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ROBERT L. EHRLICH, JR., Governor Ch. 381
(2) An area zoned or. if applicable, classified after January 1, 1997, as
industrial may be designated as a priority funding area if the area is served by a
public or community sewer system.
(c) (1) An area where the principal uses of the area are for employment may
be designated as a priority funding area if:
(i) the area is served by public or community sewer systems; or
(ii) public or community sewer systems are planned in the approved
10-year water and sewer plan.
(2) An area zoned or, if applicable, classified after January 1, 1997 as
industrial, or where the principal uses are for employment, in addition to meeting the
criteria set forth in paragraph (1) of this subsection, shall be located within a locally
designated growth area.
(d) (1) A community in existence prior to January 1, 1997 that is within a
locally designated growth area may be designated as a priority funding area if the
community:
(i) is served by a public or community sewer system and in that
part of the community designated by the local government for residential use or
development:
1. there is an average density of at least 2.0 units per acre; or
2. if a portion of the community is undeveloped, the
permitted average density is not less than 2.0 units per acre; or
(ii) except as provided in paragraph (2) of this subsection, is served
by a public or community water system and in that part of the community designated
by the local government for residential use or development there is an average
density of at least 2.0 units per acre.
(2) (i) The provisions of paragraph (1)(ii) of this subsection do not
apply to mobile home parks or communities with less than 10 units.
(ii) Funding for a growth-related project under paragraph (1)(ii) of
this subsection is to be provided only if the project serves to maintain the character of
the community and does not serve to increase the growth capacity of the community
except for limited peripheral or in-fill development.
(3) (i) If an existing community receives a public or community sewer
system, an area beyond the periphery of the developed portion of the existing
community may be designated as a priority funding area if the development of the
area beyond the periphery;
1. has a permitted average density of at least 3.5 units per
acre; and
2. the area is served by a public or community sewer system.
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