HARRY HUGHES, Governor

3271

(C) WITHIN AN AGRICULTURAL PRESERVATION DISTRICT, SPECIAL
ASSESSMENTS MAY NOT BE PERMITTED FOR THE SUPPORT OF ANY PUBLIC
SERVICE INCLUDING, BUT NOT LIMITED TO, WATER AND SEWER SERVICE.

12-104. AREAS DESIGNATED.

(A) (1) THE AGRICULTURAL PRESERVATION ADVISORY BOARD SHALL
DESIGNATE CERTAIN PORTIONS OF THE COUNTY AS HAVING THE GREATEST
POTENTIAL FOR MAINTAINING A VIABLE LEVEL OF AGRICULTURAL OR
FOREST PRODUCTION. THE CRITERIA THE BOARD USES SHALL INCLUDE,
BUT NOT BE LIMITED TO:

(I) PRESENT LAND USE

(II) PERCENT OF CROPLAND

(III) SUITABILITY OF THE SOIL

(IV) AMOUNT OF CONTIGUOUS FARM LAND

(2)  THE AREA SPECIFIED IN THIS SECTION SHALL BE
CALLED THE "DESIGNATED AGRICULTURAL AREA". WOODED PARCELS MAY BE
INCLUDED IN THE DESIGNATED AGRICULTURAL AREA.

(3)  ANY PERSON WHO OWNS LAND WITHIN A DESIGNATED
AGRICULTURAL AREA IS NOT REQUIRED TO JOIN AN AGRICULTURAL
PRESERVATION DISTRICT. THE PROGRAM IS ENTIRELY VOLUNTARY.

12-105. TRANSFER ZONES.

(A)  THE BOARD OF COUNTY COMMISSIONERS SHALL DESIGNATE
CERTAIN PORTIONS OF THE COUNTY, NOT IN A DESIGNATED AGRICULTURAL
PRESERVATION AREA, AS A TRANSFER. ZONE. THE BOARD OF COUNTY
COMMISSIONERS SHALL CONSIDER THE RECOMMENDATIONS FROM THE
PLANNING COMMISSION OF CALVERT COUNTY.

(B)  THE OWNER OF THE DEVELOPMENT RIGHT IS PERMITTED TO
INCREASE THE DENSITY OF RESIDENTIAL USE OF THE PROPERTY HE OWNS
WITHIN THE TRANSFER ZONE IN ACCORDANCE WITH THIS SUBTITLE.

12-106. DEVELOPMENT OPTIONS.

(A)  ONE DEVELOPMENT OPTION PER ACRE OF LAND IS ALLOCATED
WITHIN AN AGRICULTURAL PRESERVATION DISTRICT.

(B)  FIVE DEVELOPMENT OPTIONS SHALL BE SUBTRACTED FOR EACH
RESIDENCE LOCATED ON A PARCEL IN AN AGRICULTURAL PRESERVATION
DISTRICT.

(C)  THOSE PERSONS WHO OWN PROPERTY WITHIN A TRANSFER ZONE
MAY CREATE 1 ADDITIONAL SINGLE FAMILY RESIDENTIAL BUILDING LOT
FOR EACH 5 DEVELOPMENT RIGHTS PURCHASED. THE DENSITY MAY NOT
EXCEED 1 DWELLING PER 2.5 ACRES, UNLESS THE COUNTY COMMISSIONERS
DEVELOP CRITERIA PERMITTING HIGHER DENSITY WHERE FAVORABLE