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(a) A building permit must not be issued for any structure or any alteration of an existing structure:
(1) On land which lies within the floodplain covered by the 100-year flood, as defined in Section 19-36, of any stream or drainage course, or on land which the Director finds to be unsafe for development use because it is subject to flooding, erosion, unstabilized slope or fill within the danger reach of a high hazard dam, or otherwise located in a situation that causes unsafe building conditions; or
(2) In violation of a residential building restriction line placed on a recorded subdivision plat under the subdivision law, except that a building permit may be issued for fences, public utilities, recreation and agricultural uses, and for reconstruction, repair, or improvement of single family dwellings located within any floodplain covered by the 100-year flood as defined in Section 19-36.
(b) No part of any on-site sewage disposal system may be located within the floodplain covered by the 100-year flood as defined in section 19-36. (1975 L.M.C., ch. 1, § 3; 1989 L.M.C., ch. 39, § 1; 1992 L.M.C., ch. 33, § 1.)
Editor's note-Res. No. 9-280, introduced and adopted on June 19, 1979, recognized the authority of the Maryland Department of Natural Resources to regulate construction within the 100-year floodplain.
(a) In this Section, fire sprinkler system means equipment that includes 1 or more devices that:
1. open automatically by operation of a heat-responsive releasing mechanism;
2. discharge water in a specific pattern over a designated area to extinguish or control fire;
3. use the same service water supply pipe to the building that the domestic water system uses;
4. meet the requirements of current National Fire Protection Association standards as modified by the Director of Fire and Rescue Services; and
5. are approved by the Director of Fire and Rescue Services.
(b) The County must not issue a building permit for the construction or reconstruction of any residential building unless the plans include the installation in each dwelling unit and any attached accessory structure of a fire sprinkler system.
(c) The County Executive must issue regulations to implement this Section. The regulations may authorize the Director to approve the use of specific construction alternatives that provide equivalent or greater protection of the public in residential buildings in which fire sprinkler systems will be installed.
(d) After inspection and final approval of a fire sprinkler system required under this Section, the inspector must provide to the initial occupant of the dwelling unit written information approved by the Fire Administrator about the proper care and maintenance of a residential fire sprinkler system. If the dwelling unit has never been occupied, the builder or other current owner must not accept payment or rent for the unit until the inspector has transmitted this fire sprinkler information to the initial occupant. The Fire Administrator must make the information widely available to residents who purchase or lease a previously occupied unit with an installed fire sprinkler system, and other County residents. (1987 L.M.C., ch. 8, § 1; 1990 L.M.C., ch. 24, § 1; 2003 L.M.C., ch. 23, § 1.)
Editor's note—2003 L.M.C., ch. 23, § 2, states: Transition. The amendments to Section 8-29A of the Code made by this Act apply to residential building permits issued on or after January 1, 2004.
Section 8-29A was repealed by 1980 L.M.C., ch. 45, § 1. Subsequently, 1987 L.M.C., ch. 8, § 1, added a new § 8-29A. Section 2 of 1990 L.M.C., ch. 24, reads as follows:
(a) § 8-29A(d), as added by Section 1, applies to any detached single-family dwelling unit for which an application for a building permit is filed on or after July 1, 1990.
(b) § 8-29A(b), as amended by Section 1, applies to any group home for which an application for a building permit is filed on or after July 1, 1990.
(c) The builder must install a fire sprinkler system that complies with § 8-29A(e), as added by Section 1, in any primary sales model detached single-family dwelling unit which is shown to prospective buyers for sales purposes on or after July 1, 1990.
(a) The Director must not issue a building permit for any detached one- or two-family residential building located on a recorded lot smaller than 15,000 square feet, or a permit for any addition to such a residential building that would increase the building lot coverage by more than 400 square feet, unless the plans provide for safe conveyance or control of any increased water runoff, resulting from additional impervious area or any other topographic alteration, that would drain onto any adjacent or nearly private property.
(b) In this Section, approved drainage system means any method of safe conveyance from the property or storage on the property of on-site water runoff at the design rate specified in subsection (c), using one or more of the following methods or devices or any other method or device approved by the Director that would provide equivalent or greater protection of adjacent and nearby properties:
(1) on-site absorption or drainage device, such as rain barrel, cistern with slow release or controlled pump discharge, underground percolation and storage system, rain garden, rooftop garden or detention device, bioretention filter, or vegetation buffer;
(2) existing or new drainage facility, such as drainage interceptor, inlet, trench, permeable paved area, or similar feature;
(3) drainage line, inlet or pipe, or other engineered feature such as a swale or ditch; or
(4) natural topography or buffer area that successfully absorbs water drainage.
(c) Each approved drainage system must be designed to convey or control at least 1.5 inches of rainfall during a 24-hour period.
