J. MILLARD TAWES, GOVERNOR 1089
Code of Maryland (1957 Edition), title "Health", sub-title "Water,
Ice and Sewerage", to follow immediately after Section 396 thereof,
relating to minimum health requirements for lots and plats of sub-
divisions in Calvert County, and providing for procedure to appeal
refusal to approve plats of subdivisions in the county.
Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 396A be and it is hereby added to Article 43 of the
Annotated Code of Maryland (1957 Edition), title "Health", sub-title
"Water, Ice and Sewerage", to follow immediately after Section 396
thereof, to read as follows:
396A. (a) Anything in this Article or in any regulations of the
State Board of Health to the contrary notwithstanding, a lot in any
platted subdivision of land in Calvert County shall be deemed prima
facie to satisfy such law or regulations if said lot contains a minimum
of fifteen thousand (15,000) square feet meeting the minimum per-
colation test requirements. The plat shall be approved unless good
cause to the contrary is shown by the approving authority.
(b) In Calvert County topography on a subdivision plat shall be
shown on five foot contours, provided, however, that if ground slope
is sufficiently steep to indicate existing surface configuration on
larger contours the approving authority may permit use of a larger
contour interval.
(c) (1) In Calvert County, if the approving authority shall refuse
approval of the site, the preliminary plat, or the final plat, it shall
indicate in writing such refusal to the person submitting the plat,
setting forth the specific grounds for the refusal and such person
shall have the right to appeal the decision of the approving authority
to the County Commissioners acting as the local board of health.
(2) Such appeal shall be commenced by filing with the president
of the local board of health a copy of the letter of refusal and any
pertinent plat, drawing or other information with a request that the
local board review the decision of the approving authority. Upon
receipt of such appeal the president of the local board shall call a
meeting of said board for the purpose of hearing the appeal within
fifteen days. At this hearing the Board shall receive evidence on the
merits of the action to be taken and shall make an independent de-
termination of whether or not the approval sought shall be granted.
The board shall render a decision in writing within five days from
the date of such hearing and shall furnish a copy thereof to all par-
ties in interest. If the Board grants the approval sought such action
shall thereafter be binding on the initial approving authority and in
such case the State Board of Health may, within thirty (30) days of
the date of the decision of the local board, appeal to the Circuit Court
as provided in Subsection 3 below and the case may be heard and
tried as provided in Subsection 3 below. If the action sought is the
approval of a plat for record and the Board approves same a major-
ity of the members thereof shall endorse said plat and it shall there-
upon be eligible for recordation without further action by the initial
approving authority.
(3) If the local board shall deny the approval sought the person
seeking such approval may within thirty (30) days from the date of
the decision of the local board appeal to the Circuit Court for Calvert
County. Such appeal shall be commenced by docketing a petition
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