§ 32-4-101. DEFINITIONS.

(a)

In general. In this title the following words have the meanings indicated.

(b)

Accessory structure.

(1)

"Accessory structure" means a building or other improvement to property that has a use or an intended use that is subordinate or customarily incidental to the use of the principal building on the same lot, parcel, or tract.

(2)

"Accessory structure" includes additions or modifications to the principal building.

(c)

Agricultural purpose. "Agricultural purpose" means any use of land that directly contributes to the production, processing, or storage of agricultural products.

(d)

Alley. "Alley" means a right-of-way that is:

(1)

20 feet or less in width for residential property and 26 feet or less for non-residential property and provides service access for vehicles to the side or rear of abutting property; and

(2)

Designated as an alley on either an unrecorded or recorded plat or dedicated as an alley by deed.

(e)

Applicant. "Applicant" means a person who is an owner, contract purchaser, or the legally authorized representative of an owner or contract purchaser requesting approval of development under this title.

(f)

Arterial street.

(1)

"Arterial street" means a motorway or portion of a motorway that:

(i)

Is intended for travel to or from major activity centers, such as town centers; and

(ii)

Is designed to give priority to traffic movement as opposed to providing direct access to land.

(2)

"Arterial street" does not include a freeway or an expressway.

(g)

Building. "Building" means a structure that is enclosed within exterior walls or firewalls for the shelter, support, or enclosure of persons, animals, or property of any kind.

(h)

Circulation.

(1)

"Circulation" means provision for the movement of people, goods, water, sewage, or power by means of streets, highways, railways, waterways, airways, pipes, conduit cables, or other means.

(2)

"Circulation" includes provision of facilities for transit, transportation, and communication.

(i)

Cluster subdivision.

(1)

"Cluster subdivision" means a residential development of land in a D.R. 5.5 zone involving the building of residential housing.

(2)

"Cluster subdivision" does not include a residential development with single-family detached, semi-detached, and two-family dwellings.

(j)

Collector street. "Collector street" means a street that:

(1)

Functions to conduct traffic between major arterial streets or activity centers;

(2)

Is a principal traffic artery within residential areas; and

(3)

May carry a relatively high volume of traffic.

(k)

Commercial development. "Commercial development" means the development of land for any purpose or use allowed as of right or by special exception in commercial zones in accordance with the Baltimore County Zoning Regulations.

(l)

Community input meeting. "Community input meeting" means an open meeting among representatives of the county, the applicant, owners of adjacent property, and representatives of local community associations or umbrella groups for the purpose of presenting and discussing concept plans and proposals.

(m)

Concept plan. "Concept plan" means a schematic plan that:

(1)

Is generally in compliance with county standards and drawn to an appropriate scale;

(2)

Outlines the major features of a proposed development; and

(3)

Is to be used as the basis for a community input meeting.

(n)

Cul-de-sac. "Cul-de-sac" means a local street that has only one outlet and an appropriate terminal for the safe and convenient reversal of traffic movement.

(o)

Delinquent account. "Delinquent account" means fees or costs certified by the Director of Budget and Finance as due and owing to the county by a person for any development.

(p)

Development. "Development" means:

(1)

The improvement of property for any purpose involving building;

(2)

The subdivision of property;

(3)

The combination of any two or more lots, tracts, or parcels of property for any purpose;

(4)

Subjecting property to the provisions of the Maryland Condominium Act; or

(5)

The preparation of land for any of the purposes listed in this subsection.

(q)

Development Plan. "Development Plan" means a written and graphic representation of a proposed development prepared in compliance with Subtitle 2 of this title.

(r)

Enhancement. "Enhancement" means the improvement or development of resource values resulting in a net increase of resource over existing conditions.

(s)

Environmental agreement. "Environmental agreement" means an agreement concerning an applicant's obligations required by the county, including:

(1)

Chesapeake Bay Critical Area Management;

(2)

Forest buffer protection;

(3)

Forest conservation;

(4)

Grading or erosion and sediment control;

(5)

Stormwater management; and

(6)

Wetland mitigation.

