PARRIS N. GLENDENING, Governor

Ch. 759

(G) (H) FOR THE PURPOSES OF THIS SECTION, AVERAGE DENSITY SHALL BE
CALCULATED BASED ON THE TOTAL ACREAGE OF ALL PARCELS IN THE AREA FOR
WHICH THE PRINCIPAL PERMITTED USE IS RESIDENTIAL, EXCLUDING LAND:

(1) (I) DEDICATED FOR PUBLIC USE BY EASEMENT IN PERPETUITY
OR FEE ACQUISITION FOR:

(I) CONSERVATION USE, WHICH INCLUDES AREAS SET ASIDE AS A
BUFFER AREA ADJOINING A STREAM. WETLAND. OR WATER-WAY; OR

(II) DEDICATED RECREATIONAL USE:

(2) SUBJECT TO AN AGRICULTURAL EASEMENT UNDER § 2-508 OF THE
AGRICULTURE ARTICLE;

(3) SUBJECT TO AN AGRICULTURAL EASEMENT UNDER A COUNTY
AGRICULTURAL LAND PRESERVATION PROGRAM CERTIFIED UNDER § 5-408 OF THE
STATE FINANCE AND PROCUREMENT ARTICLE; OR

(4) USED FOR CEMETERY PURPOSES;

(5) IDENTIFIED BY A LOCAL GOVERNMENT AS:

(I) 1. STREAMS AND THEIR BUFFERS:

2. 100-YEAR FLOOD PLAINS;

3. HABITATS OF THREATENED AND ENDANGERED SPECIES:

AND

4. STEEP SLOPES; AND

(II) ON WHICH DEVELOPMENT IS PROHIBITED BY LOCAL LAW OR
ORDINANCE; OR

(6) IDENTIFIED BY A LOCAL GOVERNMENT AS DELINEATED NONTIDAL
WETLANDS ON WHICH DEVELOPMENT IS PROHIBITED BY STATE OR LOCAL LAW OR
ORDINANCE.

5-7B-03. 5-7B-04.

NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW THAT MAY BE
INCONSISTENT WITH THIS SUBTITLE, AND

(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, BEGINNING
OCTOBER 1, 1998, THE STATE MAY NOT PROVIDE FUNDING FOR A
GROWTH-RELATED PROJECT IF THE PROJECT IS NOT LOCATED WITHIN A STATE
PRIORITY FUNDING AREA

(B) THIS SUBTITLE MAY NOT BE CONSTRUED TO CREATE AN ENTITLEMENT
TO, OR OTHERWISE REQUIRE FUNDING OF A GROWTH-RELATED PROJECT
PROPOSED IN A PRIORITY FUNDING AREA.

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IN A
PRIORITY FUNDING AREA ESTABLISHED UNDER § 5-7B-03 OF THIS SUBTITLE IN

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