Articles

Greensboro Town Charter

Aug 22 2012

PREFACE

The Town of Greensboro has, over the years, passed through a process of legislative change common to many American communities. While only a few simple laws were necessary at the time of the establishment of the town, subsequent growth of the community, together with the complexity of modem life, has created the need for new and more detailed legislation for the proper function and government of the town. The recording of local law is an aspect of municipal history, and as the community develops and changes, review and revision of old laws and consideration of new laws, in the light of current trends, must keep pace. The orderly collection of these records is an important step in this ever-continuing process. Legislation must be more than mere chronological enactments reposing in the pages of old records. It must be available and logically arranged for convenient use and must be kept up-to-date. It was with thoughts such as these in mind that the Town Council ordered the following codification of the town's legislation.

Contents of Code

The various chapters of the Code contain all currently effective legislation of a general and permanent nature enacted by the Town Council of the Town of Greensboro, including revisions or amendments to existing legislation deemed necessary by the Town Council in the course of the codification.

Division of Code

The Code is divided into two major divisions. The first division includes the Charter of the town. The second division includes all legislation of a general and permanent nature as Parts I and H. Part 1, Administrative Legislation, contains all town legislation of an administrative nature, such as that dealing with the administration of government, that establishing or regulating municipal departments and that affecting officers and employees of the municipal government and its departments. Part 11, General Legislation, contains all other town legislation of a regulatory nature. Items of legislation in this part generally impose penalties for violation of their provisions, whereas those in Part I do not.

Grouping of Legislation and Arrangement of Chapters

The various items of legislation are organized into chapters, their order being an alphabetical progression from one subject to another. Wherever there are two or more items of legislation dealing with the same subject, they are combined into a single chapter. Thus, for example, all legislation pertaining to the regulation of streets and sidewalks may be found in Part 11, in the chapter entitled "Streets and Sidewalks." In such chapters, use of Article or Part designations has preserved the identity of the individual items of legislation.

Table of Contents

The Table of Contents details the alphabetical arrangement of material by chapter as a means of identifying specific areas of legislation. Wherever two or more items of legislation have been combined by the editor into a single chapter, titles of the several Articles or Parts are listed beneath the chapter title in order to facilitate location of the individual item of legislation.


i
 
Reserved Chapters

Space has been provided in the Code for the convenient insertion, alphabetically, of later enactments. In the Table of Contents such space appears as chapters entitled "(Reserved)." In the body of the Code, reserved space is provided by breaks in the page-numbering sequence between chapters.

Pagination

A unique page-numbering system has been used, in which each chapter forms an autonomous unit. One hundred pages have been allotted to each chapter, and the first page of each is the number of that chapter followed by the numerals "0l." Thus, Chapter 6 begins on page 601, Chapter 53 on page 5301, etc. By use of this system, it is possible to add or to change pages in any chapter without affecting the sequence of subsequent pages in other chapters, and to insert new chapters without affecting the existing organization.

In the event that a piece of legislation requires more than one hundred pages, the page numbering will run over into the subsequent chapters. For example, if Zoning legislation is one hundred fifty pages long, the Zoning could be designated as Chapter 125, beginning with the usual pages 12501 through 12599, then continuing with pages 12600 through 12650. The Table of Contents would reflect Chapter 126 as "Zoning (continued)."

Because of this system of page numbering, some chapter numbers may not be available for use during supplementation. In the above example, for instance, a new piece of legislation could not be added as Chapter 126 because the new material would duplicate page numbers already used in the Zoning Chapter. Consult the Table of Contents to determine whether a chapter number is available.

Numbering of Sections

A chapter-related section-numbering system is employed, in which each section of every item of legislation is assigned a number which indicates both the number of the chapter in which the legislation is located and the location of the section within that chapter. Thus, the first section of Chapter 6 is § 6-1, while the fourth section of Chapter 53 is § 53-4. New sections can then be added between existing sections using a decimal system. Thus, for example, if two sections were to be added between §§ 53-4 and 53-5, they would be numbered as §§ 53-4.1 and 53-4.2.

Scheme

The Scheme is the list of section titles which precedes the text of each chapter. These titles are carefully written so that, taken together, they may be considered as a summary of the content of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the Scheme titles are repeated as section headings in the text.

Histories

At the end of the Scheme in each chapter is located the legislative history for that chapter. This History indicates the specific legislative source from which the chapter was derived, including the enactment number (e.g., ordinance number, local law number, bylaw number, resolution number,
 
etc.), if pertinent, and the date of adoption. In the case of chapters containing Parts or Articles derived from more than one item of legislation, the source of each Part or Article is indicated in the History. Amendments to individual sections or subsections are indicated by histories where appropriate in the text.

Codification Amendments and Revisions

New chapters adopted during the process of codification are specifically enumerated in chapter Histories with reference to "Ch. 1, General Provisions," where the legislation adopting this Code and making such revisions will appear after final enactment. Sections amended or revised are indicated in the text by means of Editor's Notes referring to the chapter cited above.



General Reference; Editor's Notes

In each chapter containing material related to other chapters in the Code, a table of General References is included to direct the reader's attention to such related chapters. Editor's Notes are used in the text to provide supplementary information and cross-references to related provisions in other chapters.

Appendix

Certain forms of local legislation are not of a nature suitable for inclusion in the main body of the Code but are of such significance that their application is community-wide or their provisions are germane to the conduct of municipal government. The Appendix of this Code is reserved for such legislation and for any other material that the community may wish to include.

Disposition List

The Disposition List is a chronological listing of legislation adopted since the publication of the Code, indicating its inclusion in the Code or the reason for its exclusion. The Disposition List will be updated with each supplement to the Code to include the legislation reviewed with said supplement.

Index

The Index is a guide to information. Since it is likely that this Code will be used by persons without formal legal training, the Index has been formulated to enable such persons to locate a particular section quickly. Each section of each chapter has been indexed. The Index will be supplemented and revised from time to time as new legislation is added to the Code.

Instructions for Amending the Code

All changes to the Code, whether they are amendments, deletions or complete new additions, should be adopted as amending the Code. In doing so, existing material that is not being substantively altered should not be renumbered. Where new sections are to be added to a chapter, they can be added at the end of the existing material (continuing the numbering sequence) or inserted between existing sections as decimal numbers (e.g., a new section between §§ 45-5 and
45-6 should be designated § 45-5.1). New chapters should be added in the proper alphabetical
 
sequence in the appropriate division or part (e.g., Part 1, Administrative Legislation, or Part U, General Legislation), utilizing the reserved chapter numbers. New chapter titles should begin with the key word for the alphabetical listing (e.g., new legislation on abandoned vehicles should be titled "Vehicles, Abandoned" under "V" in the table of contents, and a new enactment on coin- operated amusement devices should be "Amusement Devices" or "Amusement Devices, Coin- Operated" under "A" in the table of contents). Where a reserved number is not available, an "A" chapter should be used (e.g., a new chapter to be included between Chapters 45 and 46 should be designated Chapter 45A). The Table of Contents should always be consulted before designating a new chapter number (see the notes under "Pagination" above). New Articles may be inserted between existing Articles in a chapter (e.g., adding a new district to the Zoning Regulations) by
the use of "A" Articles (e.g., a new Article to be included between Articles XVI and XVII should be designated Article XVIA). The section numbers would be as indicated above (e.g., if the new Article XVIA contains six sections and existing Article XVI ends with § 45-30 and Article XVII begins with § 45-31, Article XVIA should contain §§ 45-30.1 through 45-30.6).

Supplementation

Supplementation of the Code will follow the adoption of new legislation. New Legislation or amendments to existing legislation will be included and repeals will be indicated as soon as possible after passage. Supplemental pages should be inserted as soon as they are received and old pages removed, in accordance with the Instruction Page which accompanies each supplement.

Acknowledgment

The assistance of the town officials is gratefully acknowledged by the editor. The codification of the legislation of the Town of Greensboro reflects an appreciation of the needs of a progressive and expanding community. As in many other municipalities, officials are faced with fundamental changes involving nearly every facet of community life. Problems increase in number and complexity and range in importance from everyday details to crucial areas of civic planning. As Samuel Johnson observed, "The law is the last result of human wisdom acting upon human experience for the benefit of the public."
 
TABLE OF CONTENTS THE CHARTER
CHAPTER    PAGE

Charter .........................................................................................................................................C1
THE CODE PART I
ADMINISTRATIVE LEGISLATION

1.    General Provisions ............................................................................................................ 101
Article I    Adoption of Code
Article II    Definitions: General Penalty

2. (Reserved) ............................................................................................................................... 201

3. (Reserved) ............................................................................................................................... 301

4. (Reserved) .............................................................................................................................. 401

5. (Reserved) .............................................................................................................................. 501

6. Ethics, Code of ...................................................................................................................... 601

7. (Reserved) .............................................................................................................................. 701

8. (Reserved) .............................................................................................................................. 801

9. (Reserved) .............................................................................................................................. 901

10. (Reserved) .......................................................................................................................... 1001

11. (Reserved) .......................................................................................................................... 1101

12. (Reserved) .......................................................................................................................... 1201

13. (Reserved) .......................................................................................................................... 1301

14. (Reserved) .......................................................................................................................... 1401

15. (Reserved) .......................................................................................................................... 1501

16. (Reserved) ........................................................................................................................... 1601
 

17. (Reserved) .......................................................................................................................... 1701

18. Officers and Employees ................................................................................................... 1801
Article I  Police Commissioner

19. (Reserved) .......................................................................................................................... 1901

20. (Reserved) .......................................................................................................................... 2001

21. (Reserved) .......................................................................................................................... 2101

22. (Reserved) .......................................................................................................................... 2201

23. (Reserved) .......................................................................................................................... 2301

24. (Reserved) .......................................................................................................................... 2401

25. (Reserved) .......................................................................................................................... 2501

26. (Reserved) .......................................................................................................................... 2601

27. Police Department ............................................................................................................ 2701
Article I Police Mutual Aid

28. (Reserved) .......................................................................................................................... 2801

29. (Reserved) .......................................................................................................................... 2901

30. (Reserved) .......................................................................................................................... 3001

31. (Reserved) .......................................................................................................................... 3101

32. (Reserved) .......................................................................................................................... 3201

33. Utilities Board................................................................................................................... 3301

34. (Reserved) .......................................................................................................................... 3401

35. (Reserved) .......................................................................................................................... 3501

36. (Reserved) .......................................................................................................................... 3601

37. Voting, Absentee...............................................................................................................  3701

38. (Reserved) .......................................................................................................................... 3801
 

39. (Reserved) .......................................................................................................................... 3901

40. (Reserved) .......................................................................................................................... 4001

41. (Reserved) .......................................................................................................................... 4101

PART II GENERAL LEGISLATION

42. (Reserved) .......................................................................................................................... 4201

43. Alcoholic Beverages ......................................................................................................... 4301

44. (Reserved) .......................................................................................................................... 4401

45. (Reserved) .......................................................................................................................... 4501

46. (Reserved) .......................................................................................................................... 4601

47. Animals ............................................................................................................................. 4701

48. (Reserved) .......................................................................................................................... 4801

49. (Reserved) .......................................................................................................................... 4901

50. (Reserved) .......................................................................................................................... 5001

51. (Reserved) .......................................................................................................................... 5101

52. (Reserved) .......................................................................................................................... 5201

53. Bicycles, Minibikes and Similar Vehicles....................................................................... 5301
Article I General Provisions
Article II Minibikes

54. (Reserved) .......................................................................................................................... 5401

55. (Reserved) .......................................................................................................................... 5501

56. (Reserved) .......................................................................................................................... 5601

57. Building Construction...................................................................................................... 5701
Article I
Article II Adoption of Standards
Article III Mobile Homes
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58. (Reserved) .......................................................................................................................... 5801

59. (Reserved) .......................................................................................................................... 5901

60. (Reserved) .......................................................................................................................... 6001

61. Business Licenses.............................................................................................................. 6101

62. (Reserved) .......................................................................................................................... 6201

63. (Reserved) .......................................................................................................................... 6301

64. (Reserved) .......................................................................................................................... 6401

65. (Reserved) .......................................................................................................................... 6501

66. Cable Television Rates ..................................................................................................... 6601

67. (Reserved) .......................................................................................................................... 6701

68. (Reserved) .......................................................................................................................... 6801

69. (Reserved) .......................................................................................................................... 6901

70. Curfew ............................................................................................................................... 7001

71. (Reserved) .......................................................................................................................... 7101

72. (Reserved) .......................................................................................................................... 7201

73. (Reserved) .......................................................................................................................... 7301

74. (Reserved) .......................................................................................................................... 7401

75. (Reserved) .......................................................................................................................... 7501

76. Fences ................................................................................................................................ 7601

77. (Reserved) .......................................................................................................................... 7701

78. (Reserved) .......................................................................................................................... 7801

79. (Reserved) .......................................................................................................................... 7901

80. Fire Prevention ................................................................................................................. 8001
 

81. (Reserved) .......................................................................................................................... 8101

82. (Reserved) .......................................................................................................................... 8201

83. (Reserved) .......................................................................................................................... 8301

84. Floodplain Management .................................................................................................. 8401

85. (Reserved) .......................................................................................................................... 8501

86. (Reserved) .......................................................................................................................... 8601

87. (Reserved) .......................................................................................................................... 8701

88. Forest Conservation .......................................................................................................... 8801

89. (Reserved) .......................................................................................................................... 8901

90. (Reserved) .......................................................................................................................... 9001

91. (Reserved) .......................................................................................................................... 9101

92. (Reserved) .......................................................................................................................... 9201

93. Hunting and Firearms ..................................................................................................... 9301

94. (Reserved) .......................................................................................................................... 9401

95. Impact Fees ........................................................................................................................ 9501

96. (Reserved) .......................................................................................................................... 9601

97. (Reserved) .......................................................................................................................... 9701

98. (Reserved) .......................................................................................................................... 9801

99. Littering ............................................................................................................................ 9901
 

104. (Reserved) ...................................................................................................................... 10401

105. Noise .............................................................................................................................. 10501

106. (Reserved) ...................................................................................................................... 10601

107. (Reserved) ...................................................................................................................... 10701

108. (Reserved) ...................................................................................................................... 10801

109. (Reserved) ...................................................................................................................... 10901

110. (Reserved) ...................................................................................................................... 11001

111. Occupancy Permits ......................................................................................................  11101

112. (Reserved) ...................................................................................................................... 11201

113. (Reserved) ...................................................................................................................... 11301

114. (Reserved) ...................................................................................................................... 11401

115. (Reserved) ...................................................................................................................... 11501

116. (Reserved) ...................................................................................................................... 11601

117. Peddling and Soliciting ................................................................................................ 11701

118. (Reserved) ...................................................................................................................... 11801

119. (Reserved) ...................................................................................................................... 11901

120. (Reserved) ...................................................................................................................... 12001

121. Property Maintenance ................................................................................................. 12101

122. (Reserved) ...................................................................................................................... 12201

123. (Reserved) ...................................................................................................................... 12301

124. (Reserved) ...................................................................................................................... 12401

125. (Reserved) ...................................................................................................................... 12501

126. (Reserved) ...................................................................................................................... 12601
 

127. Solid Waste ................................................................................................................... 12701
Article I Refuse Disposal Charges

128. (Reserved) ...................................................................................................................... 12801

129. (Reserved) ...................................................................................................................... 12901

130. (Reserved) ...................................................................................................................... 13001

131. Stormwater Management ............................................................................................ 13101

132. Streets and Sidewalks .................................................................................................. 13201

133. (Reserved) ...................................................................................................................... 13301

134. (Reserved) ...................................................................................................................... 13401

135. Subdivision of Land ..................................................................................................... 13501

136. (Reserved) ...................................................................................................................... 13601

137. (Reserved) ...................................................................................................................... 13701

138. (Reserved) ...................................................................................................................... 13801

139. (Reserved) ...................................................................................................................... 13901

140. (Reserved) ...................................................................................................................... 14001

141. (Reserved) ...................................................................................................................... 14101

142. (Reserved) ...................................................................................................................... 14201

143. (Reserved) ...................................................................................................................... 14301

144. (Reserved) ...................................................................................................................... 14401

145. (Reserved) ...................................................................................................................... 14501

146. Vehicles and Traffic ..................................................................................................... 14601

147. (Reserved) ...................................................................................................................... 14701

148. (Reserved) ...................................................................................................................... 14801
 
149. (Reserved) ...................................................................................................................... 14901

150. (Reserved) ...................................................................................................................... 15001

151. (Reserved) ...................................................................................................................... 15101

152. Water and Sewers ........................................................................................................ 15201
Article I Water Restrictions
Article II Water and Sewer System Use
153. (Reserved) ...................................................................................................................... 15301

154. (Reserved) ...................................................................................................................... 15401

155. (Reserved) ...................................................................................................................... 15501

156. (Reserved) ...................................................................................................................... 15601

157. (Reserved) ...................................................................................................................... 15701

158. Zoning ........................................................................................................................... 15801

159. Zoning continued..........................................................................................................  15901

160. (Reserved) ...................................................................................................................... 16001

161. (Reserved) ...................................................................................................................... 16101

APPENDIX

A162    Animal Control ...................................................................................................... A16201

A163    Collateralization of Funds .................................................................................... A16301

A164    Construction Project Review................................................................................ A16401

A165    Forest Conservation .............................................................................................. A16501

A166    Investment Policies ................................................................................................ A16601
Article I Investment Policy
Article II Investment Procedures
A167    Stormwater Management ..................................................................................... A16701

A168    Water Bills ............................................................................................................. A16801

A169    Parks and Recreation Commission Bylaws ........................................................ A16901


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DISPOSITION LIST INDEX
 
























THE CHARTER
 
CHARTER

ARTICLE I THE MUNICIPAL CORPORATION Section 101. Incorporation and General Powers Section 102. Filing of Corporate Limit Descriptions

ARTICLE II THE COUNCIL
Section 201. Composition;  Selection; Terms
Section 202. Qualifications of Councilpersons
Section 203. Council to be Judge of Qualifications of its Members
Section 204. President of the Council
Section 205. Compensation of Councilpersons
Section 206. Vacancies in the Council
Section 207. The Rules and Order of Business
Section 208. Meetings of the Council
Section 209. Quorum
Section 210. Passage of Ordinances Section 211. Processing Referendums Section 212. Filing of Ordinances

ARTICLE III THE OFFICE OF MAYOR Section 301. Selection and Term Section 302. Qualifications
Section 303. Compensation for the Mayor
Section 304. Powers and Duties

ARTICLE IV POWERS OF THE COUNCIL Section 401. Legislative
Section 402. Enumeration of Specific Powers
Section 403. Exercise of Powers
Section 404. Enforcement

ARTICLE V MUNICIPAL ELECTIONS Section 501. Membership of the Board
Section 502. Removal of Members of the Board
Section 503. Duties of the Board
Section 504. Notice of Registration Days and Elections
Section 505. Voter Registration
Section 506. Qualifications of Voters
Section 507. Appeal from an Action of the Board of Supervisors of Elections
Section 508. Filing for Office
Section 509. Primary Election; Municipal Meeting or Convention
Section 510. Elections of the Mayor and Councilpersons
Section 511. Conduct of Elections Section 512. Special Elections Section 513. Vote Count
 
Section 514. Preservation of Ballots
Section 515. Vacancies
Section 516. Equal Privileges for Women Section 517. Regulation and Control Section 518. Penalties

ARTICLE VI FINANCE
Section 601. Clerk-Treasurer Section 602. Powers and Duties Section 603. Surety Bond Section 604. The Fiscal Year
Section 605. Submission of the Budget Section 606. Adoption of the Budget Section 607. Appropriations
Section 608. Transfer of Funds
Section 609. Over-Expenditures
Section 610. Unexpended/Unencumbered  Appropriations
Section 611. The Issue of Checks
Section 612. Purchases and Contracts
Section 613. The Payment of Obligations for Public Indebtedness
Section 614. Previous Issues
Section 615. Taxable Property Defined
Section 616. The Establishment of the Tax Levy
Section 617. Announcement  of the Tax Levy and Notification of Tax Due
Section 618. Date of Payment and Overdue Payments of Taxes
Section 619. The Sale of Tax-Delinquent Property
Section 620. Collectors of Fees
Section 621. Municipal Audit
Section 622. Tax Anticipating Borrowing

ARTICLE VII  MUNICIPAL EMPLOYEES
Section 701. The Authority to Employ Personnel Section 702.   The Authority to Establish a Merit System Section 703.   Definition of Unclassified and Classified Service Section 704.   Compensation and Benefits
Section 705. Retirement
Section 706. Prohibitions and Penalties Section 707. Clerk to the Council Section 708. Town Attorney

ARTICLE VIII   MUNICIPAL HOLDINGS Section 801. The Definition of Public Ways Section 802. The Control of Public Ways Section 803.   The Control of Public Sidewalks

ARTICLE IX  WATER AND SEWERS
 
Section 901. The Authorization of a Municipal System
Section 902. Authority to Extend the System Beyond Town Limits
Section 903. Access to Installations, Right of Entry
Section 904. Authority to Contract Services
Section 905. The Responsibility for Obstructions and Their Removal
Section 906. Improper Use
Section 907. Municipal Authority to Enter on County Public Ways Section 908. The Authorization of Other-Than-Municipal Constructions Section 909. Authority to Provide and Regulate Private Connections to the Municipal System
Section 910. Authority to Charge for Connections Section 911. Authority to Regulate Private Systems Section 912. Control of Water Pollution
Section 913. Authorization to Establish and Collect Charges
Section 914. Exception

ARTICLE X SPECIAL ASSESSMENTS
Section 1001. The Authority to Levy Special Assessments
Section 1002. Procedures for Assessment and Collection

ARTICLE XI  TOWN PROPERTY
Section 1101. Acquisition, Possession and Disposal
Section 1102. Condemnation
Section 1103. Town Buildings
Section 1104. Protection of Town Property

ARTICLE XII  GENERAL PROVISIONS Section 1201. Oath of Office Required
Section 1202. Administration of the Oath of Office
Section 1203. Official Bonds of Town Officials and Employees
Section 1204. Rights and Obligations
Section 1205. Effect of Charter on Existing Ordinances
Section 1207. Repealer
Section 1208. Severability
Section 1209. "Town" Construed to Mean “City”

[HISTORY: Adopted by the Town Council of the Town of Greensboro 12/7/1981. Amendments noted where applicable.]



ARTICLE I
THE MUNICIPAL CORPORATION

GENERAL CORPORATE POWERS

Section 101. Incorporation and General Powers
 

The inhabitants of Greensboro, within the corporate limits legally established from time to time, are hereby constituted a body corporate by the name of the "Town of Greensboro", with all the privileges of a body corporate, by that name to sue and be sued, to plead and to be impleaded in any court of law or equity, to have and use a common seal and to have perpetual succession unless the Charter and the corporate existence are legally abrogated.