(t)

Final action. "Final action" on a Development Plan means:

(1)

The approval of a Development Plan as submitted;

(2)

The approval of a Development Plan with conditions; or

(3)

The disapproval of a Development Plan by the Hearing Officer in accordance with § 32-4-229 of this title.

(u)

Front building line. "Front building line" means a line beyond which the front foundation wall of a building may not project into the front yard as provided in the Baltimore County Zoning Regulations.

(v)

Hearing Officer. "Hearing Officer" means the Zoning Commissioner or the Deputy Zoning Commissioner.

(w)

Improvements.

(1)

"Improvements" means improvements as determined necessary and appropriate by the county.

(2)

"Improvements" includes:

(i)

Streets;

(ii)

Drains, bridges, and culverts;

(iii)

Sewers;

(iv)

Water lines;

(v)

Open space;

(vi)

Curbs and gutters;

(vii)

Sidewalks and paths;

(viii)

Streetlights;

(ix)

Landscaping;

(x)

Stormwater management facilities;

(xi)

Traffic-control devices;

(xii)

Telecommunications conduits; and

(xiii)

Other improvements as determined necessary and appropriate by the county.

(x)

Industrial development. "Industrial development" means the development of land for any purpose or use allowed as of right or by special exception in industrial zones in accordance with the Baltimore County Zoning Regulations.

(y)

Local street. "Local street" means a street that:

(1)

Carries traffic between collector streets and individual parcels of land; and

(2)

Primarily carries traffic to and from dwelling units to other streets.

(z)

Lot of record. "Lot of record" means a parcel of land:

(1)

With boundaries as shown on a plat prepared in accordance with an approved Development Plan and recorded in the land records of the county; and

(2)

Which is governed by the development and Baltimore County Zoning Regulations in effect on the date of the approval of the Development Plan.

(aa)

Minor development. "Minor development" means:

(1)

A development without a public works agreement;

(2)

A residential development with a public works agreement involving only road widening; or

(3)

A development in which the improvements are determined by the Director of Permits, Approvals and Inspections as minimal under § 32-4-304(e) of this title.

(bb)

Nontidal wetlands.

(1)

"Nontidal wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

(2)

The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the "U.S. Army Corps of Engineers Wetlands Delineation Manual" published in 1987 and as may be amended.

(cc)

Open space. "Open space" has the meaning stated in § 32-6-108(a)(5).

(dd)

Panhandle driveway. "Panhandle driveway" means the paved roadway that serves one or more abutting panhandle lots and provides vehicular access to the local street or to a collector street.

(ee)

Panhandle lot. "Panhandle lot" means a lot shaped and situated so that the only frontage or access to a local street or collector street is a narrow strip of land that:

(1)

Is held in-fee, except as provided in § 32-4-409 of this title; and

(2)

May contain a panhandle driveway, water and sewer lines, and other utilities.

(ff)

Party. "Party" means:

(1)

The applicant;

(2)

A owner of a property adjacent to the property which is the subject of a concept or Development Plan;

(3)

A local community association or umbrella group that meets the definition of person aggrieved or feeling aggrieved for the purposes of Subtitle 2, Part VIII of this title;

(4)

A representative of the county; or

(5)

A person known to the county to have personal or property rights that are specially and adversely affected by final action on a Development Plan in a manner different than that of the public generally.

(gg)

Performance security. "Performance security" means a letter of credit, cashier's check, or cash delivered to the county to assure performance and completion of the public improvements or private improvements required in this title.

(hh)

Person.

(1)

"Person" means an individual, partnership, all partners in a partnership, corporation, joint venture, all participants in a joint venture, trustee, personal representative or other legal entity.

(2)

"Person" does not include Baltimore County unless expressly stated in this title.

(ii)

Person aggrieved. "Person aggrieved" means a person:

(1)

Who is a participant in the community input meeting, the Development Plan conference, or the proceedings by the Hearing Officer under Subtitle 2 of this title; and

(2)

Whose personal or property rights are specially and adversely affected by final action on a Development Plan in a manner different than that of the public generally.

(jj)

Planned industrial park. "Planned industrial park" means an industrial development:

(1)

For which a Development Plan has been approved; and

(2)

Which is under common ownership or control.

(kk)

Plat. "Plat" means the graphic representation of a development prepared in accordance with the approved Development Plan for the purpose of recording in the land records of the county.

