§ 9-514. Exceptions to county plan in Harford County

MD Env Code § 9-514 (2019) (N/A)
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(a)    (1)    If the Harford County governing body does not approve and incorporate in its county plan all or part of the subsidiary plans of each town, municipal corporation, and sanitary district in Harford County, the Harford County governing body shall send to the Department a written notice of:

(i)    This action; and

(ii)    The specific reasons for this action.

(2)    If the Harford County governing body or the governing body of a town, municipal corporation, or sanitary district in Harford County requests, the Department may:

(i)    Arbitrate the dispute; and

(ii)    Decide whether to approve and incorporate all or part of this subsidiary plan in the Harford County plan.

(b)    In Harford County, except as provided in subsection (c) of this section, a building permit or a zoning permit may not be issued for a new subdivision in an area where a community water supply system or a community sewerage system is scheduled to be built within 10 years under the county plan, unless there is a county approved water supply system and a county approved sewerage system for the subdivision.

(c)    On their unanimous consent, the Harford County Health Officer, the Director of Planning and Zoning for Harford County, and the Director of Public Works for Harford County may recommend a waiver to the County Executive for his approval from the provisions of subsection (b) of this section if:

(1)    Any lot created is a residential lot with a minimum size of 60,000 square feet;

(2)    A septic reserve area with a minimum size of 20,000 square feet is established and recorded on the final plan;

(3)    The subdivision site is shown in the comprehensive water and sewer plan for the 5-year to 10-year construction category;

(4)    The responsible agencies conclude that the failure to install an approved sewerage collection system at the subject time on the subject property is not detrimental to the overall county water and sewer system; and

(5)    The subdivision site and all the lots in the subdivision site meet other local guidelines to include applicable health, environmental, and physical characteristics including, but not limited to:

(i)    Minimum lot width at building line of 150 feet;

(ii)    Maximum slope in septic reserve area of 15 percent;

(iii)    Percolation rate between 2 and 20 minutes; and

(iv)    Soils within septic reserve areas with slight to moderate limitations for homes with septic systems.

(d)    Before adopting any amendment or revision to the county water and sewer plan, the Harford County governing body shall determine whether a subdivision site or lot that has been granted a waiver under subsection (c) of this section shall be included in the amended or revised county plan.

(e)    In the planning for water supply systems, sewerage systems, and solid waste disposal systems in its county plan, the Harford County governing body shall consider estimates of population density for Harford County.