CORPORATE LIMITS

Section 102. Filing of Corporate Limit Descriptions

The courses and distances showing the exact corporate limits of the town shall be filed at all times with the Clerk of Circuit Court for Caroline County, the Commissioner of the Land Office and the Director of the Department of Legislative Reference. In addition, a copy of the courses and distances describing the corporative boundaries shall be on file in the office of the Town Clerk.
All the officials named in this section are hereby directed to file a record of all such descriptions of corporate boundaries so filed with them, each in a suitable book or place, properly indexed and reasonably available for public inspection during normal business hours.

ARTICLE II THE COUNCIL

MEMBERSHIP OF THE COUNCIL

Section 201. Composition; Selection; Terms

All legislative powers of the town shall be vested in a Council consisting of four (4)
councilpersons who shall be elected as hereinafter provided and who shall hold office for a term of four (4) years, or until the succeeding Council takes office. The regular term of councilpersons shall expire on the first Monday of May following the election of their successors. Councilpersons holding office at the time this Charter becomes effective shall continue to hold office for the term for which they are elected and until the succeeding Council takes office under the provisions of
this Charter.

Section 202. Qualifications of Councilpersons [Amended 4/22/05 by Charter Amendment
Resolution 2005-R-9]

Councilpersons shall have resided in the town for at least one (1) year immediately preceding their election and shall be qualified voters of the Town.

Section 203. Council to be Judge of Qualifications of its Members

The Council shall be the judge of the election and qualifications of its members. Section 204. President of the Council [Amended 6/22/1995 by Res. No. 1995-R-7]
 
The Mayor shall serve as President of the Council. The Council shall elect a Vice President of the Council from among its members who shall act as president of the Council in the absence of the President of the Council. The Mayor shall have the right to cast a vote on any issue coming before the Commissioners on which the votes cast by the Commissioners are evenly divided, and on any issue coming before the Commissioners at a meeting at which only two Commissioners are in attendance.

Section 205. Compensation of Councilpersons

Each councilperson shall receive a set amount for expenses each year incurred while serving in his capacity as councilperson for the town. The amount of monies allowed for expenses each, shall be, as specified from time to time by an ordinance passed by the Council in the regular course of its business.

Section 206. Vacancies in the Council

Vacancies in the Council shall be filled as provided in Section 515 of this Charter. PROCEDURE OF THE COUNCIL
Section 207. The Rules and Order of Business

The Council shall determine its own rules and order of business. It shall keep a journal of its proceedings and enter therein the yeas and nays upon final action on any question, resolution, or ordinance or at any other time if required by any one member. The journal shall be open to public inspection.

Section 208. Meetings of the Council

The newly-elected Council shall meet at 7:30 p.m. on the first Monday of May following its election for the purpose of organization after which the Council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. Special meetings shall be called by the Clerk upon the request of the Mayor or a majority of the members of the Council. All meetings of the Council shall provide that residents of the town shall have a reasonable opportunity to be heard at any meeting in regard to any municipal question.

Section 209. Quorum [Amended 6/22/1995 by Res. No. 1995-R-6]

A majority of the Members of the Council shall constitute a quorum for the transaction of business, but no ordinance shall be approved nor any other action taken without the favorable votes of a majority of the whole number of Members elected to the Council. The Mayor should be considered a member of the Council for the purpose of determining whether a quorum exists.

Section 210. Passage of Ordinances
No ordinance shall be passed at the meeting at which it is introduced. At any regular or special meeting of the Council held not less than six (6) nor more than sixty (60) days after the meeting at
 
which an ordinance was introduced, it shall be passed or passed as amended, or rejected, or its consideration deferred to some specified future date. In case of any emergency, the provision that an ordinance may not be passed at the meeting at which it is introduced may be suspended by the affirmative votes of four (4) members of the Council. Every ordinance, unless it be passed as an emergency ordinance, shall become effective at the expiration of twenty (20) calendar days following approval by the Mayor and Council. An emergency ordinance shall become effective on the date specified in the ordinance, but no ordinance shall become effective until approved by the Mayor and Council.

Section 211. Processing Referendums

If, before the expiration of twenty (20) calendar days following approval of any ordinance by the Mayor and Council, a petition is filed with the Clerk-Treasurer containing the signatures of not less than twenty per centum (20%) of the qualified voters of the town and requesting that the ordinance, or any part thereof, be submitted to a vote of the qualified voters of the town for their approval or disapproval, the Council shall have the ordinance, or the part thereof requested for referendum submitted to a vote of the qualified voters of the town at the next regular town election, or in the Council's discretion, at a special election occurring before the next regular election, No ordinance, or the part thereof requested for referendum, shall become effective following the receipt of such petition until and unless approved at the election by a majority of the qualified voters voting on the question. An emergency ordinance, or the part thereof requested for referendum, shall continue in effect for sixty (60) days following receipt of such petition. If the question of approval or disapproval of any emergency ordinance, or any part thereof, has not been submitted to the qualified voters within sixty (60) days following receipt of the petition, the operation of the ordinance, or the part thereof requested for referendum shall be suspended until approved by a majority of the qualified voters voting on the question at any election. Any ordinance, or part thereof, disapproved by the voters, shall stand repealed. The provisions of this
section shall not apply to any ordinance, or part thereof, passed under the authority of Section 613, levying property taxes for the payment of indebtedness, but the provision of this section shall
apply to any ordinance, or part thereof, levying special assessment charges under the provisions of Section 1001 and 1002. The provision of this section shall be self-executing but the Council may adopt ordinances in furtherance of these provisions and not in conflict with them.

Section 212. Filing of Ordinances

Ordinances shall be permanently filed by the Clerk-Treasurer and shall be kept available for public inspection.

ARTICLE III
THE OFFICE OF MAYOR

THE MAYOR

Section 301. Selection and Term
The Mayor shall be elected as hereinafter provided and shall hold office for a term of two (2) years or until his successor is elected and qualified. The newly-elected Mayor shall take office on the
 
first Monday of May following his election. The Mayor holding office at the time this Charter becomes effective shall continue to hold office for the term for which he was elected and until his successor takes office under the provisions of this Charter.

Section 302. Qualifications [Amended 3/25/05 by Charter Amendment Resolution 205-R-4]

The Mayor must have resided in the Town of Greensboro for at least one (1) year immediately preceding election and must be a qualified voter of the town.

Section 303. Compensation for the Mayor

The Mayor will receive a set amount for expenses each year, incurred while serving in his capacity as Mayor for the town. The amount of monies allowed for expenses each year, shall be, as
specified from time to time by an ordinance passed by the Council in the regular course of its business.

Section 304. Powers and Duties

A.  General. - The Mayor shall see that the ordinances of the town are faithfully executed and shall be the Chief Executive Officer and the head of the administrative branch of the town government.

B.  Appointments and removal of employees and heads of offices, departments and agencies - The
Mayor, with the approval of the Council, shall appoint the heads of all offices, departments and agencies of the town government established by this Charter or by ordinance. All office, department, and agency heads shall serve at the pleasure of the Mayor.

All subordinate officers and employees of the offices, departments and agencies of the town government shall be appointed and removed by the Mayor, in accordance with rules and regulations in any merit system which may be adopted by the Council.

C.  Reports and recommendations to Council - The Mayor each year shall report to the Council, the condition of municipal affairs and make such recommendations as he deems proper for the public good and the welfare of the town.

D.  Supervision of financial administration of government - The Mayor shall have complete supervision over financial administration of the town government. He shall prepare or have prepared annually a budget and submit it to the Council. He shall supervise the administration of the budget as adopted by the Council. He shall supervise the disbursement of all monies and have control over all expenditures to assure that budget appropriations are not exceeded.

E.  Other powers and duties - The Mayor shall have such other powers and perform such other duties as may be prescribed by this Charter or as may be required of him by the Council, not inconsistent with this Charter.
 
ARTICLE IV POWERS OF THE COUNCIL

GENERAL POWERS Section 401. Legislative
The Council shall have the power to pass all such ordinances not contrary to the Constitution and laws of the State of Maryland or this Charter as it may deem necessary for the good government of the town; for the protection and preservation of the town's property rights and privileges; for the preservation of peace and good order; for securing persons and property from violence, danger or destruction; and for the protection and promotion of the health, safety, comfort, convenience, welfare, and happiness of the residents of the town and visitors thereto and sojourners therein.

SPECIFIC POWERS

Section 402. Enumeration of Specific Powers

The Council shall have, in addition, the powers to pass ordinances not contrary to the laws and
Constitution of this State, for the following specific purposes:

Advertising - To provide for advertising for the purposes of the town, for printing and publishing statements as to the business of the town.

Aisles - To regulate and prevent the obstruction of aisles in public halls, churches and places of amusement, and to regulate the construction and operation

Amusements - To provide in the interest of the public welfare for licensing, regulating, or restraining theatrical or other public amusements.

Appropriations - To appropriate municipal monies for any purpose within the powers of the
Council.

Auctioneers - To regulate the sale of all kinds of property at auction within the town and to license auctioneers.

Band - To establish a municipal band, symphony orchestra or other musical organization, and to regulate by ordinance the conduct and policies thereof .

Billboards - To license, tax and regulate, restrain or prohibit the erection or maintenance of billboards within the city, the placing of signs, bills and posters of every kind and description on any building, fence, post, billboard, pole, or other place within the town.

Bridges - To erect and maintain bridges.
 
Buildings - To make reasonable regulations in regard to buildings and signs to be erected, constructed, or reconstructed in the town, and to grant buildings permits for the same; to formulate a building code and a plumbing code and to appoint a building inspector and a plumbing inspector, and to require reasonable charges for permits and inspections; to authorize and require the inspection of all buildings and structures and to authorize the condemnation thereof in whole or in part when dangerous or insecure, and to require that such buildings and structures be made safe or to be taken down.

Cemeteries - To regulate or prohibit the interment of bodies within the municipality and to regulate cemeteries.

Codification - To provide for the codification of all ordinances which have been or may hereafter be passed.

Community Services - To provide, maintain, and operate community and social services for the preservation and promotion of the health, recreation, welfare, and enlightenment of the inhabitants of the town.

Cooperative Activities - To make agreements with other municipalities, counties, districts, bureaus, commissions, and governmental authorities for the joint performance of or for cooperation in the performance of any governmental functions.

Curfew - To prohibit the youth of the town from being in the streets, lanes, alleys, or public places at unreasonable hours of the night.

Dangerous Conditions - To compel persons about to undertake dangerous improvements to execute bonds with sufficient sureties conditioned that the owner or contractor will pay all damages resulting from such work which may be sustained by any persons or property.

Departments - To create, change, and abolish offices, departments, or agencies, other than the offices, departments and agencies established by this Charter; to assign additional functions or duties to offices, departments, or agencies established by this Charter, but not including the power to discontinue or assign to any other office, department, or agency any function or duty assigned by this Charter to a particular office, department of agency.

Disorderly Houses - To suppress bawdy houses, disorderly houses and houses of ill fame.
Dogs - To regulate the keeping of dogs in the town and to provide, wherever the county does not license or tax dogs, for the licensing and taxing of the same; to provide for the disposition of homeless dogs and dogs on which no license fee or taxes are paid.

Elevators - To require the inspection and licensing of elevators and to prohibit their use when unsafe or dangerous or without a license.

Explosives - To regulate or prevent the storage of gun- powder, oil, or any other explosive or combustible matter; to regulate or prevent the use of firearms, fireworks, bonfires, explosives, or any other similar things which may endanger persons or property.
 

Filth - To compel the occupant of any premises, building or outhouse situated in the town, when the same has become filthy or unwholesome, to abate or cleanse the condition; and after reasonable notice to the owners or occupants to authorize such work to be done by the proper officers and to assess the expense thereof against such property, making it collectible by taxes or against the occupant or occupants.

Finances - To levy, assess, and collect ad valorem property taxes; to expend municipal funds for any public purpose; to have general management and control of the finances of the town.

Fire - To suppress fires and prevent the dangers thereof and to establish and maintain a fire department; to contribute funds to volunteer fire companies serving the town; to inspect buildings for the purpose of reducing fire hazards, to issue regulations concerning fire hazards, and to forbid and prohibit the use of fire-hazardous buildings and structures permanently or until the conditions of town fire-hazard regulations are met; to install and maintain fire hydrants where and as necessary, and to regulate their use; and to take all other measures necessary to control and
prevent fires in the town.

Food - To inspect and to require the condemnation of, if unwholesome, and to regulate the sale of, any food products.

Franchises - To grant and regulate franchises to water companies, electric light companies, gas companies, telegraph and telephone companies, transit companies, taxicab companies, and any others which may be deemed advantageous and beneficial to the town, subject, however to the limitations and provisions of Article 23 of the Annotated Code of Maryland. No franchise shall be granted for a longer period than fifty (50) years.

Gambling - To restrain and prohibit gambling.

Garbage - To prevent the deposit of any unwholesome substance either on private or public property, -and to compel its removal to designated points; to require slops, garbage, ashes, and other waste or other unwholesome materials to be removed to designated points, or to require the occupants of the premises to place them conveniently for removal.

Grants In Aid - To accept gifts and grants of Federal or State funds from the Federal or State governments or any agency thereof, and to expend the same for any lawful public purpose, agreeably to the conditions under which the gifts or grants were made.

Hawkers - To license, tax, regulate, suppress and prohibit hawkers and itinerant dealers, peddlers, pawnbrokers and all other persons selling any articles on the streets of the town, and to revoke such licenses for cause.

Health - To protect and preserve the health of the town and its inhabitants; to appoint a public health officer, and to define and regulate his powers and duties; to prevent the introduction of contagious diseases into the town; to establish quarantine regulations, and to authorize the removal and confinement of persons having contagious or infectious diseases; to prevent and remove all
 
nuisances; to inspect, regulate, and abate any buildings, structures, or places which cause or may cause unsanitary conditions or conditions detrimental to health; provided, that nothing herein shall be construed to affect in any manner any of the powers and duties of the State Board of Health, the county board of health, or any public, general or local law relating to the subject of health.

House Numbers - To regulate the numbering of houses and lots and to compel owners to renumber the same or in default thereof to authorize and require the same to be done by the town at the owner's expense, such expense to constitute a lien upon the property collectible as tax monies.

Jail - To establish and regulate a station house or lock-up for temporary confinement of violators of the laws and ordinances of the town or to use the county jail for such purposes.

Licenses - Subject to any restrictions imposed by the public general laws of the State, to license and regulate all persons beginning or conducting transient or permanent business in the town for the sale of any goods, wares, merchandise, or services, to license and regulate any business, occupation, trade, calling or place of amusement or business; to establish and collect fines and charges for all licenses and permits issued under the authority of this Charter.

Liens - To provide that any valid charges, taxes or assessments made against any real property within the town shall be liens upon such property, to be collected as municipal taxes are collected.

Lights - To provide for the lighting of the town.

Livestock - To regulate and prohibit the running at large of cattle, horses, swine, fowl, sheep, goats, dogs or other animals to authorize the impounding, keeping sale and redemption of such animals when found in violation of the ordinance in such cases provided.

Markets - To obtain by lease or rent, own, construct, purchase, operate, and maintain public markets within the town.

Minor privileges - To regulate or prevent the use of public ways, sidewalks, and public places for signs, awnings, posts, steps, railings, entrances, racks, posting handbills and advertisements, and display of goods, wares and merchandise.

Noise - To regulate or prohibit unreasonable ringing of bells, crying of goods or sounding of whistles and horns.

Nuisances - To prevent or abate by appropriate ordinance all nuisances in the town which are so defined at common law, by this Charter, or by the laws of the State of Maryland, whether the same be herein specifically named or not; to regulate, to prohibit, to control the location of, or to require the removal from the town of all trading in, handling of, or manufacture of any commodity which is or may become offensive, obnoxious, or injurious to the public comfort or health. In this connection the town may regulate, prohibit, control the location of, or require the removal from
the town of such things as stockyards, slaughterhouses, cattle or hog pens, tanneries and renderies. This listing is by way of enumeration, not limitation.
 
Obstructions - To remove all nuisances and obstructions from the streets, lanes and alleys and from any lots adjoining thereto, or any other places within the limits of the town.

Parking Facilities - To license and regulate and to establish, obtain by purchase, by lease or by rent, own, construct, operate, and maintain parking lots and other facilities for off-street parking.

Parking Meters - To install parking meters on the streets and public places of the town in such places as they shall by ordinance determine, and by ordinance to prescribe rates and provisions for the use thereof, except that the installation of parking meters on any street or road maintained by the State Roads Commission of Maryland must first be approved by the Commission.

Parks and Recreation - To establish and maintain public parks, gardens, playgrounds, and other recreational facilities and programs to promote the health, welfare, and enjoyment of the inhabitants of the town.

Police Force - To establish, operate, and maintain a police force. All town policemen shall, within the municipality, have the powers and authority of Constables in this State.

Police Powers - To prohibit, suppress, and punish within the town, all vice, gambling, and games of chance; prostitution and solicitation therefore and the keeping of bawdy houses and houses of ill fame; all tramps and vagrants; all disorder, disturbances, annoyances, disorderly conduct, obscenity, public profanity, and drunkenness.

Property - To acquire by conveyance, purchase or gift, real or leasehold property for any public purposes; to erect buildings and structures thereon for the benefit of the town and its inhabitants; and to convey any real or leasehold property when no longer needed for the public use, after having given at least twenty (20) days' public notice of the proposed conveyance; to control, protect and maintain public buildings, grounds and property of the town.

Quarantine - To establish quarantine regulations in the interests of the public health. Regulations - To adopt by ordinance and enforce within the corporate limits, police, health, sanitary, fire building, plumbing, traffic, speed, parking and other similar regulations not in conflict with the laws of the State of Maryland or with this Charter.

Sidewalks - To regulate the use of sidewalks and all structures in, under or above the same; to require the owner or occupant of premises to keep the sidewalks in front thereof free from snow or other obstructions; to prescribe hours for cleaning sidewalks.

Sweepings - To regulate or prevent the throwing or depositing of sweepings, dust, ashes, offal, garbage, paper, handbills, dirty liquids, or other unwholesome materials into any public way or onto any public or private property in the town.

Taxicabs - To license, tax and regulate public hackmen, taxicabmen, draymen, drivers, cabmen, porters and expressman, and all other persons pursuing like occupations.
 
Vehicles - To regulate and license wagons and other vehicles not subject to the licensing powers of the State of Maryland.

Voting Machines - To purchase, lease, borrow, install, and maintain voting machines for use in town elections.

Zoning - To exercise the powers as to planning and zoning, conferred upon municipal corporations generally in Article 66B of the Annotated Code of Maryland, subject, however, to the limitations and provisions of said article.

Saving Clause - The enumeration of powers in this section is not to be construed as limiting the powers of the town to the several subjects mentioned.

ENFORCEMENT OF ORDINANCES Section 403. Exercise of Powers
For the purpose of carrying out the powers granted in this Charter, the Council may pass all necessary ordinances. All the powers of the town shall be exercised in the manner prescribed by this Charter, or, if the manner be not prescribed, then in such manner as may be prescribed by ordinance.

Section 404. Enforcement [Amended 6/1/1995 by Res. No. 1995-R-4]

A.  MISDEMEANORS: To insure the observance of the ordinances and resolutions of the Town, the Council has the power to provide that violations thereof shall be punishable as misdemeanors.

B.  MUNICIPAL INFRACTIONS: The Council may provide that violations of any municipal ordinance or resolution shall be a municipal infraction unless the violation is declared to be a felony or a misdemeanor by State law. In addition, the Council may classify as a municipal infraction: (i) a violation of any zoning or land use ordinance or regulation authorized to be adopted or enacted by the Town; and (ii) littering within the Town as prohibited under Article
27, § 468. For the purpose of this Section, a municipal infraction is a civil offense. Proceedings for enforcement of such municipal infractions shall be as provided. in Article
23A, § 3 (b) of the Code, or corresponding future provision thereof.

C.  PENALTIES: The Counsel has the power to affix (i) to a violation punishable as a misdemeanor a fine or imprisonment within the limits set forth in Article 23A, § 3(a), Annotated Code of Maryland ("Code"), or corresponding future provision thereof, or both such fine and imprisonment; and (ii) to a municipal fraction, the penalty of a fine within the limits
set forth in Article 23A, § 3(b) of the Code, or corresponding future provision thereof. Imprisonment in default of fine and costs shall be regulated by the provisions of Article 38, § 4 of the Code, or corresponding future provision thereof.
 
D.  CONTINUING VIOLATION: The Council may provide that, if the violation, whether a criminal or civil offense, is of a continuing nature and is persisted in, a conviction (in the case of a misdemeanor) or judgment (in the case of a municipal infraction) for one violation shall not be a bar to a conviction or judgment (as the case may be) for a continuation of the offense subsequent to the first or succeeding convictions or judgments.

ARTICLE V MUNICIPAL ELECTIONS

THE BOARD OF SUPERVISORS OF ELECTIONS Section 501. Membership of the Board
There shall be a Board of Supervisors of Elections consisting of three (3) members who shall be appointed by the Mayor with the approval of the Council on or before the first Monday in March in every odd-numbered year. The terms of members of the Board of Supervisors of Elections begin on the first Monday in March in the year in which they are appointed and run for four (4) years. Members of the Board of Supervisors of Elections shall be qualified voters of the town and shall not hold or be candidates for any elective office during their term of office. The Board shall
appoint one of its members as chairman. Vacancies on the Board shall be filled by the Mayor with the approval of the Council for the remainder of the unexpired term. The compensation of the members of the Board shall be determined by the Council.

Section 502. Removal of Members of the Board

Any members of the Board of Supervisors of Elections may be removed for good cause by the Council, if in the judgement of the Council, the member is not properly performing or will not properly perform the duties of the position. Before removal, the member of the Board of Supervisors of Elections to be removed shall be given a written copy of the charges against him and shall have a public hearing on them before the Council if he so requests within ten (10) days after receiving the written copy of the charges.

Section 503. Duties of the Board

The Board of Supervisors of Elections shall be in charge of the registration of voters, nominations, and all town elections. The Board may appoint election clerks or other employees to assist it in
any of its duties.

Section 504. Notice of Registration Days and Elections

The Board of Supervisors of Elections shall give at least two (2) weeks' notice of every registration day and every election by an advertisement published in at least one (1) newspaper of general circulation in the town and by posting a notice thereof in some public place or places in the town.

REGISTRATION
 

Section 505. Voter Registration [Amended 2/25/05 by Charter Amendment Resolution 2005- R-3]

A.  A voter residing in the Town of Greensboro is considered to be registered for Town elections if that voter is registered with the Caroline County Election Board.

