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PARRIS N. GLENDENING, Governor
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Ch. 433
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(4) New intensely developed or limited development areas to be located
in the resource conservation area shall conform to all criteria of the Commission for
intensely developed or limited development 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 the resource conservation area in addition to the expansion allocated in
paragraph (3) of this subsection. A developer shall be required to cluster any
development in an area of expansion authorized under this paragraph.
(D) (1) THE GROWTH ALLOCATION FOR A LOCAL JURISDICTION BASED ON
5% OF THE TOTAL RESOURCE CONSERVATION AREA IN THE CHESAPEAKE BAY
CRITICAL AREA IN A LOCAL JURISDICTION IN THE CHESAPEAKE BAY CRITICAL AREA
UNDER SUBSECTION (C)(5) OF THIS SECTION SHALL BE UTILIZED WITHIN THE
CHESAPEAKE BAY CRITICAL AREA.
(2) THE GROWTH ALLOCATION FOR A LOCAL JURISDICTION BASED ON
5% OF THE TOTAL RESOURCE CONSERVATION AREA IN THE ATLANTIC COASTAL BAYS
CRITICAL AREA IN A LOCAL JURISDICTION IN THE ATLANTIC COASTAL BAYS
CRITICAL AREA UNDER (C)(5) OF THIS SECTION SHALL BE UTILIZED WITHIN THE
ATLANTIC COASTAL BAYS CRITICAL AREA.
(D) (1) SUBJECT TO THE CONDITIONS UNDER PARAGRAPHS (2) AND (3) OF
THIS SUBSECTION, IF A JURISDICTION HAS WITHIN ITS TERRITORIAL LIMITS AN
AREA THAT IS SUBJECT TO THE CHESAPEAKE BAY CRITICAL AREA PROGRAM AND AN
AREA THAT IS SUBJECT TO THE ATLANTIC COASTAL BAYS CRITICAL AREA PROGRAM,
THE GROWTH ALLOCATION FOR THAT JURISDICTION MAY BE UTILIZED WITHIN
EITHER CRITICAL AREA. AS THE JURISDICTION'S LOCAL PROGRAM CONSIDERS
APPROPRIATE.
(2) A LOCAL JURISDICTION'S PROGRAM MAY NOT UTILIZE THE GROWTH
ALLOCATION FROM ANOTHER CRITICAL AREA UNLESS THE GROWTH ALLOCATION
REMAINING IN EITHER CRITICAL AREA IS INSUFFICIENT TO ALLOW APPROVAL OF A
GROWTH ALLOCATION PROPOSAL ASSOCIATED WITH A PROGRAM AMENDMENT FOR
WHICH THE LOCAL PROGRAM SEEKS COMMISSION APPROVAL.
(3) A LOCAL JURISDICTION'S PROGRAM MAY NOT TRANSFER MORE
THAN 150 ACRES OF GROWTH ALLOCATION TO ANOTHER CRITICAL AREA.
[(d)] (E) In calculating the 1-in-20 acre density of development that is
permitted on a parcel located within the resource conservation area, a local
jurisdiction may permit the area of any private wetlands located on the property to be
included, under the following conditions;
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- 3261 -
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