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Session Laws, 1986
Volume 768, Page 2116   View pdf image
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2116

LAWS OF MARYLAND

Ch. 602

(B) THIS SECTION CONTROLS OVER ANY OTHER DEFINITION OF WHAT
CONSTITUTES AN INTENSELY DEVELOPED AREA.

(C) INTENSELY DEVELOPED AREAS ARE THOSE AREAS WHERE

RESIDENTIAL, COMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL DEVELOPED
LAND USES PREDOMINATE, RELATIVELY LITTLE NATURAL HABITAT OCCURS,
AND THAT HAVE AT LEAST 1 OF THE FOLLOWING FEATURES:

(1) HOUSING DENSITY EQUAL TO OR GREATER THAN 4
DWELLING UNITS PER ACRE;

(2) INDUSTRIAL, INSTITUTIONAL, OR COMMERCIAL USES ARE
CONCENTRATED IN THE AREA; OR

(3) PUBLIC SEWER AND WATER COLLECTION AND

DISTRIBUTION SYSTEMS ARE CURRENTLY SERVING THE AREA. IS INTENDED
TO ESTABLISH CONDITIONS FOR DEVELOPMENT IN THE CHESAPEAKE BAY
CRITICAL AREA IN ADDITION TO THOSE ESTABLISHED IN CRITERIA OF THE
COMMISSION. HOWEVER, IN THE EVENT OF ANY INCONSISTENCY BETWEEN
THE CRITERIA AND THE PROVISIONS OF THIS SECTION, THIS SECTION
SHALL CONTROL.

(B) WHEN LOCATING NEW INTENSELY DEVELOPED OR LIMITED
DEVELOPMENT AREAS, LOCAL JURISDICTIONS SHALL USE THE FOLLOWING
GUIDELINES;

(1) NEW INTENSELY DEVELOPED AREAS SHOULD BE LOCATED
IN LIMITED DEVELOPMENT AREAS OR ADJACENT TO EXISTING INTENSELY
DEVELOPED AREAS;

(2) NEW LIMITED DEVELOPMENT AREAS SHOULD BE LOCATED
ADJACENT TO EXISTING LIMITED DEVELOPMENT AREAS OR INTENSELY
DEVELOPED AREAS;

(3) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS
SUBSECTION, NO MORE THAN HALF OF THE EXPANSION ALLOCATED IN THE
CRITERIA OF THE COMMISSION MAY BE LOCATED IN RESOURCE
CONSERVATION AREAS;

(4) NEW INTENSELY DEVELOPED OR LIMITED DEVELOPMENT
AREA TO BE LOCATED IN THE RESOURCE CONSERVATION AREA SHALL
CONFORM TO ALL CRITERIA OF THE COMMISSION FOR SUCH AREAS AND
SHALL BE DESIGNATED ON THE COMPREHENSIVE ZONING MAP SUBMITTED BY
THE LOCAL JURISDICTION AS PART OF ITS APPLICATION TO THE
COMMISSION FOR PROGRAM APPROVAL OR AT A LATER DATE IN COMPLIANCE
WITH § 8-1809(G) OF THIS SUBTITLE; AND

(5) IN CALVERT, CAROLINE, CECIL, CHARLES, DORCHESTER,
KENT, QUEEN ANNE'S, ST. MARY'S, SOMERSET, TALBOT, WICOMICO, AND
WORCESTER COUNTIES, IF THE COUNTY IS UNABLE TO UTILIZE A PORTION
OF THE GROWTH ALLOCATED TO THE COUNTY IN PARAGRAPHS (1) AND (2)
OF THIS SUBSECTION WITHIN OR ADJACENT TO EXISTING INTENSELY
DEVELOPED OR LIMITED DEVELOPMENT AREAS AS DEMONSTRATED IN THE
LOCAL PLAN APPROVED BY THE COMMISSION, THEN THAT PORTION OF THE
ALLOCATED EXPANSION WHICH CANNOT BE SO LOCATED MAY BE LOCATED IN

 

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Session Laws, 1986
Volume 768, Page 2116   View pdf image
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