(ll)

Prime and productive soils.

(1)

"Prime and productive soils" means soil types defined as having agricultural capability by the U.S.D.A. Soil Survey of Baltimore County.

(2)

"Prime and productive soils" include class I, II, or III or woodland class 1 or 2 soils.

(mm)

Private improvements. "Private improvements" means improvements required by the county as a condition of development that are not intended to be dedicated to the county.

(nn)

Public improvement. "Public improvements" means improvements required by the county as a condition of development that are intended to be dedicated to the county in fee simple or by other interest in title.

(oo)

Public works agreement. "Public works agreement" means an agreement between the county and the applicant for the construction of public improvements or private improvements required by the county.

(pp)

Quarry.

(1)

"Quarry" means any open pit mine from which rock, stone, or minerals are extracted.

(2)

"Quarry" does not include a sand or gravel extraction operation.

(qq)

Reclamation plan. "Reclamation plan" means the written and graphic presentation of the proposed use of a quarry prepared in compliance with Subtitle 5 of this title.

(rr)

Reclamation property.

(1)

"Reclamation property" means the site of a legally operating quarry and all contiguous or adjacent property in common ownership.

(2)

"Reclamation property" includes property that may be separated by public streets and containing a minimum of 300 acres.

(ss)

Residential development. "Residential development" means the development of land for any purpose or use allowed as of right or by special exception in residential zones in accordance with the Baltimore County Zoning Regulations.

(tt)

Right-of-way improvement agreement. "Right-of-way improvement agreement" means an agreement concerning the installation or construction of all or part of the improvements required by the county.

(uu)

Scenic viewshed. "Scenic viewshed" means a scenic route or scenic view as designated in the Master Plan.

(vv)

Scenic viewshed elements. "Scenic viewshed elements" means those visual elements, as identified by the Planning Board, of a scenic viewshed which are of a quality, character, and nature to cause the Board to designate that scenic viewshed in the Master Plan.

(ww)

Steep slope. "Steep slope" means an area where the natural grade is 25% or greater.

(xx)

Street "Street" means:

(1)

(i)

A street, avenue, boulevard, road, lane, parkway, freeway, viaduct, bridge, or other way, which is an existing state or county highway; or

(ii)

A street or way shown on a plat duly filed and recorded in the Office of the Clerk of the Circuit Court for the county.

(2)

"Street" includes:

(i)

The land between the street right-of-way lines, whether improved or unimproved; and

(ii)

The pavements, shoulders, curbs and gutters, sidewalks, parking areas, and other areas within the street right-of-way lines.

(yy)

Subdivision. "Subdivision" means:

(1)

The division of property into two or more lots; or

(2)

The combination of lots, parcels, tracts, or other units of property previously divided for the purpose, whether immediate or future, of sale, rental, or building development.

(zz)

Tidal wetland. "Tidal wetland" means:

(1)

All state and private tidal wetlands, marshes, submerged aquatic vegetation, lands, and open water affected by the daily and periodic rise and fall of the tide within the Chesapeake Bay and its tributaries; and

(2)

Additional tidal wetlands identified through site inspection by the Department of Environmental Protection and Sustainability that are subject to the daily and periodic rise and fall of the tide.

(aaa)

Utility agreement. "Utility agreement" means an agreement concerning the installation or construction of all or part of the improvements required by the county.

(bbb)

Substantial construction. "Substantial construction" means actual construction activity occurring on the ground or building site for which a Development Plan or plat has been approved that is directly related to the approved Plan or plat and is sufficiently substantive and visible and is being pursued to completion with reasonable diligence so as to put the public on notice that the ground or site is being devoted to the construction of a facility or structure.

(ccc)

Vested. The term "vested" or "vesting" is a protected status conferred on a Development Plan. A vested Development Plan shall proceed in accordance with the approved Plan and the laws in effect at the time Plan approval is obtained. A property owner, developer or applicant obtains vested rights for a Development Plan in accordance with § 32-4-264 of this title.

(ddd)

Non-residential Plan. "Non-residential Plan" means a Plan of Development in which the dominant element of the Plan is (1) a commercial development, (2) an industrial development, or (3) a senior housing, assisted living, life care, continuing care or elderly housing facility, church, school, or other institutional use.

