an impervious pad or container of sufficient volume to capture and contain spills and leakage;
(b) 
Sheltered to prevent the intrusion of precipitation; and
(c) 
Located so as to allow for routine visual inspections for leaks.
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.
H. 
Notification. The procedure for notification of proposed new noncommunity nontransient well construction must be followed as described in § 268-20 (Community input meetings) of the Subdivision Regulations for Harford County.