(d) After the approved drainage system is installed, the permittee must certify to the Director that the system:
(1) has been installed as provided in the plans approved by the Director; and
(2) will convey or control the water runoff specified in subsection (c) without impacting adjacent or nearby private properties.
(e) The permittee and the permittee’s successors in interest must preserve and maintain each approved drainage system to the extent necessary to provide the same level of protection for adjacent and nearby properties. The permittee and the permittee’s successors in interest must obtain the Director’s approval before materially modifying any element of an approved drainage system. The Director may require a permittee to record an easement in the County land records for any approved drainage system to assure the continued preservation and maintenance of that system. (2006 L.M.C., ch. 37, § 1.)
Editor’s note—2006 L.M.C., ch. 37, § 2, states, in part: County Code Section 8-29B, inserted by Section 1 of this Act, applies to any building for which an application for a building permit is filed on or after that date.
Notes
| 1 | *Editor's note-Article IV; §§ 8-30 — 8-42, relating to licensing of building contractors, was repealed by 1986 L.M.C., ch. 49, § 2. The article was previously derived from 1969 L.M.C., ch. 12, § 1; 1972 L.M.C., ch. 16, § 5; 1975 L.M.C., ch. 1, § 4; 1977 L.M.C., ch. 28, § 4; 1981 L.M.C., ch. 47, §§ 1--4; 1983 L.M.C., ch. 22, § 12; 1984 L.M.C., ch. 24, § 10; 1984 L.M.C., ch. 27, § 9. Subsequently, a new article, §§ 8-30--3-36, was added by § 2 of 1990 L.M.C., ch. 3, which was contingent upon passage of Subdivision Regulation 89-1. This regulation was adopted July 25, 1989. |
(a) Purpose. The purpose of this article is to avoid the premature development of land where public facilities, including transportation, are inadequate. It is intended to promote better timing of development with the provision of adequate public facilities.
(b) Definitions. In this article, the following words and phrases have the meanings stated, unless the context clearly indicates otherwise.
(1) Development means proposed work to construct, enlarge, or alter a building for which a building permit is required. Development does not include an addition to, or renovation or replacement of, an existing building if, as measured under guidelines adopted by the Planning Board for calculating numbers of vehicle trips and students:
(A) occupants of the building would generate fewer than 30 total peak hour vehicle trips; or, if they would generate more than 30 trips, the total number of trips would not increase by more than 5 over the number of trips generated by the building at full occupancy; and
(B) the number of public school students who will live in the building would not increase by more than 5 over the number of students generated by the building at full occupancy.
(2) Non-residential development means any development that does not contain only any type of dwelling or dwelling unit (including a multiple-family building, mobile home or townhouse) as defined in Section 59-A-2, and any extension, addition, or accessory building.
(3) Existing building means a building that is substantially intact when an application for a building permit for renovation, replacement, or reconstruction is filed.
(4) Renovation means an interior or exterior alteration that does not affect a building’s footprint.
(5) Replacement means demolition or partial demolition of an existing building and rebuilding that building. A replacement building may exceed the footprint of the previous building.
(6) Recorded lot means any parcel, lot, or other tract of land recorded as developable property among the County land records.
(7) Timely adequate public facilities determination means an adequate public facilities determination by the Planning Board that is required before a building permit is issued, or is within the time limits prescribed by law for the validity of an adequate public facilities determination, or both. (1990 L.M.C., ch. 3, § 2; 1996 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 2, § 2; 2006 L.M.C., ch. 5, § 1; 2010 L.M.C., ch. 39, § 1.)
(a) As provided in subsection (b), the Director may issue a building permit only if the Planning Board has made a timely determination that public facilities will be adequate to serve the proposed development encompassed by the permit application under:
(1) Chapter 50, if required;
(2) Chapter 59 for project plans or site plans, if required; or
(3) Section 8-32 for development if the Planning Board or its designee finds that a new adequate public facilities determination is required under this Article, Section 50-20, or other applicable law.
The work performed after the permit is issued must conform to the uses and amount of development for which the adequacy of public facilities was reviewed.
(b) Applicability. This Article applies to each applicant for a building permit on a recorded lot for which no valid finding of adequate public facilities has been made, including any recorded lot for which an original finding of adequate public facilities has expired. (1990 L.M.C., ch. 3, § 2; 1996 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 2, § 2; 2006 L.M.C., ch. 5, § 1.)
Editor’s note—2006 L.M.C., ch. 5, § 2, states: Transition. Any replacement building for which a site plan application was accepted by the Planning Board before this Act became law [April 3, 2006] need not comply with the requirements of Section 8-31, as amended by Section 1 of this Act, for a timely adequate public facilities determination if: (a) the building was not required to obtain that determination before this Act took effect [July 3, 2006]; and (b) the replacement building would be less than 1,000 square feet larger than the building it would replace.
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