B.  For residents who wish to vote in Town elections, but who do not wish to register with the Caroline County Election Board, there shall be a registration on the first Monday in April in every year, of qualified persons not registered to vote. If necessary for the performance of registration or the convenience of the citizens in the Town, the Mayor may designate additional days as registration days. Registration shall be permanent, and no person is entitled to vote in Town elections unless registered. The Board of Supervisors of Elections shall keep
the registration lists up-to-date by striking from the lists persons known to have died or to have moved out of town. The Council, by ordinance, shall adopt and enforce any provisions necessary to establish and maintain a system of permanent registration and provide for a re- registration when necessary.

Section 506. Qualifications of Voters [Amended 2/25/05 by Charter Amendment Resolution
2005-R-5]

Every person who is qualified to be registered to vote under State law, and who is registered in accordance with Section 505 of this Charter, shall be a qualified voter of the Town. Every qualified voter of the Town is entitled to vote at all town elections. For the convenience of the Town and its residents, the Town Clerk is directed to append a copy of the applicable section of the Annotated Code of Maryland to this Charter.

Section 507. Appeal from an Action of the Board of Supervisors of Elections

If any person shall feel aggrieved by the action of the Board of Supervisors of Elections in refusing to register or in striking off the name of any person, or by any other action, such person may appeal to the Council. Any decision or action of the Council upon such appeals may be appealed to the Circuit Court of Caroline County within the time allowed for such appeals.

THE NOMINATION OF CANDIDATES FOR OFFICE

Section 508. Filing for Office [Amended 10/2/1986 by Res. No. 1986-R-5]

Persons may be nominated for elective office in the Town by filing a Certificate of Nomination at the Clerk's Office of said Town before Midnight on or before the fourth (4th) Monday in March preceeding the Town Election. No person shall file for nomination to more than one (1) elected public office or hold more than one (1) elective Town Public Office at any one (1) time.

ELECTION PROCEDURES

Section 509. Primary Election; Municipal Meeting or Convention
 

A.  Time of holding; conduct of primary election - A primary election or municipal meeting or convention shall be held in the town on the second Monday in April in every odd- numbered year, in order to select candidates for the general election on the fourth Monday in April. The primary election shall be conducted generally as specified in this subtitle for the conduct of special and general elections. Candidates' names shall appear in alphabetical order for the office sought, on the ballots or voting machine labels, with no party designation of any kind. If not more than five (5) persons have filed as candidates for office of Councilpersons, or if not more than three (3) persons have filed for the office of Mayor, no primary election shall be held as to that office or those offices. In such instances, those nominated for Mayor or the nominees for Councilpersons shall be considered as nominees and their names shall be placed on the ballots or voting machines at the general election on the fourth Monday in April. Of the candidates participating in the primary election, the two (2) persons receiving the highest number of votes cast for the office of Councilperson shall be named and considered as nominees at the general municipal election following.

B.  Town meeting or convention - Candidates for the general election may be chosen at a town meeting or convention, at the time specified herein. Such meeting or convention for the selection of candidates shall be conducted generally according to accepted parliamentary procedure. In other respects, nominations at town meetings or conventions, wherever applicable, shall be conducted as specified herein for primary elections.

Section 510. Elections of the Mayor and Councilpersons

On the fourth Monday in April in every odd-numbered year, the qualified voters of the town shall elect one (1) person as Mayor to serve for a term of two (2) years and two (2) persons as Councilpersons to serve for a term of four (4) year.

Section 511. Conduct of Elections

It is the duty of the Board of Supervisors of Elections to provide for each special and general election a suitable place or places for voting and suitable ballot boxes and ballots and/or voting machines. The ballots and/or voting machines shall show the name of each candidate nominated for elective office in accordance with the provisions of this Charter, arranged in alphabetical order by office with no party designation of any kind. The Board of Supervisors of Elections shall keep the polls open from 1:00 p.m. to 6:00 p.m. on election days or for longer hours if the Council requires it.

Section 512. Special Elections

All special town elections shall be conducted by the Board of Supervisors of Elections in the same manner and with the same personnel, as far as practical, as regular town elections.

Section 513. Vote Count
 
Immediately after the closing of the polls, the Board of Supervisors of Elections shall determine the votes cast for each candidate or question and shall certify the results of the election to the Clerk/Treasurer of the town, who shall record the results in the minutes of the Council. The candidate for Mayor with the highest number of votes in the general election shall be declared elected as Mayor. The two (2) candidates for councilpersons with the highest number of votes in the general election shall be declared elected as councilpersons.

Section 514. Preservation of Ballots

All ballots used in any town election shall be preserved for at least six (6) months from the date of the election.
Section 515. Vacancies

In case of a vacancy on the Council for any reason, the Council shall elect some qualified person to fill such vacancy for the unexpired term. In case of a vacancy in the office of Mayor for any reason, the Council shall elect some qualified person to fill the vacancy for the remainder of the unexpired term. Any vacancies on the Council or in the office of Mayor shall be filled by the favorable votes of a majority of the remaining members of the Council. The results of any such vote shall be recorded in the minutes of the Council.

Section 516. Equal Privileges for Women

Women shall have equal privileges with men in registering, voting, and holding town offices. Section 517. Regulation and Control
The Council has the power by ordinance in every respect not covered by the provisions of this Charter for the conduct of registration, nomination, and town elections and for the prevention of fraud in connection therewith, and for a re-count of ballots in case of doubt or fraud.

Section 518. Penalties

Any person who: 1) fails to perform any duty required of him under the provisions of this subheading or any ordinances passed thereunder, 2) in any manner willfully or corruptly violates any of the provisions of this subheading or any ordinances passed thereunder, or 3) willfully or corruptly does anything which will or will tend to affect fraudulently any registration, nomination or town election, is guilty of a misdemeanor. Any officer or employee of the town government who is convicted of a misdemeanor under the provisions of this section shall immediately upon conviction thereof, cease to hold such office or employment.

ARTICLE VI FINANCE
THE OFFICE OF CLERK-TREASURER Section 601. Clerk-Treasurer
 

There shall be a Clerk-Treasurer hired by the Mayor with the approval of the Council. He shall serve at the pleasure of the Mayor. His compensation shall be determined by the Council. The Clerk-Treasurer shall be the chief financial officer of the town. The financial powers of the town, except as otherwise provided by this Charter, shall be exercised by the Clerk-Treasurer under the direct supervision of the Mayor. The Mayor, with the approval of the Council, may hire an Assistant Clerk-Treasurer or such others as deemed necessary for the efficient operation of the town government.

Section 602. Powers and Duties

Under the supervision of the Mayor, the Clerk-Treasurer shall have authority and shall be required to:

a)  prepare at the request of the Mayor an annual budget to be submitted by the Mayor to the
Council.

b)  supervise and be responsible for the disbursement of all monies and have control over all expenditures to assure that budget appropriations are not exceeded.

c)  maintain a general accounting system for the town in such form as the Council may require not contrary to state law.

d)  submit at the end of each fiscal year, and at such times as the Council may require, a complete financial report to the Council through the Mayor.

e)  ascertain that all taxable property within the town is assessed for taxation.

f)    collect all taxes, special assessments, license fees, liens, and all other revenues (including utility revenues) of the town, and all other revenues for whose collection the town is responsible, and receive any funds receivable by the town.

g)  have custody of all public monies belonging to or under the control of any set of trustees, and have custody of all bonds and notes of the town.

h)  do such other things in relation to the fiscal or financial affairs of the town as the Mayor or the
Council may require or as may be required elsewhere in this Charter. Section 603. Surety Bond
The Clerk-Treasurer, and the Assistant Clerk-Treasurer shall provide a bond with such corporate surety and in such amount as the Council by ordinance may require, and the town shall pay for such bond.

THE MUNICIPAL BUDGET
 
Section 604. The Fiscal Year

The town shall operate on an annual budget. The fiscal year of the town shall begin on the first day of July in any year and shall end on the last day of June in the following year. The fiscal year constitutes the tax year, the budget year, and the accounting year.

Section 605. Submission of the Budget

The Mayor, on such date as the Council by ordinance shall determine, but at least thirty-two (32) days before the beginning of any fiscal year, shall submit a budget to the Council. The budget shall provide a complete financial plan for the budget year and shall contain estimates of anticipated revenues and proposed expenditures for the coming year. The total of the anticipated
revenues shall equal or exceed the total of the proposed expenditures. The budget shall be a public record in the office of the Clerk-Treasurer, open to public inspection by anyone during normal business hours.

Section 606. Adoption of the Budget

Before adopting the budget, the Council shall hold a public hearing thereon after two (2) weeks' notice thereof in some newspaper or newspapers having general circulation within the municipality. The Council may insert new items or may increase or decrease the items of the budget. If the Council increases the total proposal expenditures, it shall also increase the total anticipated revenues in an amount at least equal to the total proposed expenditures. The budget shall be prepared and adopted in the form of an ordinance. A favorable vote of at least a majority of the total elected membership of the Council is necessary for adoption.

EXPENDITURES

Section 607. Appropriations

No public money may be expended without having been appropriated by the Council. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes named therein.

Section 608. Transfer of Funds

Any transfer of funds between major appropriations for different purposes by the Mayor must be approved by the Council before becoming effective.

Section 609. Over-Expenditures

No officer or employee shall, during any budget year, expend or contract to expend any money or incur any liability or enter into any contract which by its terms involves the expenditures of money for any purpose, in excess of the amounts appropriated for or transferred to that general classification of expenditure pursuant to this Charter. Any contract, verbal or written, made in violation of this Charter is null and void. Nothing in this section contained, however, prevents the
 
making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for services for a period exceeding the budget year in which the contract is made, when the contract is permitted by law.

Section 610. Unexpended/Unencumbered Appropriations

All appropriations shall lapse at the end of the budget year to the extent that they are not expended or lawfully encumbered. Any unexpended and unencumbered funds shall be considered a surplus at the end of the budget year and shall be included among the anticipated revenues for the next succeeding budget year.

Section 611. The Issue of Checks

All checks issued in payment of salaries or other municipal obligations shall be issued and signed by the Clerk-Treasurer and shall be countersigned by the Mayor.

Section 612. Purchases and Contracts

All purchases and contracts for the town government shall be made by the Clerk-Treasurer. The Council may provide by ordinance for rule and regulations regarding the use of competitive bidding and contracts for all town purchases and contracts. All expenditures for supplies, materials, equipment, construction of public improvements, or contractual service involving more than five thousand dollars ($5,000.00) shall be made on written contract. The Clerk-Treasurer shall advertise for sealed bids, in such manner as may be prescribed by ordinance, for all such written contracts. The written contracts shall be awarded to the bidder who offers the lowest or best bid, quality of goods and work, time of delivery or completion, and responsibility of bidders being considered. All such written contracts shall be approved by the Council before becoming effective. The Clerk-Treasurer may reject all bids and re-advertise. The town at any time in its discretion may employ its own forces for the construction or reconstruction of public improvements without advertising for (or re-advertising for) or receiving bids. All written contracts may be protected by such bonds, penalties, and conditions as the town may require.

Section 613. The Payment of Obligations for Public Indebtedness

The power and obligation of the town to pay any and all bonds, notes, or other evidences of indebtedness issued by it under the authority of this Charter shall be unlimited and the town shall levy ad-valorem taxes upon all the taxable property of the town for the payment of such bonds, notes, or other evidences of indebtedness and interest thereon, without limitation of amount. The faith and credit of the town is hereby pledged for the payment of the principal of and the interest on all bonds, notes, or other evidences of indebtedness issued under the authority of this Charter, whether or not such pledge be stated in the bonds, notes, or other evidences of indebtedness, or in the ordinance authorizing their issuance.

All bonds, notes, or other evidences of indebtedness shall be issued in the manner prescribed in Sections 31 to 39 inclusive of Article 23A of the Annotated Code of Maryland (1957 Edition), as the same may from time to time be amended, except that the limitations contained in Section 34
 
(4) of said Article 23A shall not apply to the issuance of bonds, notes or other evidences of indebtedness by the town, but the Mayor and Council of the town shall have the option, in each instance, to determine whether any such bonds, notes or other evidences of indebtedness shall be sold at public sale as prescribed by said Section 34 (4) or whether the same shall be sold by negotiations as private sale without solicitation or competitive bid.

Section 614. Previous Issues

All bonds, notes, or other evidences of indebtedness validly issued by the town previous to the effective date of this Charter and all ordinances passed concerning them are hereby declared to be valid, legal, and binding and of full force and effect as if herein fully set forth.
REVENUES

Section 615. Taxable Property Defined

All real property and all tangible personal property within the corporate limits of the town, or personal property which may have a situs there by reason of the residence of the owner therein, is subject to taxation for municipal purposes, and the assessment used shall be the same as that for state and county taxes. No authority is given by this section to impose taxes on any property which is exempt from taxation by any act of the General Assembly.

Section 616. The Establishment of the Tax Levy

From the effective date of the budget, the amount stated therein as the amount to be raised by the property tax constitutes a determination of the amount of the tax levy in the corresponding tax year.

Section 617. Announcement of the Tax Levy and Notification of Tax Due

Immediately after the levy is made by the Council in each year, the Clerk-Treasurer shall give notice of the making of the levy by posting a notice thereof in some public place or places in the town. He shall make out and mail or deliver in person to each taxpayer or his agent at his last known address a bill or account of the taxes due from him. This bill or account shall contain a statement of the amount of real and personal property with which the taxpayer is assessed, the rate of taxation, the amount of taxes due, and the date on which the taxes will bear interest. Failure to give or receive any notice required by this section shall not relieve any taxpayer of the responsibility to pay on the dates established by this Charter all taxes levied on his property.

Section 618. Date of Payment and Overdue Payments of Taxes

The taxes provided for in Section 617 of this Charter are due and payable on the first day of July in the year for which they are levied and are overdue and in arrears on the first day of the following October. They shall bear interest at the rate allowable by the Laws of the State of Maryland. All taxes not paid and in arrears after the first day of the following January shall be collected as provided in Section 619.
 
Section 619. The Sale of Tax-Delinquent Property

A list of all property on which the town taxes have not been paid, and which are in arrears as provided by. Section 618 of this Charter shall be turned over by the Clerk-Treasurer to the official of the county responsible for the sale of tax-delinquent property as provided by State law. All property listed thereon shall, if necessary, be sold for taxes by this county official, in the manner prescribed by State law.

FISCAL ACCOUNTABILITY Section 620. Collectors of Fees
 
All fees received by an officer or employee of the town government in his official capacity shall belong to the town government and be accounted for to the town.

Section 621. Municipal Audit

The financial books and accounts of the town shall be audited annually as required by Section 40 of Article 19 of the Annotated Code of Maryland.

Section 622. Tax Anticipating Borrowing

During the first six months of any fiscal year, the town shall have the power to borrow in anticipation of the collection of the property tax levied for that fiscal year, and may issue tax anticipation notes or other evidences of indebtedness as evidence of such borrowing. Such tax anticipation notes or other evidences of indebtedness shall be a first lien upon the proceeds of such tax and shall mature and be paid not later than six (6) months after the beginning of the fiscal year in which they are issued. No tax anticipation notes or other evidences of indebtedness shall be issued which will cause the total tax anticipation indebtedness of the town to exceed fifty per centum (50%) of the property tax levy for the fiscal year in which the notes or other evidences of indebtedness are issued. All tax anticipation notes or other evidences of indebtedness shall be authorized by ordinance before being issued. The Council shall have the power to regulate all matters concerning the issuance and sale of tax anticipation notes.

At the time, the town shall have the power to borrow and to evidence such indebtedness by signing promissory notes. Such promissory notes shall be authorized by ordinance before being issued. The Council shall have the power to regulate all matters concerning the giving of promissory notes and shall not be required to solicit competitive bids upon the same, but shall be authorized to negotiate the best rate of interest available, privately, if the Council deems the same advisable.



ARTICLE VII  MUNICIPAL EMPLOYEES

GENERAL AUTHORIZATION

Section 701. The Authority to Employ Personnel

The town may employ such officers and employees as it deems necessary to execute the powers and duties provided by this Charter or other State law and to operate the town government.

Section 702. The Authority to Establish a Merit System

The town may provide by ordinance for appointments and promotions in the administrative service on the basis of merit and fitness. To carry out this purpose, the Council may adopt such rules and regulations governing the operation of a merit system as it deems desirable or necessary. Among other things, these rules and regulations may provide for competitive examinations, the
use of eligible lists, a classification plan, a compensation plan, a probation period, appeals by
 
employees included within the classified service from dismissal or other disciplinary action, and vacation and sick leave regulations. The Town may request and avail itself of the facilities of the Commissioner of State Personnel for the administration of its merit system, as provided in State law.

THE MERIT SYSTEM

Section 703. Definition of Unclassified and Classified Service

The civil service of the town shall be divided into the unclassified and classified service:

A.  Unclassified Service - The unclassified service shall comprise the following officers and positions, which shall not be included within the merit system.

1.  The Mayor, the Councilpersons, and persons appointed to fill vacancies in these positions.

2.  The Town Attorney

3.  The heads of all offices, departments, and agencies and members of town boards and commissions.

4.  Part-time, temporary, and unpaid offices and positions.

B.  Classified Service - The classified service shall comprise all positions not specifically included by this section in the unclassified service. All offices and positions included in the classified service shall be subject to any merit system rules and regulations which may be adopted.

Section 704. Compensation and Benefits

The compensation of all officers and employees of the town shall be set from time to time by an ordinance passed by the Council, subject to the restrictions imposed upon establishing the salaries of the Councilpersons and Mayor.

The town by ordinance may provide for or participate in hospitalization or other forms of benefit
or welfare programs for its officers and employees, and may expend public monies of the town for such programs.

Section 705. Retirement



The town may do all things necessary to include its officers and employees, or any of them, within any retirement system or pension system under the terms of which they are admissible, and to pay the employer's share of the cost of any such retirement or pension system out of the general funds of the town.

The Town of Greensboro resolved on May 3, 2007, to approve participation in the State
Retirement and Pension System, Alternate Contributory Pension Selection Plan Effective July 1,
 
2007. It is provided that all eligible employees of the Town of Greensboro shall be entitled to participate in the ACPS and that all such eligible employees should be granted 100% past service credit. The employees of the Town of Greensboro who are employed before June 30, 2007 may elect participate in the ACPS.

Section 706. Prohibitions and Penalties

A.  Prohibitions - If a merit system is adopted, no person in the classified service of the town or seeking admission thereto shall be appointed, promoted, demoted, removed, or in any way favored or discriminated against because of his political or religious opinions or affiliations or any other factors not related to ability to perform the work; no person shall willfully or corruptly commit or attempt to commit any fraud preventing the impartial execution of the personnel provisions of this Charter or of the rules and regulations made thereunder; no officer or employee in the classified service of the town shall continue in such position after becoming a candidate for nomination or election to any public office; no person seeking appointment to
or promotion in the classified service of the town shall either directly or indirectly give, render, or pay any money, service or other valuable thing to any person for or on account of or in connection with his appointment, proposed appointment, promotion, or proposed promotion;
no person shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription, or contribution for any political party or political purpose whatever from any person holding a position in the classified service of the town shall make any contribution to the campaign funds of any political party or any candidate for public office or take any part in the management, affairs, or political campaign of any political party as candidate for public office, further than in the exercise of his right as a citizen to express his opinion and to cast his vote.

B.  Penalties - Any person who by himself, or with others willfully or corruptly violates any of the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment. Any person who is convicted under this section is ineligible for appointment to or employment in a position in the town service, and, if he be an officer or employee of the town, shall immediately forfeit the office or position he holds.

MUNICIPAL OFFICERS

Section 707. Clerk to the Council

The Clerk-Treasurer shall serve as Clerk to the Council. He shall attend every meeting of the Council and keep a full and accurate account of the proceedings of the Council. He shall keep such other records and perform such other duties as may be required by this Charter or the Council.

Section 708. Town Attorney

The Mayor, with the approval of the Council, may appoint a town attorney. The town attorney shall be a member of the Bar of the Maryland Court of Appeals. The town attorney is the legal advisor of the town and shall perform such duties in this connection as may be required by the
 
Council or the Mayor. His compensation shall be determined by the Council. The town has the power to employ such legal consultants as it deems necessary from time to time.

ARTICLE VIII MUNICIPAL HOLDINGS

PUBLIC WAYS AND SIDEWALKS Section 801. The Definition of Public Ways
The term "Public ways" as used in this Charter shall include all streets, avenues, roads, highways, public throughfares, lanes and alleys.

Section 802. The Control of Public Ways

The town shall have control of all public ways in the town except such as may be under the jurisdiction of the Maryland State Roads Commission. Subject to the laws of the State of
Maryland and this Charter, the town may do whatever it deems necessary to establish, operate, and maintain in good condition the public ways of the town.

The town shall have the power to:

a)  establish, regulate, and change from time to time the grade lines, width, and construction materials of any town public way or part thereof, bridges, curbs, and gutters.

b)  grade, lay out, construct, open, extend, and make new town public ways.

c)  grade, straighten, widen, alter, improve, or close up any existing town public way or part thereof

d)  pave, surface, repave, or resurface any town public way or part thereof

e)  install, construct, reconstruct, repair, and maintain curbs and/or gutters along any town public way or part thereof.

f)    construct, reconstruct, maintain, and repair bridges. g)  name town public ways.
h)  have surveys, plans, specifications, and estimates made for any of the above activities or projects or parts thereof.

Section 803. The Control of Public Sidewalks

The town shall have the power to:
 
a)  establish, regulate, and change from time to time the grade lines, width, and construction materials of any sidewalk or part thereof on town property along any public way or part thereof.

b)  grade, lay out construct, reconstruct, pave, repave, repair, extend, or otherwise alter sidewalks on town property along any public way or part thereof

c)  require that the owners of any property abutting on a sidewalk keep the sidewalk clear of all ice, snow, and other obstructions.

d)  require and order the owner of any property abutting on any public way in the town to perform any projects authorized by this section at the owner's expense according to reasonable plans and specifications. If, after due notice, the owner fails to comply with the order within a
reasonable time, the town may do the work, and the expense shall be a lien on the property and shall be collectible in the same manner as are town taxes or by suit at law.

ARTICLE IX WATER AND SEWERS

WATER AND SEWERAGE SYSTEM

Section 901. The Authorization of a Municipal System

The town shall have the power to

a)  construct, operate and maintain a water system and water plant.

b)  construct, operate, and maintain a sanitary sewage system and sewer treatment plant.
c)  construct, operate and maintain a storm water drainage system and storm water sewers. d)  construct, maintain, reconstruct, enlarge, alter, repair, improve, or dispose of all parts,
installations, and structures of the above plants and systems.

e)  have surveys, plans, specifications, and estimates made for any of the above plants and system or parts thereof or the extension thereof.

f)    do all things it deems necessary for the efficient operation and maintenance of the above plants and systems.

