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Hampstead City Zoning Code

ARTICLE XXIX

Major Subdivisions in R-120,000 Districts

§ 135-251 Approval.

A major subdivision of land for residential purposes in any R-120,000 District may be approved by the Commission as permitted in §§ 135-32E and 135-52D subject to § 135-23 of this chapter and the following provisions.

§ 135-252 Purpose and intent.

The Commission finds that a portion of the police power of the State of Maryland has been delegated to each county, to be exercised reasonably in determining the manner and nature of development within each county. The Maryland General Assembly has given much discretion to the several counties in making such determinations, relying on the local jurisdiction's knowledge of local conditions and the needs of its people and communities. The Maryland General Assembly has further created numerous state departments and agencies to provide consultation, advice, data and other similar forms of assistance in the furtherance of establishing comprehensive policies on which to base local county planning decisions for the general good and welfare. Development pressures, caused by a myriad of complex social and economic factors which transcend county lines (i.e., population shifts, sewer moratoriums, accelerating inflation of land values and other phenomena), are bringing increasing numbers of families into Carroll County, necessitating the provision of additional public schools; solid waste disposal sites; water, sewerage and storm drainage facilities; roads and associated facilities; police, fire and related emergency-service-type facilities; primary health care facilities; open space, floodplain management and sediment control measures; and the increasing need for maintaining a stable tax base. In recognition of the fundamental difference between the diverse and unlimited "wants" of a growing community of people, and those "needs" which are inherently limited (i.e., land, air and water resources), it is imperative that plans, policies and decisions, insofar as it is humanly possible, be weighed and ordered; first, in consideration of the fundamental "needs" and, secondly, in consideration of the priority of "wants" which ultimately involve the direct or indirect expenditure of limited public funds.

§ 135-253 Conditions of approval.

The following provisions, therefore, are set forth in planning for the continued orderly development of Carroll County and in the pursuit of these objectives: In designating a tract(s) or area(s) suitable for a major subdivision of land for residential purposes in any R-120,000 District, the Commission shall, pursuant to authority granted by Article 66B of the Annotated Code of Maryland, the Carroll County Zoning Ordinance and the Subdivision Regulations of Carroll County, in addition to any other applicable ordinances or regulations, require that adequate provision(s) be incorporated in and made a part of any conditions of any approval to ensure the integrity and orderly use of the county's natural resources as would promote the public necessity, health, safety, convenience, general welfare, environment and the county's financial ability to provide and/or receive essential community improvements, facilities and/or services. Such conditions of approval may include and ensure adequate provisions for such specific on- and off-site facilities and improvements as school sites; solid waste disposal sites; open space, floodplain management and sediment control measures; water, sewerage and storm drainage facilities; roads and associated facilities; and police, fire and related emergency-type facilities, including consideration for primary health care facilities. Whenever any one or a combination of the aforesaid facilities and/or improvements is deemed necessary to carry out the intent and purpose of the duly adopted Official Master Plan for Carroll County and the authority conveyed by Article 66B of the Annotated Code of Maryland, the Carroll County Zoning Ordinance, the Subdivision Regulations of Carroll County or any other applicable ordinances or regulations and where any one or a combination of the aforesaid facilities and/or improvements deemed necessary cannot be provided or assured, then the Commission shall either disapprove or defer designating those areas in question, in whole or in part, as suitable for a major subdivision of land for residential purposes until such time as those specific improvements and/or facilities deemed necessary can be adequately provided or assured.