(1988 Code, § 26-168) (Bill No. 172, 1989, § 2, 11-26-1990; Bill No. 1, 1992, § 2, 3-2-1992; Bill No. 173-93, § 3, 11-17-1993; Bill No. 8-96, § 3, 3-23-1996; Bill No. 49-96, § 15, 7-1-1996; Bill No. 38-98, § 4, 6-20-1998; Bill No. 79-01, § 2, 7-1-2004; Bill No. 121-01, § 3, 1-29-2002; Bill No. 75-03, §§ 6, 7, 8, 7-1-2004; Bill No. 42-05, § 1, 5-15-2005; Bill No. 24-06, § 2, 3-17-2006; Bill No. 58-09, § 1, 8-17-2009; Bill No. 122-10, §§ 12, 30, 1-16-2011; Bill No. 72-12, § 1, 1-9-2013; Bill No. 73-16 , §§ 1, 3, 11-21-2016)

Editor's note:

  Section 3 of Bill No. 24-06 provides that this Act shall apply to any development, subdivision, parcel of land, or plat which received any form of approval from Baltimore County prior to the effective date of this Act as follows:

   (a) A Development Plan or plat that vested in accordance with the law in effect prior to the effective date of this Act is subject to the zoning regulations and development regulations in effect at the time the Plan or plat was approved, if those regulations were not otherwise subsequently abrogated or superseded by other law; however, with respect to a material amendment to the Plan or plat, the provisions of § 32-4-262 shall apply.

   (b) An unexpired Development Plan or plat that was approved prior to the effective date of this Act, but not yet vested, shall have four years from the effective date of this Act to achieve substantial construction, as defined in this Act. The Plan or plat shall be in compliance with the zoning regulations and development regulations in effect at the time of the original approval, or any extension properly granted under § 32-4-261(b), if those regulations where not otherwise subsequently abrogated or superseded by other law. Upon the failure to achieve substantial construction or to obtain an extension within the four-year period, the Plan or plat shall be deemed to be expired.

  Section 4 of Bill No. 24-06 provides that this Act is adopted independently of Section 103 of the Baltimore County Zoning Regulations so that it supersedes and abrogates the rights to the vesting of a development that would otherwise accrue from the zoning or development regulations or other county laws.

  Section 5 of Bill No. 24-06 provides that this Act does not apply to any Development Plan for which a Hearing Officer's hearing was commenced prior to March 17, 2006 or to any request accepted for filing prior to March 17, 2006 for a material amendment to a previously approved plan.

  Section 6 of Bill No. 58-09 provides that this Act shall apply to any development, subdivision, parcel of land, or plat which received any form of approval from Baltimore County prior to the effective date of this Act [August 17, 2009] as follows:

   (a) An unexpired residential Development Plan that was approved prior to the effective date of this Act, but not yet vested in accordance with the law in effect prior to the effective date of this Act, may acquire vested status in accordance with the provisions of this Act. If the Plan vests within four years from the effective date of this Act, the vested status shall date from the effective date of this Act for a period of nine years.

   (b) A residential Development Plan for which an unexpired plat was recorded or vested prior to the effective date of this Act shall be vested for a period of nine years dating from the effective date of this Act.

   (c) Any amendment to a residential Plan, or any application for further development of an unexpired residential Development Plan or plat that was approved prior to the effective date of this Act, or any part thereof, whether vested or not, shall be processed by the county in accordance with the provisions of Article 32, Title 4, of the County Code. Any prior process for residential development approval that was utilized under prior enactments of the development regulations or the zoning regulations, or any administrative interpretation(s) thereof, including any written county authorizations expressing such interpretations, is no longer valid. This subsection does not apply to an amendment accepted for filing prior to July 6, 2009 or to an amendment to a planned unit development if the development was approved prior to 1990.

  Section 7 of Bill No. 58-09 provides that this Act is adopted independently of Section 103 of the Baltimore County Zoning Regulations so that it supersedes and abrogates the rights to the vesting or processing of a development that would otherwise accrue from any provision of the zoning or development regulations or any other county laws or administrative interpretations thereof.