Section 902. Authority to Extend the System Beyond Town Limits

[Adopted by resolution 6/25/97] Except for territories annexed by the Town, subsequent to the effective date of this Section, the Town may not extend its water and sewage system beyond the Town limits.  Nothing herein shall prohibit the continuation (but not the intensification) of service to out-of-Town properties served by either water or sewer as of the effective date hereof, and nothing herein shall prohibit the Town from entering into cooperative arrangements with other
 
incorporated municipalities for the sharing of such services. Section 903. Access to Installations, Right of Entry
Any employee or agent of the town, while in necessary pursuit of his official duties with regard to the water or sewage disposal system operated by the town, has a right of entry, for access to water or sewer installations, at all reasonable hours, and after reasonable advance notice to the owner, tenant, or person in possession, upon any premises and into any building in the town or in the county served by the town's water or sewage disposal system. Any restraint or hindrance offered
to the entry by any owner, tenant, or person in possession, or the agent of any of them, by ordinance, may be made a misdemeanor.

Section 904. Authority to Contract Services

The town, if it deems it advisable, may contract with any party or parties, inside or outside the town, to obtain water or to provide for the removal of sewage.

Section 905. The Responsibility for Obstructions and Their Removal

All individuals, firms, or corporations having mains, pipes, conduits, or other structures, in, on, or over any public way in the town or in the county which impedes the establishment, construction or operation of any town sewer or water main, upon reasonable notice, shall remove or adjust the obstructions at their own expense to the satisfaction of the town. If necessary to carry out the provisions of this section, the town may use its condensation powers provided in Section 1102. Any violation of an ordinance passed under the provisions of this section may be made a misdemeanor.

Section 906. Improper Use

In order to prevent any leakage or waste of water or other improper use of the town's water system or sewage disposal system, the town may require such changes in plumbing, fixtures, or connections as it deems necessary to prevent such waste or improper use.

Section 907. Municipal Authority to Enter on County Public Ways

The town may enter upon or do construction in, on or over any county Public way for the purpose of installing or repairing any equipment or doing any other things necessary to establish, operate, and maintain the water system, water plant, sanitary sewerage system, sewage treatment plant, or storm water sewers provided for in this Charter. Unless required by the county, the town need not obtain any permit or pay any charges for these operations, but it must notify the county of its intent to enter on the public way and must leave the public way in a condition not interior to that existing before.

Section 908. The Authorization of Other-Than-Municipal Constructions

Any public service corporation, company, or individual, before beginning any construction of or placing of, or changing the location of any main, conduit, pipe, or other structure in the public
 
ways of the town, shall submit plans to the town, and obtain written approval upon such conditions and subject to such limitations as may be imposed by the town. Any public service corporation, company, or individual violating the provisions of this section is guilty of a misdemeanor. If any unauthorized main, conduit, pipe, or other structure interferes with the operation of the water, sewerage, or storm water system, the town may order it removed.

Section 909. Authority to Provide and Regulate Private Connections to the Municipal System

The town shall provide a connection with water and sanitary sewer mains for all property abutting on any public way in which a sanitary sewer or water main is laid. When any water main or sanitary sewer is declared ready for operation by the town, all abutting property owners, after reasonable notice, shall connect all fixtures with the water or sewer main. The town may require that, if it considers existing fixtures unsatisfactory, satisfactory ones be installed and may require that all cesspools, sinkdrains, and privies be abandoned, filled, removed or left in such a way as not to injure public health. All wells found to be polluted or a menace to health may be ordered to be abandoned and closed. Any violation of any ordinance passed under the provisions of this section may be made a misdemeanor.

Section 910. Authority to Charge for Connections

The town may make a charge, the amount to be determined by the Council, for each connection made to the town's water or sewer mains. This charge shall be uniform throughout the town, but may be changed from year to year. Arrangements for the payment of this charge shall be made before the connection is made.

Section 911. Authority to Regulate Private Systems

The town may, by ordinance, provide that no water supply, sewerage, or storm water drainage system, and no water mains, sewers, drain, or connection therewith, shall be constructed or operated by any person or persons, firm, corporation, institution, or community whether upon private premises or otherwise, and may provide that cesspools or other private methods of sewage disposal shall be operated and maintained in such a manner that they do not and will not be likely to affect adversely the public comfort and health and any cesspool or other private method of sewage disposal affecting or likely to affect adversely the public comfort and health may be deemed a nuisance and may be abated by the town. Any violation of an ordinance passed under the provisions of this section may be made a misdemeanor.

Section 912. Control of Water Pollution

No person shall do anything which will discolor, pollute, or tend to pollute any water used or to be used in the town water supply system. Any violation of the provisions of this section shall be a misdemeanor.

Section 913. Authorization to Establish and Collect Charges

The town shall have the power to charge and collect such service rates, water rents, ready- to-serve charges, or other charges as it deems necessary for water supplied and for the removal of sewage.
 
These charges are to be billed and collected by the Clerk-Treasurer, and if bills are unpaid within thirty (30) days, the service may be discontinued. All charges shall be a lien on the property, collectible in the same manner as town taxes or by suit at law.

Section 914. Exception

The provisions of this subtitle shall not extend to any town located in a sanitary district or special tax area or district authorized to discharge the powers provided in this subtitle, as to the particular powers included in the authorization.

ARTICLE X SPECIAL ASSESSMENTS

AUTHORITY AND PROCEDURES

Section 1001. The Authority to Levy Special Assessments

The town shall have the power to levy and collect taxes in the form of special assessments upon property in a limited and determinable area for special benefits conferred upon the property by the installation or construction of water mains, sanitary sewer mains or connections, and paving of public ways and sidewalks or parts thereof, and it may provide for the payment of all or any part
of the above projects out of the proceeds of the special assessment. The cost of any project to be paid in whole or in part by special assessments may include the direct cost thereof, the cost of any land acquired for the project, the interest on bonds, notes, or other evidences of indebtedness issued in anticipation of the collection of special assessments, a reasonable charge for the services of the administrative staff of the town, and any other item of cost which may reasonably be attributed to the project.

Section 1002. Procedures for Assessment and Collection

The procedure for special assessment, wherever authorized in the Charter, shall be as follows:

a)  The cost of the project being charged for shall be assessed according to the front rule of apportionment or some other equitable basis determined by the Council.

b)  The amount assessed against any property for any project or improvement shall not exceed the value of the benefits accruing to the property therefrom, nor shall any special assessment be levied which causes the total amount of special assessments levied by the town and
outstanding against any property at any time, exclusive of delinquent installments, to exceed twenty-five per centum (25%) of the assessed value of the property after giving effect to the benefit accruing thereto from the project or improvement for which assessed.

c)  When desirable, the affected property may be divided into different classes to be charged different-rates, but, except for this, any rate shall be uniform.

d)  All special assessment charges shall be levied by the Council by ordinance. Before levying any special assessment charges, the Council shall hold a public hearing. The Clerk- Treasurer shall
 
cause notice to be given stating the nature and the extend of the purposed project, the portion of the cost to be assessed, the number of installments in which the assessments may be paid, the method to be used in apportioning the cost, and the limits of the proposed area of assessment. The notice shall also state the time and place at which all persons interested, or their agents or attorneys, may appear before the Council and be heard concerning the proposed
project and special assessment. Such notice shall be given by sending a copy thereof by mail to the owner of record of each parcel of property proposed to be assessed and to the persons in whose name the property is assessed for taxation and by publication of a copy of the notice at least once in the newspaper of general circulation in the town. The Clerk-Treasurer shall present at the hearing a certificate of publication and mailing of copies of the notice, which certificate shall be deemed proof of notice, but failure of any owner to receive the mailed copy shall not invalidate the proceedings. The date of hearing shall be set at least ten (10) and not more than thirty (30) days after the Clerk-Treasurer shall have completed publication and service of notice as provided in this section. Following the hearing, the Council, in its discretion, may vote to proceed with the project and may levy the special assessment.

e)  Any interested person feeling aggrieved by the levying of any special assessment under the provisions of this section shall have the right to appeal to the Circuit Court of Caroline County within ten (10) days after the levying of any assessment by the Council.

f)    Special assessments may be made payable in annual or more frequent installments over such periods of time, not to exceed ten (10) years, and in such as the Council may determine. The Council shall determine on what date installments shall be due and payable. Interest may be charged on installments at the rate to be determined by the Council.

g)  All special assessment installments are overdue six (6) months after the date on which they became due and payable. All special assessments shall be liens on the property and all overdue special assessments shall be collected in the same manner as town taxes or by suit at law.

h)  All special assessments shall be billed and collected by the Clerk-Treasurer.

ARTICLE XI TOWN PROPERTY

GENERAL

Section 1101. Acquisition, Possession and Disposal

The town may acquire real, personal, or mixed property within the corporate limits of the town for any public purpose by purchase, gift, bequest, devise, lease, condensation, or otherwise and may sell, lease, or otherwise dispose of any property belonging to the town. All municipal property funds, and franchises of every kind belonging to or in the possession of the town (by whatever prior name known) at the time this Charter becomes effective are vested in the town, subject to the terms and conditions thereof.

Section 1102. Condemnation
 
The town may condemn property of any kind, or interest therein or franchise connected therewith, in fee or as an easement, within the corporate limits of the town, for any public purpose. Any activity, project, or improvement authorized by the provisions of this Charter or any other State law applicable to the town is a public purpose. The manner of procedure in case of any condemnation proceeding shall be that established in Tide 12 of the Real Property Article of the Code.

Section 1103. Town Buildings

The town may acquire, obtain by lease or rent, purchase, construct, operate, and maintain all buildings and structures it deems necessary for the operation of the town government.

Section 1104. Protection of Town Property

The town may do whatever may be necessary to protect town property and to keep all town property in good condition.

ARTICLE XII  GENERAL PROVISIONS

AFFIRMATION AND ASSURANCE OF PUBLIC INTEREST Section 1201. Oath of Office Required
Before entering upon the duties of their offices, the Mayor, the Councilpersons, the members of the Board of Supervisors of Elections, and all other persons elected or appointed to any office of profit or trust in the town government shall take and subscribe to the following oath or affirmation, "I . .......... do swear (or affirm, as the case may be), that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and laws thereof; and that I will, to the best of my skill and judgement, diligently and faithfully, without partiality or prejudice, execute the office of .............. according
to the Constitution and laws of this State."

Section 1202. Administration of the Oath of Office

The Mayor shall take and subscribe to this oath or affirmation before the Clerk of the Circuit Court of Caroline County or before one of the sworn deputies of the Clerk. All other persons taking and subscribing to the oath shall do so before the Mayor.



Section 1203. Official Bonds of Town Officials and Employees

The Clerk-Treasurer and such other officers or employees of the town as the Council or this Charter may-require, shall give bond in such amount and with such surety as may be required by the Council. The premiums on such bonds shall be paid by the town.

APPLICABILITY OF PREVIOUS AND SUBSEQUENT CHARTERS
 

Section 1204. Rights and Obligations

All right, title, and interest held by the town or any other persons or corporation at the time this Charter is adopted, in and to any lien acquired under any prior Charter of the town, are hereby preserved for the holder in all respects as if this Charter had not been adopted, together with all rights and remedies in relation thereto. This Charter shall not discharge, impair, or release any contract, obligation, duty, liability, or penalty whatever existing at the time this Charter becomes effective. All suits and actions, both civil and criminal, pending, or which may hereafter be instituted for causes of action now existing or offenses already committed against any law or ordinance repealed by this Charter, shall be instituted, proceeded with, and prosecuted to final determination and judgement as if this Charter had not become effective.

Section 1205. Effect of Charter on Existing Ordinances

A. All ordinances, resolutions, rules and regulations in effect in the town at the time this Charter becomes effective which are not in conflict with the provisions of this Charter shall remain in effect until changed or repealed according to the provisions of this Charter.

B. All ordinances, resolutions, rules, and regulations in effect in the town at the time this Charter becomes effective which are in conflict with the provisions of this Charter shall be and the same hereby are repealed to the extent of such conflict.

DEFINITIONS/CLARIFICATIONS

Section 1206. Misdemeanors [Repealed 6/1/1995 by Res. No. 1995-R-4]

Section 1207. Repealer

All ordinances, resolutions, rules and regulations in effect in the town at the time this Charter becomes effective which are in conflict with the provisions of this Charter, be and the same hereby are repealed to the extent of such conflict.

Section 1208. Severability

If any section or part of any section of this Charter shall be held invalid by a court of competent jurisdiction, this holding shall not affect the remainder of this Charter or the context in which such section or part of section so held invalid appears, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.

Section 1209. "Town" Construed to Mean "City"

Wherever in this article the word "Town" shall appear, it shall be taken and construed to mean also the word “City".
 
ANNEXATIONS

A. All that area in and around the town of Greensboro, in the Second Election District of Caroline County, Maryland, consisting of about 288 acres, more or less, as set forth in a plat and survey of the same by John C. Fisher, County Surveyor, and duly recorded in Liber D.R.H. No. 109, Folio 346 etc., one of land records for Caroline County, Maryland, is to be the official area and limits of the Town of Greensboro, Maryland. [Adopted 6/17/1947]

B.  The corporate limits of the Town of Greensboro shall be extended to include an area north of, and contiguous to, the present limits of said town, by annexing the area bounded on the east and north by the westerly edge of Cedar Lane and bounded on the west by the westerly right- of-way line of the Penn-Central Railroad, said area containing approximately thirty (30) acres of land. [Adopted 12/11/1969]

C.  [Adopted 4/6/1976] The present corporate limits of the Town of Greensboro, as described in a plat of the Town of Greensboro, dated January 1947, and recorded in Liber D.R.H. No. 109, Folio 346-7, and in the Laws of Maryland (I 970), Volume II, Municipal Charters, shall be enlarged to include the following two (2) areas:

(1)  Parcel One: All that piece or parcel of land situate, lying and being in the Second Election District of Caroline County, State of Maryland, and being more particularly described as follows: Beginning for the same at a point on the east side of a 20-foot alley and common comer of John T. Dyer, tract as described in the land records of Caroline County, Maryland, in Liber 85, Folio 398, and Edgar B. Harman, tract described in the aforesaid land records in Liber 155, Folio 138, thence with the town boundary as established by John C. Fisher, County Surveyor, January 1947, recorded in Liber D.R.H. No. 109, Folio 346 and 347. (1) north 19 degrees 00 minutes west
702.38 feet to a point of intersection on the south side of Sunset Avenue (Maryland State Route 314), thence easterly along the south side of a 40-foot right-of-way; (2) south 76 degrees 15 minutes east 715.00 feet to a point; thence to cross to the north side of Sunset Avenue; (3) north 05 degrees 45 minutes east 40.39 feet to a point; thence along the north side of Sunset Avenue; (4) south 76 degrees 15 minutes east
49.64 feet to a point; thence (5) south 19 degrees 00 minutes east 325.41 feet to a point on the east side of Hollar Road (50-foot right-of-way); thence (6) south 71 degrees 00 minutes west 660.00 feet to the point of beginning, containing a computed area of 7.480 acres of land, more or less, according to a survey made by Frank J. Colt and Associates, dated October 22, 1975.

(2)  Parcel Two: All that piece or parcel of land situate, lying and being in the Second Election District of Caroline County, State of Maryland, and being more particularly described as follows: Beginning for the same at a point on the north side of Vaughn Street [35 feet wide] said point being 172.4 feet northwesterly from the intersection of Vaughn Street and Academy Street [30 feet wide], thence with the town boundary as established by John C. Fisher, County Surveyor, January 1947 and recorded in the Land Records of Caroline County, Maryland, in Liber D.R.H. No. 109, Folio 347. (1) south 39 degrees 45 minutes west 185.00 feet to a concrete monument found at the rear comer of Paul C. Bickling, tract and point-on-line of the rear of Lot 68 as shown
 
on Jessie W. Porter Subdivision of the A. B. Roe Lands (1919) and recorded in Liber
81, folio 400 and 401; thence (2) north 50 degrees 15 minutes west 150.00 feet to a concrete monument found; thence (3) north 39 degrees 45 minutes east 185.00 feet to a point on the north side of Vaughn Street; thence (4) south 50 degrees 25 minutes east 150.00 feet to the point of beginning, containing a computed area of 27,750 square feet of land, more or less, according to a survey made by Frank J. Colt and Associates dated May 1975.

D.  [Adopted 10/26/1976] The present corporate limits of the Town of Greensboro, as described in a plat of the Town of Greensboro, dated January, 1947, and recorded in Liber D.R.H. No.
109, Folio 346, and as amended from time to time, shall be enlarged to include the following area: All that piece or parcel of land situate, lying and being in the Second Election District of Caroline County, Maryland, on the north side of the Boyce Mill Road, and more particularly described as follows: Beginning for the outbounds thereof at a pipe on the north side of the Boyce Mill Road, and at the southeast comer of the William James Tibbitt property (deed and plat recorded in Liber D.R.H. No. 149, Folio 539); thence (1) from the said pipe and with the east line of the said Tibbitt property north 40 degrees west 342 feet to the northeast comer of the Tibbitt property; thence (2) north 60 degrees 45 minutes east 21 1 feet; thence (3) south 42 degrees 30 minutes east 219 feet to the northeast comer of the Gilbert Griffith property (deed recorded in Liber D.R.H. No. 152, Folio 135); thence (4) with the north line of the Griffith property south 61 degrees 15 minutes west 60 feet; thence (5) with the west line of the Griffith property south 42 degrees 30 minutes west 130 feet to the north side of the Boyce Mill Road; thence (6) with the said road south 61 degrees 15 minutes west 166 feet to the place of beginning, containing 1.70 acres of land, more or less.

[Adopted 6/19/1997 The  resolution adopted September 7, 1976 is hereby corrected by deleting Section 1 thereof in its entirety, and by substituting the following in lieu thereof:] The corporate boundaries of the Town are hereby amended to include the addition of the property contained within the following metes and bounds:

Beginning for the same at a point on the northwesterly side of Boyce Mill Road, said point being at the most southerly corner of the herein described land and being a common corner of the land of Melvin G. Moran, Jr. and Sharon G. Moran (Liber 246, folio 570) and the land of Frank McNeil and Goldie E. McNeil (Liber 218, folio 241), and from said place of beginning running 1) with the common boundary between the said Moran and McNeil lands North 40°
23' 51" West 78.66' to the corporate limit of the Town of Greensboro as shown on a plan
recorded in Liber 109, folio 346; thence with the corporate limit of said Town of Greensboro as shown on said plat the following two courses and distances; 2) North 05° 45' 00" East
168.88'; thence 3) North 86°30' 00" West 169.01' to the aforementioned Moran and McNeil boundary; thence 4) with the said Moran and McNeil boundary North 40° 23' 51" West 29.59' to a metal post found on the land of Myers Skinner, Jr. (Liber 308, folio 73); thence 5) with the common boundary between the said Moran and Skinner lands North 60° 21' 09" East 210.06' to the land of John Elbert (Liber 63, folio 291); thence 6) with the common boundary between the said Moran and Elbert lands South 42° 53' 51" East 218.15' to the land of Elsie Griffith (Liber 186, folio 490); thence with the common boundary between the said Moran and Griffith lands the following two courses and distances: 7) South 60° 58' 28" West 60.00'; thence 8)
 

South 42° 53' 51" East 130.00' to the northwesterly side of the aforementioned Boyce Mill
Road; thence 9) with the northwesterly side of said Boyce Mill Road South 60° 58' 28" West
166.00' to the place of beginning, containing 1.187 acres of land, more or less.


Being shown and designated as “Area = 1.187 acres ±ґ” on a map entitled “ Plat of Corrective Annexation Resolution (‘DILL-1976'), North Side Boyce Mill Road, Town of Greensboro, 2nd Election District, Caroline County, Maryland” made by Charles E. Hayman, in June, 1997.



E.  [Adopted 5/1/1978] The present corporate limits of the Town of Greensboro, as described in a plat of the Town of Greensboro, dated January 1947, and recorded in Liber D.R.H. No. 109, Folio 346, and as amended from time to time, shall be enlarged to include the following area: All that piece or parcel of land situate, lying and being in the Second Election District for Caroline County, Maryland, and more particularly described as follows: Beginning for the same at a creosote post found in the southwesternmost right-of- way line of Maple Avenue, a thirty-foot-wide right-of-way at the intersection of the division line between the herein described lands and the lands of R. Josephine Bastian (see 163n34) as shown on the plat attached hereto and intended to be recorded herewith; thence, leaving said beginning point so fixed and binding on the aforesaid division line, South 40 degrees 26 minutes 00 seconds West
475.00 feet to an iron pipe set; thence, leaving the aforesaid division line and running for a new line of division through the lands of Walter and James Schiff (see 1791231) of which the herein described lands is a part, the two (2) following courses and distances, North 51 degrees
34 minutes 00 seconds West 229.00 feet to an iron pipe set; thence, North 40 degrees 26 minutes 00 seconds East 475.00 feet to an iron pipe set in the aforementioned southwesternmost right-of-way line of Maple Avenue; thence, binding on the aforesaid right- of-way line, South 51 degrees 34 minutes 00 seconds East 229.00 feet to the place of beginning, containing in all 2.496 acres of land, more or less, as surveyed by J. R. McCrone, Jr., Inc., Registered Professional Engineers and Land Surveyors in February of 1978; being part of those lands described as Parcel No. 2 in that deed conveyance from Frederick Dix Roe to Walter A. and James W. Schiff by deed dated December 29, 1972, and recorded among the land records of Caroline County, Maryland, in Liber 179, Folio 231. 81, folio 400 and 401;
thence (2) north 50 degrees 15 minutes west 150.00 feet to a concrete monument found; thence (3) north 39 degrees 45 minutes east 185.00 feet to a point on the north side of Vaughn Street; thence (4) south 50 degrees 25 minutes east 150.00 feet to the point of beginning, containing a computed area of 27,750 square feet of land, more or less, according to a survey made by
Frank 1. Colt and Associates dated May 1975.
 
F.  [Adopted 11/16/1978] The present corporate limits of the Town of Greensboro, as described in a plat of the Town of Greensboro, dated January 1947, and recorded in Liber D.R.H. No.
109, Folio 346, and as amended from time to time, shall be enlarged to include the following area: All that lot, piece or parcel of land situate, lying and being in the Second Election District, Caroline County, Maryland, and more particularly described as follows: Beginning for the same at a concrete monument set at the southeasterly comer of the Mary W. Warner Estate Property (deed reference Liber No. 178, Folio III) and the northerly side of Maryland State Route 314; thence (1) with the said Warner lands north 7 degrees 00 minutes 30 seconds east 201.08 feet to a stone found at a comer of the Fred R. Masten lands (deed reference Liber No. 168, Folio 343); thence (2) with Masten lands south 88 degrees 19 minutes 15 seconds east 414.75 feet to a concrete monument set at the westerly side of Wothers Street; thence (3)
with said Wothers Street south 12 degrees 49 minutes 15 seconds east 319.55 feet to a concrete monument set at the northwest comer of the intersection of Wothers Street and Maryland State Route 314; thence with the north side of Maryland State Route 314 the following three courses and distances: (4) north 77 degrees 00 minutes 25 seconds west 219.35 feet to a concrete monument set (5) with the arc of a curve deflecting to the right and having an arc length of
123.02 feet with a cord bearing north 76 degrees 27 minutes 15 seconds west and having a radius of 4,375.09 feet to a concrete monument set (6) north 75 degrees 23 minutes 45 seconds west 182.57 feet to the place of beginning, containing 2.698 acres, more or less, as surveyed
by Helmstadt Associates, Inc., registered surveyors.



G.  [Adopted 10/2/1986] The present corporate limits of the Town of Greensboro shall be enlarged to include the following area: All that piece or parcel of land, situated, lying and being in the Second Election District of Caroline County, Maryland, and more fully described as follows: Beginning at an iron pipe at the intersection of the northerly right- of-way line of Cedar Street (40 feet wide) with the westerly line of land now or formerly of R. Miller, as recorded among the land records of Caroline County, Maryland, in Liber 221, Folio 45; said point also being the southeast comer of the herein described parcel. Running thence along the northerly right-of-way line of Cedar Street (40 feet wide), North 31 degrees 08 minutes 40 seconds West, a distance of 1140.82 feet to an iron rod lying at the southeast comer of land now or formerly of Leonard J. Tribbitt, as recorded among the land records of Caroline County, Maryland, in Liber 169, Folio 200. Thence along the easterly line of land now or formerly of Leonard J. Tribbitt and along the westerly line of Maryland Avenue, as shown on a plat entitled "Plat of the Jesse W. Porter Subdivision of the A. B. Roe Lands" as recorded among the land records of Caroline County, Maryland, in Liber 8 1, Folio 400, North 39 degrees East, a distance of 875.72 feet to an iron rod lying on the southerly line of Caroline Street (35 feet wide) as shown on the aforementioned plat. Thence along the southerly line of land of Caroline Street (35 feet wide), South 51 degrees East, a distance of 1073.00 feet to an iron rod lying at the northwest comer of land now or formerly of R. Hill, as recorded among the land records of Caroline County, Maryland, in Liber 140, Folio 101. Thence along the westerly line of land now or formerly of R. Hill; westerly line of land now or formerly of E. Summertin, as recorded among the land records of Caroline County, Maryland, in Liber 196, Folio 250; westerly line of land now or formerly of D. Minner, as recorded among the land
records of Caroline County, Maryland, in Liber 165, Folio 537; westerly line of W. Tribbitt, as recorded among the land records of Caroline County, Maryland, in Liber 147, Folio 674;
 
westerly line of J. Delp, as recorded among the land records of Caroline County, Maryland, in
Liber 181, Folio 289; westerly line of H. Jones, as recorded among the land records of
Caroline County, Maryland, in Liber 107, Folio 479 and Liber 129, Folio 243; westerly line of land now or formerly of R. A. Thomton, as recorded among the land records of Caroline County, Maryland, in Liber 187, Folio 345 and Liber 182, Folio 708; westerly line of land now or formerly of A. Thornton, as recorded in the land records of Caroline County, Maryland, in Liber 121, Folio 216; westerly line of land now or formerly of L. Truitt, as recorded among the land records of Caroline County, Maryland, in Liber 127, Folio 479; westerly line of land now or formerly of 1. Edwards, as recorded in the land records of Caroline County, Maryland, in Liber 199, Folio 405; and the westerly line of land now or formerly of R. Miller, South 39 degrees West, a distance of 1263.19 feet to the point or place of beginning and containing
26.344 acres, more or less. The Parcel Liber 221, Folio 45, as recorded to Caroline County, utilized as a ballfield; will be annexed into town, but will continue to be owned by the county.

H.  [Adopted 1/8/1987 by Res. No. 1986-R-3] The present corporate limits of the Town of Greensboro, shall be enlarged to include the following area: All that piece or parcel of land, situated, lying and being in the Second Election District of Caroline County, Maryland, and more fully described as follows: Beginning at an iron pipe at the intersection of the northerly right-of-way line of Cedar Lane (40 feet wide) with the westerly line of land now or formerly of R. Miller, as recorded among the land records of Caroline County, Maryland, in Liber 221, Folio 45; said point also being the southeast comer of the herein described parcel. Running thence along the northerly right-of-way line of Cedar Lane (40 feet wide), North 31 degrees 08
minutes 40 seconds West, a distance of 1140.82 feet to an iron rod lying at the southeast comer of land now or formerly of Leonard J. Tribbitt, as recorded among the land records of Caroline County, Maryland, in Liber 169, Folio 200. Thence along the easterly line of land now or formerly of Leonard J. Tribbitt and along the westerly line of Maryland Avenue, as shown on
a plat entitled "Plat of the Jessie W. Porter Subdivision of the A. B. Roe Lands" as recorded among the land records of Caroline County, Maryland, in Liber 81, Folio 400, North 39 degrees East a distance of 875.72 feet to an iron rod lying on the southerly line of Caroline Street (35 feet wide) as shown on the aforementioned plat. Thence along the southerly line of land of Caroline Street (35 feet wide) South 51 degrees East, a distance of 1073.00 feet to an iron rod lying at the northwest comer of land now or formerly of R. Hill, as recorded among the land records of Caroline County, Maryland, in Liber 140, Folio 101. Thence along the westerly line of land now or formerly of R. Hill; westerly line of land now or formerly of E. Summerlin, as recorded among the land records of Caroline County, Maryland, in Liber 196, Folio 250; westerly line of land now or formerly of D. Minner, as recorded among the land
records of Caroline County, Maryland, in Liber 165, Folio 537; westerly line of W. Tribbitt, as recorded among the land records of Caroline County, Maryland, in Liber 147, Folio 674; westerly line of J. Delp, as recorded among the land records of Caroline County, Maryland, in Liber 181, Folio 289; westerly line of H. Jones, as recorded among the land records of
Caroline County, Maryland, in Liber 107, Folio 479 and Liber 129, Folio 243; westerly of land now or formerly of R. A. Thornton as recorded among the land records of Caroline County, Maryland, in Liber 187, Folio 345 and Liber 182, Folio 708; westerly line of land now or formerly of A. Thornton, as recorded in the land records of Caroline County, Maryland, in Liber 121, Folio 216; westerly line of land now or formerly of L. Truitt, as recorded among the land records of Caroline County, Maryland, in Liber 127, Folio 479; westerly line of land now
 
or formerly of I. Edwards, as recorded in the land records of Caroline County, Maryland, in Liber 199, Folio 405; and the westerly line of land now- or formerly of R. Miller, South 39 degrees West a distance of 1263.19 feet to the point or place of beginning and containing
26.344 acres, more or less. The Parcel Liber 221, Folio 45, as recorded to Caroline County, utilized as a ballfield, will be annexed into town, but will continue to be owned by the county.

I.    [Adopted 3/25/1987 by Res. No. 1987-R-3] The present corporate limits of The Town of Greensboro, shall be enlarged to include the following area: All that piece or parcel of land and dwelling situated, lying and being in the Second Election District of Caroline County, Maryland, and more fully described as follows: Beginning for the outbounds at a comer at the end of the division fence for Joseph Isaacs lot on the South side of the public road two (2) feet
West from a stone set for a boundary for the Town of Greensboro; thence by the said Isaacs lot
South five and one-fourth (5V4) degrees West two hundred fifty-eight (258) feet to a stone at the end of the new division line; thence with said division line North eighty-nine and three- fourths (893/4) degrees East four hundred forty-four and five-tenths (444.5) feet to a stake set in the telephone line of the crossroad; thence with said telephone line North seventeen and three-fourths (173/4) degrees West four hundred thirty (430) feet to a comer in the South boundary of the public road in a line with the telephone poles mentioned above; thence with the South boundary of said public road South sixty-one and one-fourth (6lV4) degrees West
three hundred (300) feet to the place of beginning, containing two acres and one hundred forty- one square perches of land.

J.    [Adopted 8/24/1989 by Res. No. 1989-R-31 The present corporate limits of the Town of Greensboro, shall be enlarged to include the following area: All that piece or parcel of land and dwellings situated, lying and being in the Second Election District of Caroline County, Maryland, and more fully described as follows: Beginning for the same at an iron post found on the North side of Greensboro Road, said point being also the Southwest comer of the Schmitt Property as described in Liber 219 and Folio 34. Thence running with the North side of Greensboro Road a course of South 33 degrees 40 minutes 07 seconds West for a distance of 220.53 feet to an iron pin set; thence departing Greensboro Road and running with line common to lots 28.58 and 88 respectfully, North 50 degrees 47 minutes 18 seconds West
500.88 feet to an iron pipe set; thence running a course of South 39 degrees 54 minutes 08 seconds West for a distance of 521.30 feet to an iron pin found on the North side of Caroline Avenue, said road being undeveloped at this time; thence running with the North side of Caroline Avenue a course North 81 degrees 00 minutes 05 seconds West for a distance of
512.39 feet as now surveyed to an iron pin found at the Southeast comer of the intersection of
Caroline and Hughlett Avenue, both roads being undeveloped at this time; thence continuing to run with the Northerly side of said Caroline Avenue a course of North 51 degrees 00
minutes 05 seconds West for a distance of 530.00 feet to an iron pin set at the Southeast comer of the intersection of Caroline and Maryland Avenue, both roads being undeveloped; thence running with the east side of Maryland Avenue a course of North 38 degrees 59 minutes 66 seconds East for a distance of 1333.96 feet as now surveyed to an iron pin set in the center line of a hedgerow, said hedgerow being the West line of the Board of Education Property; thence binding on said center line of hedgerow a course of South 00 degrees 06 minutes 54 seconds East a distance of 607.96 feet to an iron pin set at the intersection of the center lines of hedgerows, said pin being also the Northwest comer of the Barron Property, as described in Liber 213 and Folio 108; thence running with the center line of said hedgerow a course of
South 54 degrees 08 minutes 18 seconds West for a distance of 516.05 feet to a fence post
found; thence running a course of South 36 degrees 01 minute 50 seconds West for a distance of 294.09 feet to an iron 'in found, said point being also the Northwest comer of the Harris
 
Property as described in Liber 175 and Folio 21; thence running with said Harris Lands a course of South 54 degrees 20 minutes 10 seconds West for a distance of 483.87 feet as now surveyed to an iron post found; thence running a course of North 34 degrees 08 minutes 45 seconds East for a distance of 104.41 feet to an iron pin set, said point being also the Northwest comer of the Schmitt Property as described in Liber 219 and Folio 34; thence running a course of South 55 degrees 00 minutes 18 seconds East for a distance of 144.00 feet to the point of beginning; containing 23.606 acres more or less. Being a portion of the same land described and mentioned in a deed from Thomas C. Eveland, Personal Representative of the Estate of Ethel E. Poore et al to William L. and Gladys E. Kinnamon dated 7 August 1981 and recorded in Liber 212 and Folio 667 in the land records of Caroline County, Maryland.

K.  [Adopted 8/24/1995 by Res. No. 1995-R-11] The corporate boundaries of the town are hereby amended to include the addition of the annexation property, which is described by metes and bounds as follows: beginning for the same at an iron pipe found on the east side of a 20-foot alley (such alley lying east of, and approximately parallel with, Maryland Route 313), and at a corner formed by the intersection of the present limits of the Town of Greensboro [as
described in (i) a plat of said town dated 1947 and recorded among the land records of
Caroline County in Liber D.R.H. No. 109, Folio 346-7; and (ii) an annexation resolution of the town dated April 6, 19761, and running from such comer, with the lands annexed by the resolution dated April 6, 1976, in accordance with the survey of Frank J. Colt and Associates dated October 22, 1975, and recorded among the plat records of Caroline County, Maryland, PC 6, Plat 63, (1) North 71' East 635 feet, more or less, crossing Sanford Street (sometimes known as Kitteridge Court), to a point in the middle of Wheeler Drive (50 feet wide), sometimes known as Hollar Street, said point bearing South 71' West 25 feet from a concrete monument on the east side of Wheeler Drive; and from thence, with the center line of Wheeler Drive (2) South 19' East 270 feet to an iron rod set in the center line of an unnamed 40-foot- wide street; thence with the center line thereof, (3) South 71' West 635 feet, more or less, to an iron rod set on the limits of the town as described by such 1947 plat, and, from thence, with such town limits, North 19' West 270 feet to the place of beginning, containing 3.936 acres of land, more or less. Being shown and designated as "Total Area to be Annexed = 3.936 acres
+/-" on a map entitled "Annexation Plat for the Town of Greensboro, Second Election District, Caroline County, Maryland" made by McCrone, Inc., in July 1995.

L.  [Adopted 9/26/96 by Res. No. 1996-R-2] The corporate boundaries of the Town are hereby amended to include the addition of the Annexation Property, which is described by metes and bounds as follows: BEGINNING for the same at a concrete monument set on the northernmost line of the lands now or formerly of Doris Lee Todd (see 215/114); said place of beginning being further described as lying on the existing Town Boundary as established by a survey by John C. Fisher, County Surveyor, entitled GREENSBORO, CAROLINE COUNTY, MARYLAND' dated January 1947 and recorded among the Land Records of Caroline County, Maryland in Liber 109, folio 346 and 347, and at the northernmost corner of the herein described lands as shown on a plat entitled "ANNEXATION PLAT WASTEWATER TREATMENT PLANT AND OTHER PROPERTIES, TOWN OF GREENSBORO" prepared by McCrone, Inc. dated April 1996 which is attached hereto and intended to be recorded herewith; THENCE leaving said beginning point so fixed and running for proposed new Town Boundary lines as shown on the above mentioned annexation plat, the following twenty (20) (total) courses and distances; THENCE binding on the northernmost outline of the said Todd
 
lands and the southernmost side of a fifteen (15') foot wide alley as shown on a plat entitled
'PLAN OF CHRISTIAN HEIRS SUBDMSION' recorded among the Land Records of Caroline County, Maryland in Liber 114, Folio 11; 1) South 50° 11' 16" East 260.41 feet to an iron pipe found; THENCE binding on the easternmost outline of the said Todd lands, the lands of Virgil L. Pursley, et al (see 260/256), the lands of Arthur W. Johnson, et ux (see 218/290), the lands now or formerly of Donald H. Smith, Jr. (see 275/689), the lands now or formerly of Carl A. Buschkuhler, et ux (see 173/362) and the westernmost outline of the aforementioned fifteen (15') foot wide alley and the westernmost outline of the lands now or formerly of
Robert F. Schreiber, et ux (see 177/466); 2) South 42° 26' 01” West 582.50 feet to a concrete monument set on the northerly outline of the lands of the Commissioners of Greensboro (see
160/390); THENCE binding on the division line between the aforementioned Schreiber, et ux lands and the said Commissioners of Greensboro lands, the following two (2) course and distances; 3) South 41° 17' 18" EAST 202.78 feet to an iron rod found and; 4) North 23° 52'
42” East 6.65 feet to an iron rod found and the lands of the aforementioned Christian Heirs
Subdivision; THENCE binding on the division line between the Christian Heirs Subdivision lands and the herein described lands; 5) South 75° 40' 40" East 230.94 feet to a point on the westerly right-of-way line of Maryland Route 313, passing in transit a concrete monument set bearing South 75° 40' 40” East 225.94 feet from the beginning of said last course; THENCE binding on the easterly right-of-way line of said Maryland Route 313, the following five (5) courses and distances; THENCE by and with the arc of a curve to the left 271.97 feet to a point, said curve having a radius of 1,949.86 feet and scribed by a chord of; 6) South 10° 25'
01” West 271.75 feet; 7) North 83° 34' 44” West 34.00 feet; THENCE by and with the arc of a curve to the left 27.01 feet to a point, said curve having a radius of 1,983.86 feet and scribed
by a chord of; 8) South 06° 01' 52" West 27.01 feet; 9) South 08° 59' 45" Fast 16.07 feet; THENCE by and with the arc of a curve to the left 139.61 feet to a point at the approximate mean high waterline of the Choptank River, &aid curve having a radius of 1,979.86 feet and scribed by a chord of; 10) South 03° 101 16" West a distance of 139.58 feet; THENCE leaving the westerly right- of-way line of said Maryland Route 313 and binding on the approximate mean high waterline of the said Choptank River, the following nine (9) courses and distances;
11) South 55° 15' 50" West 43.89 feet to a point; 12) South 65° 29' 38" West 144.22 feet to a point; 13) South 58° 06' 35" West 152.99 feet to a point. 14) South 58° 17' 24" West 75.66 feet to a point: 15) Ni- 72° 34' 22" West 22.66 feet to a point; 16) South 37°13' 41" West 16.73 feet to a point; 17) South 82° 51' 30” West 28.20 feet to a point; 18) South 26° 23' 54" West 29.47 feet to a point; and 19) South 47° 17' 25" West 28.30 feet to an iron pipe found and the lands
of Beatrice Minamoto (see -219/585 ; THENCE leaving the approximate mean high waterline
of said Choptank River and crossing said Minamoto lands and the lands of Clyde J. Embert, et ux (see 221/751); 20) North 01° 00' 00" West 208.24 feet to a point at the terminus of the existing Town Boundary as established on the above mentioned John C. Fisher survey; THENCE binding on said existing Town Boundary, the following four (4) courses and distances crossing said Embert, et ux lands, the lands of Theodore E. Orme (see 211/688) and the lands of Clifford B. Lee, et ux (see 253/8); 21) North 01° 00' 00" West 572.00 feet to a point; THENCE continuing to cross said Lee, et ux lands, the above mentioned Commissioners of Greensboro lands, the lands of Charles W. Dehoff, Jr. et ux (see 222/425), the lands of Robert L. Bradley, et al (see 240/859) and the above mentioned Buschkuhler, et ux lands, the Donald H. Smith, Jr. lands, the Arthur W. Johnson, et ux lands, the Virgil L.
 

Pursley, et al lands and the Doris Lee Todd lands; 22) North 37° 00' 00" Fast 753.00 feet to a point; THENCE continuing to cross the said Todd lands, the following two (2) courses and distances; 23) North 50° 30' 00" West 127.00 feet to a point and; 24) North 39° 30' 00" East
57.79 feet to the place of beginning. Containing in all 9.442 acres of land, more or less, as
surveyed by McCrone, Inc., Registered professional Engineers and Land Surveyors, in April
1996. Being shown and designated as 'Total Area to be Annexed = 9.442 acres ± " on a map entitled "ANNEXATION PLAT, WASTEWATER TREATMENT PLANT AND OTHER PROPERTIES , TOWN OF GREENSBORO, SECOND ELECTION DISTRICT, CAROLINE COUNTY, MARYLAND, PREPARED FOR: TOWN OF GREENSBORO' made by
McCrone, Inc. in April 1996.

M. [Adopted 5/6/04 by Resolution No. 2004-R-2] The corporate boundaries of the Town of Greensboro are enlarged and extended to include into the Town of Greensboro that 156.489 acres, more or less, parcel of land, depicted as Parcels 50 and 51 on Caroline County Tax Map
18, Grid 11, and more specifically referred to and described in a description prepared by McCrone dated January 12, 2004, entitled DESCRIPTION OF 156.489 ACRES OF SECOND ELECTION DISTRICT, CAROLINE COUNTY, MARYLAND, attached to this Resolution
as Exhibit A, and depicted on the plat prepared by McCrone entitled “PROPOSED ANNEXATION ON THE LANDS OF RICHARD D. SPIERING” dated Sept. 2003, Scale
1”=200’, attached to this Resolution as Exhibit B, both Exhibit A and Exhibit B being incorporated herein by reference.

N.  [Adopted 5/4/06 by Resolution No. 2006-R-01] The corporate boundaries of the Town are hereby amended to include the addition of the Annexation Property, which is described by metes and bounds on a document prepared by McCrone, Inc. dated February, 2006, entitled “DESCRIPTION OF 3.896 ACRES OF LAND, MORE OR LESS, LANDS PROPOSED FOR ANNEXATION INTO THE TOWN OF GREENSBORO, SECOND ELECTION DISTRICT, CAROLINE COUNTY, MARYLAND” as follows: BEGINNING for the same at a concrete monument set along the southwesterly right-of-way line of Cedar Lane, a fifty (50) foot wide public right-of-way; said place of beginning being further located at the northwesterly corner
of the corporate limits of the Town of Greensboro, pursuant to the 1969 Annexation adopted December 11, 1969; said place of beginning being still further located at the westernmost corner of the herein described lands as shown on a plat entitled “PROPOSED ANNEXATION OF A PORTION OF CEDAR LAND, SCHOOL STREET AND THE LANDS OF JAMES A.
& GLORIA J. ROBINSON, ET AL INTO THE TOWN OF GREENSBORO” by McCrone, Inc. in February 2006; THENCE leaving said beginning point so fixed and binding on those lands proposed for annexation into the Town of Greensboro as shown on the above mentioned plat, the following eleven (11) courses and distances; crossing the aforementioned Cedar Lane (1) North 61 degrees 56 minutes 30 seconds East 50.00 feet to a concrete monument set on the northeasterly right-of-way of said Cedar Lane; THENCE binding on the northeasterly right-of- way line of said Cedar Lane the following three (3) courses and distances; BY AND WITH a curve to the left, a distance of 449.26 feet to a point of tangency, said curve having a radius of
11,722.44 feet and scribed by a chord of (2) South 29 degrees 09 minutes 22 seconds East
449.23 feet; (3) South 30 degrees 12 minutes 22 seconds East 758.57 feet to a point; (4) South
30 degrees 27 minutes 15 seconds East 154.13 feet to a concrete monument set along the existing Town boundary line, pursuant to Resolution 1986-R-3, adopted January 8, 1987;
 
THENCE binding on the existing Town boundary line pursuant to Resolution 1986-R-3, the following two (2) courses and distances; (5) South 39 degrees 43 minutes 44 seconds West
5.54 feet to a point; (6) South 30 degrees 24 minutes 56 seconds East 1,140.66 feet to an iron pipe found along the existing Town boundary line, as established by Ordinance No. 18, adopted June 17, 1947; THENCE binding on the existing Town boundary line, as established by said Ordinance No. 18 and the aforementioned 1969 annexation, the following five courses and distances; (7) North 60 degrees 00 minutes 00 seconds West 526.49 feet to a point; (8) North 33 degrees 10 minutes 00 seconds East 240.66 feet to a point; (9) North 30 degrees 27 minutes 15 seconds West 731.83 feet to a point; (10) North 30 degrees 12 minutes 22 seconds West 758.66 feet to a point of curvature; THENCE by and with a curve to the right a distance of 451.15 feet to the place of beginning; said curve having a radius of 11, 772.44 feet and scribed by a chord bearing (11) North 29 degrees 09 minutes 22 seconds West 451.13 feet. CONTAINING in all 3.896 acres of land, more or less, as surveyed by McCrone, Inc., Registered Professional Engineers and Land Surveyors in February 2006.

O. [Adopted 5/20/06 by Resolution No. 2006-R-2] The corporate boundaries of the Town are hereby amended to include the addition of the Annexation Properties, which are described by metes and bounds on two documents prepared by McCrone, Inc., dated April 24, 2006, one entitled “DESCRIPTION OF 49.462 ACRES OF LAND, MORE OR LESS, PROPOSED
FOR ANNEXATION INTO THE TOWN OF GREENSBORO, SECOND ELECTION DISTRICT, CAROLINE COUNTY, MARYLAND” a copy of which is attached hereto as Exhibit B and other entitled “DESCRIPTION OF 0.376 ACRES OF LAND, MORE OR
LESS, PROPOSED FOR ANNEXATION INTO THE TOWN OF GREENSBORO, SECOND ELECTION DISTRICT, CAROLINE COUNTY, MARYLAND”, a copy of which is attached hereto as Exhibit C. From the effective date of the annexation until such zoning is changed as provided by law, the properties hereby annexed into the Town of Greensboro shall be zoned as follows:
Residential Zone R-1:
1. The Board of Education (Greensboro Elementary School), 625 North Main
Street, Caroline County Tax Map 14, Parcel 65;

2. Phyllis S. Harris, 607 N. Main Street, Tax Map 14, Parcel 125;

3. Mabel C. Schmidt, 605 N. Main Street, Tax Map 14, Parcel 128;

4. William G. and Barbara J. Barron, 609 N. Main Street, Tax Map 14, Parcel 124;

5. Curtis L. Harvey and Karen J. Harvey, 504 N. Main Street, Tax Map 14, Parcel
122;

6. Gary C. and Sandra L. Wyatt, 502 N. Main Street, Tax Map 14, Parcel 123. Highway Commerical HC:
7. Muslo, Inc. 13760 Greensboro Road, Tax Map 14, Parcel 88;
 

8. Christopher L. Thomas and Alan J. Mitchell, Tax Map 14, Parcel 90;

9.  William L. and Gladys E. Kinnamon, 13730 Greensboro Rd., Tax Map 14, Parcel 92.
 




















THE CODE
 




















PART I ADMINISTRATIVE LEGISLATION
 
Chapter 1

GENERAL PROVISIONS



ARTICLE I Adoption of Code

ARTICLE II Definitions; General Penalty

§ 1-14. Definitions and word usage.
§ 1-15. General penalty.

[HISTORY: Adopted by the Town Council of the Town of Greensboro: Art. 11, 7/6/1981 as
Ch. 1, Art. II, Secs. 2 and 8, of the 1981 Code. Amendments noted where applicable.]



ARTICLE I Adoption of Code
[Adopted 8/22/96 as Ordinance No. 1996-O-6]

§ 1-1. Adoption of Code.

The ordinances of the Town of Greensboro of a general and permanent nature, adopted by the Town Council of the Town of Greensboro, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters I through 158 are hereby approved, adopted, ordained and enacted as the "Code of the Town of Greensboro," hereinafter known and referred to as the "Code."

§ 1-2. Code supersedes prior ordinances.

This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force. ,

§ 1-3. Effective date.

All provisions of this ordinance of the Code shall be in full force and effect on and after August
22, 1996.

§ 1-4. Copy of Code on file

A copy of the Code in loose-leaf or post binder form has been filed in the office of the Town Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance, and if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Town of Greensboro by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the Office of the Clerk of the Town, to be made available to persons desiring to examine the same during all times while the Code is in effect.

§ 1-5. Amendments to Code.
 

Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the Town Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Greensboro" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose- leaf or post binder book containing said Code as amendments and supplements thereto.

§ 1-6. Publication and filing,

The Town Clerk of Town of Greensboro, pursuant to law, shall cause to be published, in the manner required, a notice of the passage of this ordinance in a newspaper of general circulation in the Town. Sufficient copies of the Code shall be maintained in the Office of the Clerk for inspection by the public at all times during regular office hours. Publication of such notice coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-7. Code book to be kept up-to-date.

It shall be the duty of the Clerk, or someone authorized and directed by the Clerk, to keep up-to- date the certified copy of the book containing the Code required to be filed in the Clerk's office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification, which shall be adopted specifically as part of the Code, shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code books, at which time such supplements shall be inserted therein.

§ 1-8. Sale of Code book,

Copies of the Code book containing the Code may be purchased from the Clerk upon the payment of a fee to be set by resolution of the Town Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-9. Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Greensboro to be misrepresented thereby. Any violation of this section shall be punishable as a misdemeanor, the penalty for which shall be a fine not to exceed one thousand dollars ($1,000.) or imprisonment for a term not to exceed six (6) months, or both such fine and imprisonment.


§ 1-10. Severability of Code provisions.

Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or parts thereof.

§ 1-11. Severability of ordinance provisions.
 

Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1- 12. Repeal of ordinances.

All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided.

§ I- 13. Ordinances  saved from repeal.

The adoption of this Code and repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

A.  Any ordinance adopted subsequent to January 25, 1996.

B.  Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.

C.  Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provisions or any penalty, punishment or forfeiture which may result therefrom.

D.  Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision.
E.  Any franchise, license, right, easement or privilege heretofore granted or conferred. F.  Any ordinance providing for the laying out, opening, altering, widening, relocating,
straightening, establishing of grade, changing of name, improvement, acceptance or vacation
of any right-of-way, easement, street, road, highway, park or other public place or any portion
thereof.

G.  Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the town's indebtedness.

H.  Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.

I.    The levy or imposition of taxes, assessments or charges.

J.    The dedication of property or approval of preliminary or final subdivision plats.

K.  Ordinances establishing the amount and manner of payment of salaries or compensation of officers and employees, establishing workdays and working hours of certain employees and providing for holidays and vacations for employees and keeping of employment records.
 

L.  Any legislation relating to or establishing a pension plan or pension fund for municipal employees.

§ 1- 13. 1. Changes in previously adopted ordinances.

A.  In compiling and preparing the ordinances for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one (1) or more of said ordinances. It is the intention of the Town Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.

B.  In addition, the changes, amendments or revisions set forth in Schedule A, attached hereto and made a part hereof, are made herewith, to become effective upon the effective date of this ordinance.

§ 1- 13. 2. Deposit of copies with state agencies.

Pursuant to 9A of Article 23A of the Maryland Code, a copy of the Code of the Town of Greensboro containing the Charter shall be deposited with the Maryland Department of Legislative Reference.



ARTICLE II Definitions; General Penalty
[Adopted 7/6/1981 as Ch. 1, Art. II, Secs. 2 and 8, of the 1981 Code]

§ 1-14. Definitions and word usage.

In the construction of this Code and all ordinances, the following definitions and rules shall be observed, unless such definitions and rules would be inconsistent with the manifest intent of the Town of Greensboro.

A.  As used in this Code, the following terms shall have the meanings indicated: CHARTER - The Charter of the Town of Greensboro.
CITY - May be used interchangeably with the words "town" or "municipality."

COUNCIL - When used as "the Council" or "this Council," the Council of the Town of
Greensboro.
COUNTY - When used as "the county" or "this county," Caroline County, Maryland. COMPUTATION OF TIME - When expressing the time within which an act is to be done shall be
computed by excluding the last day, and if the last day is a Sunday or legal holiday, that shall be excluded.
 

GENDER - When used as the masculine gender shall include the feminine and neuter genders.

JOINT AUTHORITY - When prescribing the authority of any official group of three (3) or more persons shall, unless otherwise provided, be construed as giving this authority to a majority of the group.

MAY - When used shall be construed as permissive. MAYOR - The Mayor of the Town of Greensboro. MONTH - A calendar month.
MUNICIPALITY - May be used interchangeably with the words "city" and "town."

NUMBERS - When used in the singular shall include the plural, as the plural use will include the singular.

OATH - Shall be construed to include an affirmation or declaration in all cases in which by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

OWNER - When applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land.

PERSON - Shall include a corporation, company, partnership, association or society as well as a natural person.
PROPERTY - Includes real and personal property.

SIDEWALK - Any path or way, paved or unpaved, whether publicly or privately owned, intended for public use by pedestrians.

STATE - When used as "the state" or "this state," the State of Maryland.

STREET - Includes any public ways, roads, highways and avenues within the town intended for use by vehicles.

TENANT; OCCUPANT - When applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.

TOWN - When used as "the town" or "this town," the Town of Greensboro. YEAR - A calendar year, except when referring to a fiscal year.
 
Word usage.

(1) "Shall" shall be construed as mandatory

(2) Time. The past or present tense shall include the future, as well as the past and present.

§ 1-15. General penalty. [Amended 9/28/1995 by Ordinance No. 1995-0-12]

A.  Misdemeanor. Whenever in this Code any act is prohibited or is made or declared to be a misdemeanor or whenever in this Code the doing of any act is required and the failure to do such act is declared to be a misdemeanor, where no specific penalty is provided therefore, a violation of any such provision of this Code shall be punishable by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for not more than six (6) months, or both such fine and imprisonment in the discretion of the court.

B.  Municipal infraction. Whenever in this Code or whenever in any rule, regulation or order promulgated by any officer or agency of the town under authority vested in such officer or agency by this Code any act is prohibited or is made or declared to be unlawful or an offense, but is not expressly declared in this Code to be a misdemeanor, or whenever in this Code or whenever in any rule, regulation or order so promulgated the doing of any act is required and the failure to do such act is declared to be unlawful or an offense, but is not expressly declared in this Code to be a misdemeanor then such offense shall constitute a municipal infraction, punishable as a civil offense. A fine not to exceed one thousand dollars ($1,000.) may be imposed for each municipal infraction. The fine is payable to the town by the person charged in the citation within twenty (20) calendar days of service of the citation in the manner prescribed, and subject to the limitations set forth, in Article 23A, § 3, Annotated Code of Maryland, or corresponding future provision thereof.

C.  Continuing violation. Whether an offense is declared to be a misdemeanor or a municipal infraction, in each such event each day that a violation shall continue of any provision of this Code or of any rule, regulation or order promulgated by any officer or agency of the town under authority vested in such officer or agency by this Code shall constitute a separate offense, and a conviction (in the case of a misdemeanor) or a judgment (in the case of a
municipal infraction) for one (1) violation shall not be a bar to a conviction or judgment (as the case may be) for a continuation of the offense subsequent to the first or succeeding convictions or judgments.

D.  Maximum penalties. In the event that the maximum penalties set forth in Article 23A, § 3, of the Annotated Code of Maryland, are hereafter increased or decreased by the State Legislature, the maximum penalties hereunder shall be automatically adjusted to the maximum allowed by such legislation without action by the Council.

§ 1-16. Unpaid fees to be collectible  as a lien against real estate: [ Adopted 7/8/1998 as
Ordinance No. 1998-O-6]
 
All fees assessed by the Town against a property owner arising under Chapter 57, Chapter 111, Chapter 121, Chapter 127 or Chapter 135 of the Code of the Town of Greensboro shall constitute a lien against all real property of such owner within the Town and shall be collectible in the same manner as is provided for the collection of municipal real estate taxes.

§1-17. Code Enforcement Officer

A.  Whenever a provision of this Code refers to a Building Official, Code Official, or Zoning Official, or wherever a provision of this Code requires an action to be taken on behalf of the Town to enforce a regulatory provision of this Code where enforcement authority (i) has not been delegated to the Fire Official or the Animal Control Officer, and (ii) does not require the potential exercise of police arrest power and (iii) is not a public safety provision which has traditionally been enforced by the police department, then such enforcement shall be the responsibility of the Code Enforcement Officer.

B.  The Council may, by resolution,

1.  Further define and restrict the position of Code Enforcement Officer;

2.  Appoint an individual to act as Code Enforcement Officer;

3.  Appoint one or more Assistant Code Enforcement Officers who, in the absence of the Code Enforcement Officer, shall exercise all the authority delegated in the Code to the Code Enforcement Officer, or such limited portion of such authority as the Council, by resolution, may delegate.
 
Chapter 6

ETHICS, CODE OF

§ 6-1. Applicability.
§ 6-2. Ethics Council.
§ 6-3. Conflicts of interest.
§ 6-4. Financial disclosure.
§ 6-5. Lobbying disclosure.
§ 6-6. Enforcement.
6-7. Elected Officials Prohibited from Employment by the Town
Letter From State Ethics Commission

[HISTORY: Adopted by the Town Council of the Town of Greensboro  7-6-1981 as Ch. VI of the 1981 Code. Amendments noted where applicable.]



§ 6-1. Applicability.

The provisions of this chapter shall apply to the following Greensboro officials and employees: A.  Mayor.
B.  Council persons. C.  Clerk/Treasurer.
D.  Assistant Clerk/Treasurer. E.  Town Engineer.
F.  Police Chief.

G.  Police officers.

H.  Town maintenance personnel. I.    Waste treatment plant operator J.    Town Manager
K.  Other town employees

§ 6-2. Ethics Council.
 
There shall be a Greensboro Ethics Council, which shall be composed of three (3) members appointed by the Mayor. The Council shall be advised by the Attorney for the Town of Greensboro and shall have the following responsibilities:

A.  To devise, receive and maintain all forms generated by this chapter.

B.  To provide published advisory opinions to persons subject to this chapter as to the applicability of the provisions of this chapter to them.

C.  To process and make determinations as to complaints filed by any person alleging violations of this chapter.

D.  To conduct a public information program regarding the purposes and application of this chapter.

§ 6-3. Conflicts of interest.

Greensboro officials and employees who are subject to this chapter shall not:

A.  Participate on behalf of the Town of Greensboro in any matter which would have a direct financial impact on them, their spouse or dependent child or a business entity with which they are affiliated.

B.  Hold or acquire an interest of either ten thousand dollars ($ 1 0,000.) or twenty-five percent (25%) greater in a business entity that has or is negotiating a contract of three thousand dollars ($3,000.) or more with the Town of Greensboro or is regulated by their agency.

C.  Be employed by a business entity that has or is negotiating a contract of more than twenty thousand dollars ($20,000.) with the Town of Greensboro or is regulated by their agency.

D.  Represent any party, for a contingent fee, before any town body.

E.  Within one (1) year following termination of town services, act as a compensated representative of another in connection with any specific matter in which they participated substantially as a town official or employee.

F.  Solicit or accept gifts of greater than fifty dollars ($50.) in value from any person that has or is negotiating a contract with the town or is required by their agency, except where such gifts would not present a conflict of interest as determined by the Council.

G.  Use the prestige of their office for their own benefit or that of another.

H.  Use confidential information acquired in their official town position for their own benefit or that of another.
 
I.    Use confidential information acquired in their official town position for their own benefit or that of another.

§ 6-4. Financial disclosure.
 
A.  The town officials and employees and candidates for offices listed in Subsection B of this section shall file annually, no later than January 31 of each calendar year during which they hold office, a statement with the Council disclosing any gifts received during the preceding calendar year from any person having a contract with the town or any person regulated by their agency. The statement shall identify the donor of the gift and its approximate retail value at the time of receipt.

B.  Officials and employees required to file.

1.  Mayor.

2.  Council persons.

3.  Clerk/Treasurer.

4.  Assistant Clerk/Treasurer.

5.  Town Engineer.

6.  Police Chief.

7.  Police officers.

8.  Town maintenance personnel.

9.  Waste treatment plant operator.

10. Other town employees.

C.  All town officials and employees subject to this chapter shall file a statement with the Council disclosing any interest or employment, the holding of which would require disqualification from participation pursuant to the following:

1.  Disqualification.

a.   The disqualification provision of this chapter prohibiting official participation by covered officials and employees in municipal matters the outcome of which would have a direct economic impact on the official or employee, his spouse or dependent child or a business entity with which the official or employee is affiliated, depending on local circumstances, threshold levels of value of the official's interest in the matter could be established.

b.  A provision allowing participation where the potential conflict is disclosed and no other official act may be established.

2.  Exemption provisions may also be established allowing waiver of the disqualification requirement where no conflict of interest or where the interest of the official or other
 
person is found to be too remote and insubstantial to affect the integrity of this public action.

§ 6-5. Lobbying disclosure.

A.  Any person who personally appears before any town official or employee with the intent to influence that person in performance of his official duties and who, in connection with such intent expends or reasonably expects to expend in a given calendar year in excess of two hundred forty dollars ($240.) on food, entertainment or other gifts for such officials, shall file a registration statement with the Council no later than January 15 of the calendar year or within five (5) days after first making such appearances.

B.  The registration statement shall include complete identification of the registrant and of any other person on whose behalf the registrant acts. It shall also identify the subject matter on which the registrant proposes to make such appearances.

C.  Registrants under this chapter shall file a report within thirty (30) days after the end of any calendar year during which they are registered disclosing the value, date and nature of any food, entertainment or other gift provided to a town official or employee. Where a gift or series of gifts to a single official or employee exceeds two hundred forty dollars ($240.) in value, the official or employee shall also be identified.


§ 6-6 Enforcement.

A.  The Council may issue a cease and desist order against any person found to be in violation of this chapter and may seek enforcement of such order in the Circuit Court of Caroline County.

B.  A town official or employee found to have violated this chapter may be subject to disciplinary or other appropriate personnel action, including suspension of town salary or other compensation.

C.  Violation of this chapter shall be a misdemeanor subject to a fine of up to five hundred dollars
($500.) but not less than five dollars ($5.) or imprisonment of up to one (1) year, or both.

Letter From State Ethics Commission

July 19, 1984

Gale P. Nashold, Vice Mayor
Town of Greensboro
P.O. Box 340
Greensboro, Maryland 21639

Dear Mr. Nashold:

On July 10, 1984 the State Ethics Commission considered your request to be exempted from Title
6 of the Public Ethics Law (Article 40A, Annotated Code of Maryland), which sets out requirements for enactment of local ethics laws by counties and municipalities.
 
In making its decision the Commission considered the exemption or modification request, the supplementary questionnaire submitted by your jurisdiction, the provisions of the Ethics Law, and other available information and materials. As you know, in order for an exemption to be granted, the Commission must determine that, because of the size of the municipality, the application of the Law would create an unreasonable invasion of privacy, would significantly reduce the availability of qualified persons for public service, and that the requirements are not necessary to preserve the purposes of the Ethics Law.

As a result of its review, the Commission determined that the Town of Greensboro could be exempted from the requirements of the Ethics Law, to the extent that its Ordinance submitted on February 17, 1982 could be approved as is.

If you need any additional information, do not hesitate to call. Sincerely,
John E. O'Donnell
Executive Director

6-7 Elected Officials Prohibited from Employment by the Town.

A. Definitions – For the purpose of this section, the following terms shall have the meaning assigned to them below:

1.  “Elected Official” shall mean the Mayor and each of the members of the Town
Council.
2.  “Employee” shall include all persons receiving remuneration for performing services to the Town as an employee thereof, regardless of whether such employment is on a full-time or part-time basis, and regardless of whether such employment is a salaried, hourly-rate or a contact employee, but shall not include a person whose sole position with the Town is as a paid member of the Board of Elections or as an unpaid volunteer serving as a member of town boards and commissions created by the Town Council.

B. Incompatible position – The office of Elected Official is hereby declared to be incompatible with employment by the Town as an Employee thereof.

C. Prohibition – From and after the date an elected official assumes office, and until the expiration of his or her term, no elected official shall be employed, or continued in employment, as an employee of the Town.
 
Chapter 18
OFFICERS AND EMPLOYEES ARTICLE I Police Commissioner
§ 18-1. Position created; qualifications.
§ 18-2. Powers and duties.
§ 18-3. Compensation. ARTICLE II Manager
§ 18-4. Position created.
§ 18-5. Powers and duties.
§ 18-6. Compensation.

[HISTORY: Adopted by the Town Council of the Town of Greensboro: Art. I, 7/5/1983. Art. II, 3/3/05 by Ordinance No. 2005-O-2.

 

Police department - See Ch.27
 
GENERAL REFERENCES
 



ARTICLE I Police Commissioner [Adopted 7/5/1983]

§ 18-1. Position created; qualifications.

The Mayor and Council hereby create the position of Police Commissioner and shall appoint an individual with a sincere interest in law enforcement with administrative abilities. The individual must reside within a ten-mile radius of the Town of Greensboro and may be a Council person and/or employee of the town. The appointee shall be an individual that will be resolute in carrying out the duties of Police Commissioner and not be influenced by outside intervention.

§ 18-2. Powers and duties.

The Police Commissioner shall be the Chief Administrator of the Department and a liaison between the Department and the Council and the Department and the public. He will function administratively in the absence of the Chief. He will avail him/herself of any opportunity to better acquaint him/herself in all areas of police work so as to have a better understanding of the work of the Department. He/she will handle all public relations for the Department and, in working with the Council and Chief, establish guidelines for orderly and efficient operation of the Department.

§ 18-3. Compensation.
 
The Police Commissioner may be compensated from time to time for necessary and proper expenses incurred while performing his duties, the amount to be fixed by the Mayor and Council.



ARTICLE II Manager
[Adopted 3/3/05 by Ordinance No. 2005-O-2]



§ 18-4. Position created.

The Mayor shall be assisted in the management of the affairs of the Town by a Town Manager. The Council, by resolution, shall appoint an individual with a sincere interest in municipal government administration, who shall serve at the pleasure of the Mayor and Council.

§ 18-5. Powers and duties.

The Town Manager shall have such duties as shall be assigned to him or her by the Council by resolution.

§ 18-6. Compensation.

The Town Manager shall be compensated for the performance of his or her duties in an amount to be fixed by the Commissioners by resolution.
 
Chapter 27
POLICE DEPARTMENT

ARTICLE I Police Mutual Aid

§ 27-1. Findings.
§ 27-2. Agreement approved.
§ 27-3. Execution of agreement.

[HISTORY: Adopted by the Town Council of the Town of Greensboro: Art. 1, 10/27/1994 as
Ordinance No. 1994-0-11. Amendments noted where applicable.]

GENERAL REFERENCES Police Commissioner - See Ch. 18, Art 1.
ARTICLE I Police Mutual Aid
[Adopted 10/27/1994 as Ordinance  No. 1994-0-11]

§ 27-1. Findings.

The town is authorized by Article 27, § 602B, of the Annotated Code of Maryland to enter into cooperative agreements with other municipalities to render mutual aid, by which the liability of
the respective municipalities is limited to responsibility for the action of each municipality's police force; and the police forces of Caroline County and certain municipalities within the county have arrived at an agreement setting forth appropriate protocols for requesting and for rendering mutual aid and for assigning liability for the actions of an office rendering assistance and have advised
that such agreement be adopted by their respective municipalities; and having received such
advice and request from the police of the town, the town has determined that such an agreement is in the best interests of the town.

§ 27-2. Agreement approved.

A police mutual aid agreement with other local municipalities in the form of the agreement attached to this chapter and incorporated herein be and the same is hereby approved [Editor's Note: Such agreement is on file and available for inspection in the town offices].

§ 27-3. Execution of agreement.

The Mayor of the town be and is hereby authorized to execute, acknowledge and deliver such agreement to said County Commissioners.
 
Chapter 33
UTILITIES BOARD

§ 33-1. Board created.
§ 33-2. Composition; membership.
§ 33-3. Compensation.
§ 33-4. Powers and duties.

[HISTORY: Adopted by the Town Council of the Town of Greensboro 7-5-1983 (Ch. IV. Art. 1, of the 1981 Code). Amendments noted where applicable.]



§ 33-1. Board created.

There shall be created a Board known as the "Greensboro Utilities Board."

§ 33-2. Composition; membership.

The Board shall consist of not more than five (5) members and not fewer than three (3) members appointed by the Mayor and Council, for terms of five (5) years each, and the Mayor and Council shall appoint the Chairperson. Those appointed to the Utilities Board shall be a resident of the Town of Greensboro and shall have lived in the town for at least six (6) months. Members may be removed from the Board for cause by the Mayor and Council after a hearing before the same.

§ 33-3. Compensation.

The members of the Greensboro Utilities Board shall serve without compensation. The members of the Greensboro Utilities Board may be reimbursed for expenses incurred in carrying out their duties as Board members, such as travel to out-of-town meetings that relate to water and sewer and the cost of conferences.

§ 33-4. Powers and duties.

The Utilities Board shall serve at the discretion of the Mayor and Council. The duties and responsibilities of this Board shall consist of the following:

A.  Rate structure. To research, develop, prepare and keep current an analysis of the cost of operating and maintaining the town's water and sewer system and to advise the Mayor and Council of any needed changes to the current rate structure.

B.   Operation and maintenance. On a regular basis to be determined by the Utilities Board to meet with the Town Engineer to review the day-to-day operation of the system. To help set up and supervise a preventative maintenance program and along with the Town Engineer recommend to the Mayor and Council any changes or modifications needed to keep the system operating
in an efficient manner.
 
C.   Improper use; complaints; violations. Any and all complaints regarding rates, improper usage of the system, violations, etc., shall first be presented to this Board in writing. After reviewing said complaints, the Utilities Board will then present to the Mayor and Council its recommendations as to the best way to resolve the aforementioned irregularities.

D.  Public hearings. At the request of the Mayor and Council, this Board may also conduct any public hearing that is required with regard to rate increases, changes or modifications to the system and any other matter deemed necessary to put before the citizens of the Town of Greensboro relating to the water and sewer system.

E.   Expenditures. Any and all expenditures relating to the water and sewer system must be turned into the Town Clerk on or before the last working day of each month. The Utilities Board may, at this time, make recommendations for disposition of these expenditures to the Mayor and Council. All expenditures are subject to approval, and no expenditure may be incurred without said approval by the Mayor and Council.

F.    Budget. The Utilities Board may, at the request of the Mayor, prepare an annual water system and sewer system budget to be submitted to the Mayor and Council.
 
Chapter 37

VOTING, ABSENTEE

§ 37-1. Qualified persons.
§ 37-2. Application for ballot.
§ 37-3. Marking ballot.
§ 37-4. Ballot envelopes.
§ 37-5. Receipt of ballots.
§ 37-6. Counting of ballots.

[HISTORY: Adopted by the Town Council of the Town of Greensboro  7-6-1981 as Ch. VII, Art.I, Secs. 1 through 6, of the 1981 Code. Amendments noted where applicable.]



§ 37-1. Qualified persons. [Amended by Ordinance No. 2003-O-4, adopted 7/1/03]

A registered voter may vote by absentee ballot if the voter:

1.  Is in the military service and on active duty on Election Day;

2.  May be absent from the Town of Greensboro on Election Day;

3.  Because of an accident, illness or physical disability will be unable to go to the polling place on Election Day;

4.  Because of a death or serious illness in the voter’s immediate family, will be unable to go to the polling place on Election Day.

§ 37-2. Application for ballot.

A qualified voter of the town desiring to vote at any town election as an absentee voter shall make application in writing to the Town Clerk for an absentee ballot, which application must be
received not later than five (5) days before the election.

§ 37-3. Marking ballot.

Upon receipt of said application, the Town Clerk shall promptly mail or deliver a ballot to the qualified applicant which shall be marked at the top "Absentee Ballot." Underneath these words shall be printed the following instructions:
Mark ballot by placing an "x" in proper blank after each candidate or question.

§ 37-4. Ballot envelopes.

Two (2) envelopes shall be provided with absentee ballots:
 
A.  Return envelope. One (1) envelope shall be known as the "return envelope" and shall be addressed "Judges of the Town Election, Greensboro, Maryland."

B.  Ballot envelope. The other envelope shall be known as the "ballot envelope" and shall contain the town absentee ballot.

§ 37-5. Receipt of ballots.

All ballots must be received by the judges of the town election not later than the closing of the polls on the town election day. Ballots not received prior to such closing will not be counted.

§ 37-6. Counting of ballots.
The judges of the town election shall not open or unfold any ballot envelope prior to the closing of
the polls and the beginning of all ballots. No absentee ballot shall be rejected except by unanimous vote of the judges of the election.
 














PART II



GENERAL LEGISLATION
 
Chapter 43

ALCOHOLIC BEVERAGES

§ 43-1. Consumption on public property; possession of open container.
§ 43-2. Violations and penalties.

[HISTORY: Adopted by the Town Council of the Town of Greensboro  7-6-1981 as Ch. III, Art. VI, of the 1981 Code. Amendments noted where applicable.]



§ 43-1. Consumption on public property; possession of open container.

It shall be unlawful for any person to drink any alcoholic beverage in any public place, building, street, alley, sidewalk or parking lots, unless said place is licensed by law to serve such beverage, or to have in his or her possession in a car or any other means of transportation in the Town of Greensboro an open container of any alcoholic beverage ("open" to mean hole punched in container, seal broken or top removed).

§ 43-2. Violations and penalties. [Amended 9-28-1995 by Ordinance No. 1995-0-12]

Violation of any of the provisions of this chapter shall constitute a municipal infraction.
 
Chapter 47

ANIMALS

§ 47-1. Applicability of county provisions.
§ 47-2. Definitions.
§ 47-3. Humane treatment required.
§ 47-4. Keeping enumerated animals prohibited
§ 47-5. Animals running at large or unattended
§ 47-6. Animal carcasses
§ 47-7. License required; rabies vaccination
§ 47-8. Impoundment
§ 47-9. Female dogs in season; impoundment; redemption
§ 47-10. Suspected rabid dogs
§ 47-11. Impoundment service fees
§ 47-12. Liability for impounding fees
§ 47-13. Interference with authorized person prohibited
§ 47-14. Kennels
§ 47-15. Fierce animals
§ 47-16. Penalties

[HISTORY:  Adopted by  the Town  Council of  the Town  of  Greensboro  10-5-1995 as
Ordinance No. 1995-0-14 (Ch. III, Art. VII, of the 1981 Code). Repealed and re-enacted 1-8-
98 as Ordinance  No. 1997-O-15. Amendments  noted where applicable.]



§ 47-1. Applicability of county provisions.

Section 32A, Article 6, Animal Control, of the Public Local Laws of Caroline County, Maryland, or corresponding future provision thereof, shall apply within the corporate limits of the Town of Greensboro. Whenever in this Chapter, the Town Animal Control Officer is directed to perform any act which the County Ordinance requires be performed by the County Animal Control Officer, the Town Animal Control Officer may refer the performance of such act to the County Animal Control Officer unless otherwise directed by the Mayor.

§ 47-2. Definitions. [Editor's Note: Amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. 1.]

For the purpose of this Ordinance, the following words and phrases shall have the meanings indicated:

ANIMAL - Every species of animal except man.

AT LARGE - An animal shall be deemed at large whenever the animal is not on the owner's property or under the immediate physical control of a responsible person capable of physically restraining the animal, either by leash, cord, chain or similar means.
 

FIERCE ANIMAL - Any animal which is known in fact, or which must necessarily be known, by the one who keeps it to be likely to inflict serious damage. It includes animals which, by reason of their species or breed, are by nature and selective breeding ferocious, mischievous or intractable, as well as those species or breeds which are normally harmless but which has demonstrated a dangerous propensity in the one animal in question.

KEEPING or HARBORING - The act or sufferance either of feeding or sheltering an animal on the premises of the occupant or the owner thereof.

OWNER - Any person, firm or corporation having a property right in an animal or any person who keeps or harbors an animal or has or has had it in his or her care or acts as custodian or permits it to remain on or about any premises controlled or occupied by him for more than two (2) weeks.

PUBLIC NUISANCE - Any animal found repeatedly making loud or objectionable sounds, damaging property, molesting passersby, chasing vehicles or acting in any manner which is deemed to be doing damage to property or to the public health and well-being or which is known to have bitten two (2) or more persons or shall have been determined by the County Animal Control Officer, the County Public Health Officer or the town police to be a detriment to public health, welfare or safety shall be deemed to be a public nuisance. If a dead animal is not properly disposed of and is deemed to be a "public nuisance" by reasons of its appearance, odor or for public health reasons, its owner may be charged with maintaining a "public nuisance" by the County Animal Control Officer, the County Public Health Officer or the town police.

TOWN ANIMAL CONTROL OFFICER - Any person designated as such by the Mayor.

§ 47-3. Humane treatment required.

A.  Owners of animals shall provide each animal with sufficient food and water and provide shelter from sunlight, rain, snow and cold. Veterinary care shall be provided as needed in order to prevent suffering and to give humane care and treatment.

B.  No person shall poison or attempt to poison any animal other than rodents.

C.  Any person who strikes an animal with an automobile or who injures an animal in any way, accidentally or otherwise, shall notify the Greensboro Police Department. [Amended 10-12-
1999 by Ordinance No. 1999-O-13]

D.  No person shall mistreat or abandon any animal.

E.  Owners shall exercise care and control of all animals so as to prevent the same from becoming a public nuisance.

F.  Any  Maryland-licensed  veterinarian  is  hereby  authorized  to  immediately  and  humanely
 
identified or contacted.

G.  The owner of an animal shall be responsible for the removal of any excretion deposited by the animal on public walks or roads, recreation areas or private property.

H.  While in heat, every female dog shall be kept confined in a building or secured enclosure by the owner in such a manner that she will not be in contact (except for intentional breeding purposes) with another dog or create a public nuisance by attracting other dogs.

§ 47-4. Keeping enumerated animals prohibited.

The breeding, feeding, pasturing and/or penning of horses, hogs, pigs or poultry and the maintenance of stables, chicken coops, piggeries, pig pens or pig runs within the limits of the Town is hereby prohibited.

§ 47-5. Animals running at large or unattended.

It shall be unlawful for any person to permit an animal to be turned loose or to be allowed to run at large within the Town limits, or to leave a draft animal whether hitched to a vehicle or not, to stand upon any street or alley without being securely tied or fastened or in the immediate custody of the owner, driver or some competent person.

§ 47-6. Animal carcasses.

It shall be unlawful for any owner of any dead horse, cow, sheep or other animal carcass, to permit the same to lie within the Town limits longer than a reasonable time for removing or burying the same.

§ 47-7. License required; rabies vaccination.

No person shall own or have custody of any dog over four (4) months of age unless the dog is licensed by Caroline County in accordance with Caroline County public local laws, and has been vaccinated against rabies in a procedure approved by the Maryland Department of Health and Mental Hygiene.  This provision shall not apply to dogs in the Town owned by a non-resident, provided the dogs are duly licensed in their home city, county, or state, and providing the owner sends a valid rabies vaccination certificate for the dog while the dog is in Town.

§ 47-8. Impoundment.

§ 47-8.1 It shall be unlawful for the owner to permit his dog to run at large or to permit his animal to constitute a public nuisance.

§ 47-8.2 Whenever any person finds a dog running at large with or without a license tag, or believes an animal constitutes a public nuisance, he may notify any Town animal Control Officer, who may cause the animal to be taken and impounded.  Upon the capture of any dog, the Animal
 
ascertained through license records, if any, or otherwise.  The dog may be confined and disposed of either by destroying or being offered for adoption if not identified and claimed within five (5) days after its capture.  No owner may claim his dog unless and until all charges incident to the confinement of the dog shall be paid.   Dogs found “at large” and unlicensed which during the episode have bitten a human shall not be released from impoundment, except as authorized by a court order but shall become the property of the Town and shall be humanely destroyed after 72 hours and its brain tested for rabies.

§ 47-9. Female dogs in season; impoundment; redemption.

Female dogs in heat found running at large shall be taken and impounded.  Any female dog so captured may be redeemed by the owner thereof upon payment of the impoundment service fee as provided in Section 47-11.  If the same dog, belonging to the owner, shall be impounded for a second time within 12 months, the dog cannot be reclaimed by the owner thereof unless the owner shall pay for the spaying of the dog within one week after notice.

§ 47-10. Suspected rabid dogs.

§ 47-10.1. If a dog is believed to have rabies, or has been bitten by a dog suspected of having rabies, the dog or dogs shall be confined by a leash or chain on the owner premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of two (2) weeks.   The owner shall notify the Animal Control Officer of the fact that his dog has been exposed to rabies and at his discretion the Animal Control Officer is empowered to have the dog removed from the owner’s premises to a veterinary hospital and there placed under observation for a period of 12 weeks at the expense of the owner.

§ 47-10.2.  It shall be unlawful for any person knowing or suspecting a dog to have rabies to allow the dog to be taken off his premises or beyond the limits of the Town without the written permission of the Animal Control Officer.  Every owner, or other person, upon ascertaining a dog is rabid shall immediately notify the Animal Control Officer who shall either remove the dog to the pound or, if required under the circumstances, summarily destroy it.

§ 47-11. Impoundment service fees.

Whenever a dog is impounded pursuant to this Article or any other provision of the law, the owner thereof shall pay an impounding fee of $50.00 for a dog with a valid license and $100.00 for a dog subject to license and without a current valid license and costs of any required veterinary services, and furnish satisfactory evidence that the dog is licensed before release.

§ 47-12. Liability for impounding fees.

Where the owner of an impounded dog can be ascertained the owner shall be liable for the impounding fee and other proper charges even in cases wherein the dog is disposed of pursuant to this Article.

§ 47-13. Interference with authorized person prohibited.
 
No person shall attempt to interfere with the Animal Control Officer, Animal Warden, or any other authorized person in the performance of their duties; nor shall any person attempt to or release without authority any animal impounded pursuant to the animal control laws of the Town.

§ 47-14. Kennels

§ 47-14.1. Any structure or place used for housing, maintaining, or breeding of three (3) or more dogs (or other animals) for which a fee is charged, or five (5) or more dogs whether or not a fee is charged, shall be deemed a “commercial kennel.”

§ 47-14.2. It shall be unlawful to maintain any kennel, commercial or otherwise, within the corporate limits of the Town that becomes a nuisance. If upon an investigation by the Town or County Animal Control Officer, a kennel is found to be a nuisance, it shall be the owner’s duty to close the kennel and remove the dogs or bitches from the corporate limits of the Town within 24 hours.  Upon failure of the owner to comply, the Animal Control Officer shall have the dogs or bitches impounded; however, nothing in this Section is intended to interfere with the proper operations of animal hospitals.

§ 47-15. Fierce  animals.  [Amended  10-17-98 by Ordinance  No. 1998-O7, Repealed  and reenacted 1-1-1999 as Ordinance No. 1998-O-9]

§ 47-15.1      Purpose and Intent.

The purpose of this Section is to promote the public health, safety, and general welfare of the citizens of the Town of Greensboro. It is intended to be applicable to "dangerous" dogs, as defined herein, and to regulate dogs that are commonly referred to as "pit bulls," as defined herein, by ensuring responsible handling by their owners through registration, confinement, and liability insurance.

§ 47-15.2      Definitions.

(a) Dangerous dog means any dog that, because of its aggressive nature, training, or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term “dangerous dog" includes any dog that according to the records of Caroline County Animal Control or any law enforcement agency:

1.  Has aggressively bitten, attacked, endangered, or inflicted serious injury on a human being on public or private property;

2.  Has severely injured or killed a domestic animal while off the owner's property; or
 
3.  Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.

(b) [Repealed and Re-enacted 3-10-1999 as Ordinance No. 1999-O-2] Board of Animal Control shall consist of three members of the public who have demonstrated an interest in the matter of animal control, appointed by the Mayor and approved by the Council and removable for cause, upon written charges and following a public hearing.

(c) [Repealed and Re-enacted 3-10-1999  as Ordinance No. 1999-O-2] Director means that member of the Board of Animal Control appointed by the Mayor to act as executive director of the Board of Animal Control.

(d) [Repealed and Re-enacted 3-10-1999 as Ordinance No. 1999-O-2] Muzzle means a device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.

(e) [Repealed and Re-enacted 3-10-1999 as Ordinance No. 1999-O-2] Pit bull dog means and includes any of the following dogs:

1.  The Staffordshire Bull Terrier breed of dogs.

2.  The American Staffordshire Terrier breed of dogs.

3.  The American Pit Bull Terrier breed of dogs.

4.  Dogs that have the appearance and characteristics of being predominantly of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.

§ 47-15.3    Procedure for Declaring a Dog Dangerous.

(a) An animal control officer or any adult person may request under oath that a dog be classified as dangerous by submitting a sworn, written complaint on a form approved by the Town Council to the Board of Animal Control. Upon receipt of such complaint, the Board of Animal Control shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.

(b) At the conclusion of an investigation, the Board of Animal Control may:

1.  Determine that the dog is not dangerous and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner; or

2.  Determine that the dog is dangerous and order the owner to comply with the
 
requirements for keeping dangerous dogs set forth in §47.15.7, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within ten (10) business days after a final determination that a dog is dangerous, the Board of Animal Control may cause the dog to be humanely destroyed.

§ 47-15.4    Notification of Dangerous Dog Declaration.

(a) Within five (5) business days after the Board of Animal Control has declared a dog dangerous, the Town Clerk-Treasurer shall notify the owner by certified mail of the dog's designation as a dangerous dog and any specific restrictions and conditions for keeping the dog, as set forth in §47.15.7 of this Ordinance. The Town Clerk-Treasurer also shall notify the Police Department of the designation of any dog as a dangerous dog. Such notification shall describe the dog and specify any particular requirements or conditions placed upon the dog owner,

(b) The notice shall inform the dog owner that he may request, in writing, a hearing to contest the Board's finding and designation within five (5) business days after delivery of the dangerous dog declaration notice.

(c) If the Town Clerk-Treasurer cannot with due diligence locate the owner of a dog that has been seized pursuant to this Ordinance, the Board of Animal Control shall  cause  the  dog  to  be  impounded for  not  less  than  five  (5) business days. If after five (5) days, the owner fails to claim the dog, the Board of Animal Control may cause the dog to be humanely destroyed.

§ 47.15.5    Hearing on Dangerous Dog Declaration.

(a) The Board of Animal Control shall hold a hearing within fifteen (15) business days after receiving the dog owner's written request for such a hearing. The Board shall provide notice of the date, time and location of the hearing to the dog owner by certified mail and to the complainant by regular mail.

(b) At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog's dangerousness. Criteria to be considered in a hearing required by this Section shall include but not be limited to the following:

1.  Provocation,

2.  Severity of attack or injury to a person or domestic animal,

3.  Previous aggressive history of the dog,

4.  Observable behavior of the dog,
 

5.  Site and circumstances of the incident, and

6.  Statements from interested parties.

7.  A determination at a hearing that the dog is in fact a dangerous dog shall subject the dog and its owner to the provisions of this Ordinance.

(c) Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this Ordinance.

§ 47-15.6      Appeal from Dangerous Dog Declaration.

If the Board of Animal control determines that a dog is dangerous at the conclusion of a hearing conducted under §47.15.5, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within five (5) days after receiving notice that the dog has been finally declared dangerous. The appeal must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the Board's determination of dangerousness.

§ 47-15.7      Keeping of Dangerous Dogs.

The keeping of a dangerous dog as defined in Section 47-15.2(a) shall be subject to the following requirements:

(a) Leash.      No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other proper enclosure unless such dog is securely attached to a leash no more than four (4) feet in length. No such person shall permit a dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash.

(b) Muzzle.     It shall be unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog's breathing or vision.

(c) Confinement.  Except when leashed as provided in this Section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosed structure shall meet the following requirements:

1.  The structure must have secure sides and a secure top, or all sides must
 
be at least eight (8) feet high;

2.  The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than one (1)           foot    into    the ground; and

3.  The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.

(d) Indoor Confinement. No dangerous dog shall be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(e) Liability Insurance, Surety Bond. The owner of a dangerous dog shall present to the local law enforcement agency and Caroline County Animal Control proof that he has procured liability insurance or a surety bond in the amount of  not  less  than  one  hundred  thousand  dollars  ($100,000)  covering  any damage or injury that may be caused by such dog. The policy shall contain a provision  requiring that  the  Town  be  notified  immediately by  the  agent issuing  the  policy  in  the  event  that  the  insurance  policy  is  canceled, terminated, or expires. In the event that the owner proves to the satisfaction of the local law enforcement agency that insurance is not available, he may pay a non-refundable cash fee in the amount of one thousand dollars ($1,000) to the Town.

(f) Notification of Escape.  The owner or keeper of a dangerous dog shall notify the local law enforcement agency and Caroline County Animal Control immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.

(g) Failure to Comply. It shall be unlawful and a misdemeanor for any owner of a dangerous dog to fail to comply with the requirements and conditions set forth in this Section. Any dog found to be in violation of this Section shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this Ordinance shall result in the revocation of the dog's license and the permit providing for the keeping of such animal.

§47-15.8    Permit and Tag Required for a Dangerous Dog.

(a) The owner of a dangerous dog shall, within three (3) business days after the classification of the dog as dangerous or upon acquisition of the dog, obtain an annual permit from the Clerk-Treasurer to harbor the dog. The fee for such
 
permit shall be one-hundred dollars ($100) per year.

(b) The permit for maintaining a dangerous dog shall be presented to an animal control officer upon demand.

§47-15.9    Pit Bull Dogs Presumed Dangerous.

There shall be an irrefutable presumption that a pit bull dog is a dangerous dog and is therefore subject to the requirements of this Ordinance.

§47-15.10  Notification of Intent to impound.

(a) When a Greensboro law enforcement person intends to impound a dog declared to be dangerous for violation of Section 47.15.3 he shall notify the owner or custodian of the dog, by personal delivery or by certified mail, of the intended impoundment at least five (5) business days prior to the intended impoundment, except as provided in Section 47-15.11.

(b) The notice of intent to impound shall inform the owner or custodian of the dog that he may request in  writing, within five (5)  business days  prior to  the intended  impoundment, a  hearing  before  the  Board  of  Animal  Control  to contest the intended impoundment and finding of a violation,

(c) Upon request by the owner or custodian of the dog for a hearing pursuant to subsection (b), a hearing shall be held within ten (10) business days after the request for a hearing. Notice of the date, time and location of the hearing shall be provided by certified mail to the dog's owner or custodian requesting such hearing.

(d) If the owner or custodian requests a hearing pursuant to subsection (b), no impoundment shall take place until conclusion of the hearing, except as authorized by Section 47-15.11.

§47-15.11    Immediate Impoundment.

(a) A dog declared to be dangerous may he immediately impounded without a pre- impoundment hearing when a law enforcement person having jurisdiction in the matter or any County Animal Control Officer determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of 47-15.3 or when the dog bites a person or domestic animal,

(b) The  owner  or  custodian  of  the  dog  immediately  impounded  pursuant  to subsection (a) shall be notified of the impoundment by certified wail within five (5) business days after the dog's impoundment.
 
(c) The notice of impoundment shall inform the owner or custodian of the dog that he may request, in writing, a hearing to contest the impoundment within five (5) business days after the mailing of the notice of impoundment.

(d) Upon request by the owner or custodian of the dog for a hearing under subsection (c), a hearing within ten (10) business days after such request. Notice of the date, time and location of the hearing shall be provided by certified mail to the dog owner requesting the hearing.

§47-15.12 Impoundment Hearing.

(a) If after a hearing on impoundment, the Board of Animal Control finds no violation of §47.15.7, or that the dog has not bitten an individual, the dog shall be returned to its owner or custodian if already impounded, or shall not be impounded as intended,

(b) Incident to the findings and conclusions made at the impoundment hearing, the Board of Animal Control may impose reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and the animal. Such conditions may include, but shall not be limited to:

1.  Posting of bond or other proof of ability to respond in damages;

2.  Specific requirement as to size, construction and design of a kennel in which to house the dog;

3.  Requirements as to type and method of restraint and/or muzzling of the dog;

4.  Photo identification or permanent marking of the dog for purposes of identification; and

5.  Payment of reasonable fees to recover the costs incurred by the Town in ensuring compliance with this Ordinance.

§47-15.13 Destruction.

(a) The Board of Animal Control or its designee may order the destruction of a dog that he determines to be extremely dangerous to public health or safety, a dog that has made an extremely vicious attack upon an individual, or a dog declared dangerous whose owner is unable or unwilling to adequately restrain it.

(b) The Board of Animal Control shall give written notice by certified mail of his intention to destroy such dog to the owner or custodian of the dog, who may request in writing, within ten (10) business days after delivery of such notice, a hearing to contest the intended destruction,
 

(c) If no hearing is requested pursuant to subsection (b), the dog shall be destroyed pursuant to applicable provisions of law.

(d) If a hearing is requested pursuant to subsection (b), such hearing shall be held within ten (10) business days after the request; and the dog shall not be destroyed prior to the conclusion of the hearing.

(e) The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the Town to humanely and safely keep the animal during any legal proceeding.

§47.15.14     Appeal from Order of Humane Destruction.

If the Board of Animal Control orders a dangerous dog to be humanely destroyed, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within fifteen (15) days after receiving notice of the destruction order. If an appeal  is  timely  filed,  the  Board  shall  suspend  the  destruction  order  pending  the  final determination of the court, The appeal hearing must be a trial de  novo and shall be a civil proceeding for the purpose of affirming or reversing the Board's destruction order.

§47.15.15     Change of Ownership.

(a) Any owner of a dangerous dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within ten (10) business days after such change of ownership or residence, provide written notification to the Board of Animal Control of  the  name, address and  telephone number of  the  new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog's classification as dangerous to  the person receiving the  dog.  The previous owner shall furnish a copy of such notification to the Board of Animal control along with written acknowledgment by the new owner of his receipt of such notification. The Board of Animal Control shall notify the Police Department of any changes of ownership, custody or residence of the dog within three (3) business days after receiving the required information from the previous owner,

(b) Any person receiving a dog classified as dangerous must obtain the required permit, tag and enclosure prior to acquisition of the dog. The new owner shall comply fully with the provisions of this Ordinance pertaining to obtaining liability insurance, payment of fees, and maintenance, control and ownership of a dangerous dog.

§47.15.16     Continuation of Dangerous Dog Declaration.

Any dog that has been declared dangerous by any agency or department of this town, another
 
municipality, county, or state shall be subject to the provision of this Ordinance for the remainder of its life The person owning or having custody of any dog designated as a dangerous dog by any municipality, county, or state government shall notify the Board of Animal Control of the dog's address and conditions of maintenance within five (5) days of moving the animal into the Town of Greensboro. The restrictions and conditions of maintenance of any dog declared dangerous by this Town, another municipality, county, or state shall remain in force while the dog remains in the City.

§ 47-16. Violations and penalties.

Except as otherwise provided in § 47-15 of this Chapter, any person violating any provisions of this chapter shall be guilty of a municipal infraction.
 
Chapter 53
BICYCLES, MINIBIKES AND SIMILAR VEHICLES ARTICLE I General Provisions
§ 53-1. Definitions.
§ 53-2. Control of bicycles; compliance with traffic regulations.
§ 53-3. Riding on sidewalks prohibited.
§ 53-4. Riding in parks and playgrounds.
§ 53-5. Violations and penalties. ARTICLE II Minibikes
§ 53-6. Restrictions.
§ 53-7. Violations and penalties. ARTICLE III Skateboards
§53-19.  Restrictions.
§53-20. Parental Responsibility.
§53-21.  Authorization to confiscate.

[HISTORY: Adopted by the Town Council of the Town of Greensboro: Art. I, 7-6-1981 as Ch. II, Art. III, of the 1981 Code; Art. II, 7-6-1981 as Ch. VIII, Art. I, of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES Vehicles and traffic - See Ch. 146.



ARTICLE I General Provisions
[Adopted 7-6-1981 as Ch. II, Art. III, of the 1981 Code]

§ 53-1. Definitions.

For the purpose of this Article, the terms used herein are defined as follows:
 
BICYCLE - Any conventional vehicle of one (1), two (2) or more wheels propelled by the rider; or said term as defined in Article 661/2 of the Annotated Code of Maryland. [Editor's Note: See now Sections 11-101 to 27-106 of the Transportation Article of the Annotated Code of Maryland.]

MOTOR VEHICLE - Minibikes, motor bikes, motor scooters, go-carts or other mechanically propelled vehicles of a similar nature, except bicycles as defined herein or in Article 66W2 of the Annotated Code of Maryland.[ Editor's Note: See now Sections 11-101 to 27-106 of the Transportation Article of the Annotated Code of Maryland.]

§ 53-2. Control of bicycles; compliance with traffic regulations.

The rider or operator of a bicycle on any street of the town of Greensboro shall have said vehicle under proper control at all times and shall not operate or propel the bicycle on any of the streets of the town recklessly or at a rate of speed greater than is reasonable and proper and shall not use the streets and highways so as to endanger the property of any person. All operators of bicycles shall at all times comply with all other traffic regulations in force in the Town of Greensboro and the traffic regulations of the State of Maryland.

§ 53-3. Riding on sidewalks prohibited.

It shall be unlawful for any person to ride any bicycle or motor vehicle as defined in this Article on or over the public sidewalks of the town.

§ 53-4. Riding in parks and playgrounds.

It shall be unlawful for any person, operator or group of persons to ride or operate a bicycle or motor vehicle as defined in this Article in any park or playground owned, operated and maintained by the Town of Greensboro, except in those areas as are public ways or public highways or roads and commonly used as such in said park or playground areas.

§ 53-5. Violations and penalties. [Amended 9-28-1995 by Ordinance No. 1995-0-12]

Violations of any of the provisions of this Article shall constitute a municipal infraction.

ARTICLE II Minibikes
[Adopted 7-6-1981 as Ch. VIII, Art. 1, of the 1981 Code]

§ 53-6. Restrictions.

It shall be unlawful to ride or drive, anywhere within the town limits of Greensboro, minibikes, dirt bikes and/or other bikes except mopeds, bicycles or other vehicles authorized to be operated on the streets or highways of Maryland.

§ 53-7. Violations and penalties. [Amended 9-28-1995 by Ordinance No. 1995-0-12]
 
Violations of any of the provisions of this Article shall constitute a municipal infraction.



ARTICLE III Skateboards

§53-19.  Restrictions.

It shall be unlawful for any person to ride, propel, push, skate, or otherwise use a skateboard on any public way, street, alley, sidewalk, parking lot, or other public property (except for public skateboard facilities and publicly sponsored or authorized skateboard events) within the corporate boundaries of the town.

§53-20. Parental Responsibility.

A.  No parent shall knowingly permit, nor by insufficient control allow, any minor between the ages of six and sixteen to violate the provision of Section 53-19.

B.  Any police officer who finds a minor violating this section shall obtain from such minor the minor’s name, address, hone telephone number and age and name, addresses and telephone number of the minor’s parent or parents. The Greensboro Police Department shall promptly cause a written notice to be mailed or delivered to the parents advising of the violation. Such notice shall be mailed to a parent by certified mail, postage prepaid, return receipt requested. Or by personal delivery. Such mailing or delivery may be shown by the records of the Greensboro Police Department made in the regular course of its business.

C.  Violations of the provisions of §53-20.A. hereinabove by any parent after such parent shall have received notice of a prior violation occurring within the preceding twelve (12) months shall constitute a municipal infraction. Each violation shall constitute a separate offense.

§53-21.  Authorization to confiscate.

In the event that any law enforcement officer of the Town of Greensboro observes any minor child operating a skateboard in violation of the provisions of Section 53-19, the law enforcement officer may confiscate the skateboard operated by that minor child and shall return the skateboard only to that minor’s parent or guardian. The law enforcement officer shall be authorized to confiscate a skateboard under this section whether or not he or she issues a citation for a violation of Section
53-19.
 
Chapter 57
BUILDING CONSTRUCTION ARTICLE I Adoption of Standards
§ 57-1. Standards adopted by reference.
§ 57-2. Amendments to standards.
§ 57-3. Effect on existing actions and liabilities.

ARTICLE II Adoption of Standards, One- and Two- Family Dwellings

§ 57-4. Standards adopted by reference.
§ 57-5. Amendments to standards.
§ 57-6. Effect on existing actions and liabilities. ARTICLE III Mobile Homes
§ 57-7. Definitions.
§ 57-8. Location within town restricted.
§ 57-9. Standards for Exterior Alterations and Additions to Mobile Homes in Residential
Zones [Adopted 7/1/02 as Ordinance  No. 2002-O-15]
§ 57-10. Applicability.
§ 57-11. Compliance with building standards.
§ 57-12. Violations and penalties.

ARTICLE  IV Solid Waste Receptacles on Contractors’ job sites

§ 57-13. Disposal of debris and rubble.
§ 57-14. Standards for Public Works and for Utility Contractors

[HISTORY: Adopted by the Town Council of the Town of Greensboro: Art. I, 7/1/04 as Ordinance No. 2004-O-20; Art. II, 7/1/04 as Ordinance No. 2004-O-21; Art. III, 1-4-1984; Art. IV, 3/1/03 as Ordinance No. 2003-O-1. Amendments noted where applicable.]

 

Fire prevention - See Ch. 80. Floodplain management - See Ch. 84. Occupancy permits - See Ch. 111. Property maintenance - See Ch. 121. Subdivision of land - See Ch. 135. Zoning - See Ch. 158.
 
GENERAL REFERENCES
 



ARTICLE I Adoption of Standards
[Adopted 7/1/04 as Ordinance 2004-O-20]
 
§ 57-1. Standards adopted by reference.

That a certain document, a copy of which is on file with the Clerk-Treasurer of the Town of
Greensboro, Maryland, being marked and designated as the International Building Code, (2003
Edition) (herein the "Building Code"), including Appendix Chapters E, F, G, and I, as published by the International Code Council, Inc., with the modifications adopted by the Maryland Department of Housing and Community Development, to the extent applicable, in accordance with Section 12-503 of the Public Safety Article of the Annotated Code of Maryland, be and is hereby adopted as the Building Code for the Town of Greensboro, Maryland, for the control of building and structures herein provided; and each and all of the regulations, provisions, penalties,
conditions and terms of said Building Code are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in § 57-2 of this Article.

§ 57-2. Amendments to standards.

The following section of the Building Code are hereby revised by the substitution to the following language:

Chapter 1
ADMINISTRATION AND ENFORCEMENT (Dwelling Code: General Administration)

Section 101.1 Substitute, for “[NAME OF JURISDICTION]", the following: “Town of
Greensboro, Maryland.”

Section 103.1 Building Official:  Delete the model language entirely and substitute the following: "The position of Enforcement Officer (hereinafter referred to as the “Building Official”) of the Town of Greensboro, Maryland is hereby created.”

Section 103.2 Appointment: Delete the model language entirely, and substitute the following: “The "Building Official" shall be appointed by the Mayor."

Section 103.3 Deputies: Delete the model language entirely, and substitute the following:  “If the Town shall enter into a contract with an independent contractor to perform any part of the duties of the Building Official, such independent contractor shall have those duties of the Building Official delegated to it by the Mayor.”

Section 104.8 Liability.  From the first sentence of the model code, delete the words: "member of the Board of Appeals or employee" and substitute the word: "independent contractor".

105.2 Under the heading "Building", paragraph "3. Oil Derricks" is deleted and the words
"Reserved" are substituted in lieu thereof.

108.6 The provisions of the model code are deleted in their entirety, and the following substituted in place thereof:
 

108.6 “Twenty percent (20%) percent of permit fees shall be retained on all application submitted but not approved. Fifty percent (50%) of permit fee shall be retained on all permits issued. No refund shall be allowed if the work is not commenced within six (6) months after issuance of permit or work has been abandoned."

109.3 Required Inspections:  The following language is added to Section 109.3 after the words: "The building official, upon notification, shall make the inspections set forth in Section 109.3.1 through 109.3.10".

A record of all such examinations and inspections and all violations of this Building Code shall be maintained by the building official. The listed contractor or owner must notify the building official twenty-four (24) hours in advance, and indicate the type of inspection required for list below:

1.  Footer trench (in advance of pouring) and site inspection;

2.  Foundation;

3.  Framing prior to closing in;

4.  Insulation inspection;

5.  Final, including grading, seeding and driveway apron (if required).

NOTE: "Final" means complete and ready for use. The Building Official shall have the authority to act on any questions relative to what is complete and ready for use and whether the construction has been done in a good workmanlike manner.

109.7 The following is added to the model code:

109.7 "In the event that the Inspector finds, when visiting the site, that the construction pertaining to the requested inspection is not ready, the Inspector may impose a reinspection fee of $50 for each additional call for the same inspection for each permit. The Inspector may also impose a reinspection fee for the following reasons:

1.  Permit not posted on premises;

2.  Plans not on premises for roofing and framing inspections;

3.  Premises locked;

4.  Lack of safe access into premises;

5.  Lack of safe access between floors;
 
6.  Previous violations not corrected on call back."



Section 112. Board of Appeals:  Section 112 is deleted in its entirety and the following substituted in lieu thereof:

Section 112. Reserved.

113.4 Violations and penalties: Section 113.4 is repealed in its entirety and the following substituted in lieu thereof:

“Any person who violates a provision of this code or fails to comply with any other requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official or of a permit or certificate issued under the provisions of this code, shall be guilty of a municipal infraction, punishable by fine of not more than One Thousand ($1,000) Dollars. Each day that a violation continues shall be deemed separate offense.”

A new subsection 113.5 is adopted to read as follows:

“113.5 Subdivision streets and driveway entrance provisions: When a street is required to be constructed in accordance with subdivision regulations for Greensboro, Maryland, no temporary or permanent use or occupancy permit shall be granted until the Town Engineer certifies that the grading and construction of said street has been completed in accordance with specifications currently in force in the Town, or, in lieu thereof, a bond or letter of credit guaranteeing such construction has been given. Private driveways that provide
access onto Town, County or State Roads must likewise be built to the specifications for construction of such road as to grade, and must be approved by the Building Inspector prior to the issuance of a "use and occupancy" permit."

A new subsection 113.6 is adopted to read as follows:

113.6 Withholding of permits: Whenever the Building Official shall find any contractor
or owner is in violation of the provisions of this Code or of the rules and regulations of any other department or agency of the Town of Greensboro, Caroline County or the State of Maryland, in connection with the erection, maintenance or repair of buildings, structures, lands and equipment thereon or therein, he or she may refuse to grant any further permits
to such contractor or owner until all violations have been corrected.

114.3 Violations and penalties: Section 114.3 is repealed in its entirety and the following substituted in lieu thereof:

114.3 Unlawful continuance: Any person who sell continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to penalties specified in Section
113.4 of this code.
 

115.4 Method of Service: Clause (c) of the first sentence is deleted in its entirety and the following substituted in lieu thereof: "(c) delivered in any other manner as prescribed by Section 3(b)(3)(ii) of Article 23A of the Annotated Code of Maryland."

A new subsection 115.6 is adopted to read as follows:

115.6 Disregard of unsafe notice: Upon refusal or neglect of the person served with the unsafe notice to comply with the requirements of the order to abate the unsafe condition, the Building Official shall institute the appropriate action to compel compliance in accordance with Section 113 herein.

Chapter 4
SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY

The following is added to Section 415.9.5. Storage of hazardous production materials.

Unless otherwise approved by the local State Fire Marshall, inside storage in process rooms shall be limited to one day's supply improved sealed containers of not more than five (5) gallons' capacity or in approved steel barrels or drums of not more than fifty-five (55) gallons' capacity.

Chapter 9
FIRE PROTECTION SYSTEM

The following is added to Section 901.2. Fire protection systems.

Fire protection systems shall not be disconnected or otherwise rendered unserviceable without first notifying the Building Official and Caroline County Fire Board.

A new subsection 911.2 is adopted to read as follows:

911.2. Presignal Systems. Presignal systems shall be installed in institutional occupancies. Presignal systems shall not be installed in other occupancies unless approved by the local State Fire Marshall. Where a presignal system is installed, twenty-four-hour personnel supervision shall be provided at a location approved by the Caroline County Fire Board, in order that the alarm signal can be actuated in event of fire or other emergency.

Chapter 18
FOUNDATION SYSTEMS

The following is added to Section 1805.2.1 Frost protection.

The frost line in this locality is twenty-four inches.

Chapter 31
Special Construction
 

3109.2, Definition  * * *
Swimming Pool: Delete the words “24 inches (610mm) deep” and substitute the words:
“36 inches (915mm) deep.

§ 57-3. Effect on existing actions and liabilities.

This code shall not discharge, impair or release any contract, obligations, duty, liability or penalty whenever existing on the date of its enactment. All suits and actions, both civil and criminal, pending or which may be hereafter instituted for causes of action is now existing or offenses already committed against any law or ordinance repealed by this Article shall be instituted, proceeded with or prosecuted to final determination and judgment as if this ordlnance had not become effect.

ARTICLE II
Adoption of Standards, One- and Two-Family Dwellings
[Adopted 7/1/04 as Ordinance 2004-O-21]

§ 57-4. Standards adopted by reference.

The International Residential Code for One-and Two-Family Dwellings (2003 Edition), as published by the International Code Council, with the modifications adopted by the Maryland Department of Housing and Community Development, to the extent applicable, in accordance with Section 12-503 of the Public Safety Article of the Annotated Code of
Maryland, is adopted as the Residential Code for the Town of Greensboro, Maryland for regulating the design, construction, quality of materials, erection, installation, alteration,
repair, location, replacement, addition to, use or maintenance of all one- and two-family
dwellings and townhouses not more than three stories in height in the Town of Greensboro, and providing for the issuance of permits and collection of fees therefore; and each and all
of the regulations, provisions, conditions and terms of such International Residential Code
(2003 Edition), published by the International Code Council, with the modifications adopted by the Maryland Department of Housing and Community Development, as
aforesaid, are hereby referred to, adopted and made a part hereof as if fully set out herein.

§ 57-5. Amendments to standards.

The following section of the International Residential Code are hereby revised:

§ R101.1. Insert “Town of Greensboro” for “[NAME OF JURISDICTION]”.

§ R101.2. Insert “with the modifications adopted by the Maryland Department of Housing and Community Development in accordance with Section 6-403 of Article 83B of the Annotated Code of Maryland,” before the words “shall apply”.

§ R102.4. Add the following to the model code: The International Private Sewage Disposal  Code
is not a part of the requirements of this Code. Appendix F (Radon Control Methods) and I
 
(Private Sewage Disposal) do not apply. The adoption of Appendix E “Manufactured Home Used as Dwellings” shall not be construed to authorize a violation of Article III of Chapter 57.

§ R103.1. Building Official: Delete the model language entirely, and substitute the following: “The position of Enforcement Officer (hereinafter referred to as the “building official”) of the Town of Greensboro, Maryland is hereby created.”

§ R103.2. Appointment: Delete the model language entirely, and substitute the following: “The
Building Official” shall be appointed by the Mayor.”

§ R103.3. Deputies:  Delete the model language entirely, and substitute the following: “If the Town shall enter into a contract with an independent contractor to perform any part of the duties of the Building Official, such independent contractor shall have those duties of the Building Official delegated to it by the Mayor.

§ R104.8. Liability. From the first sentence of the model code, delete the words: “member of the
Board of Appeals or employee” and substitute the word: “or independent contractor”.

§ R105.2. Work exempt from permit. Under the section headed “Building:”, add a new subparagraph 10 as follows:

11. Any project for which the entire cost does not exceed $200.00. All work done and all materials utilized or delivered in connection with an activity on a single on record, as defined by Chapter 158, Zoning, Article I, within a period of one-
hundred eighty (180) consecutive days shall be rebuttably presumed to constitute a single project.

R105.3.1 Action on Application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirement of pertinent laws, or if the public improvements in the subdivision in which the construction site is located have not been completed as required by the public works agreement entered into between the subdivider and the Town, the building official shall reject such application in writing, stating the reason thereof. If the building official is satisfied that the proposed work conforms to the requirement of this Chapter and laws and ordinances applicable thereto, and to the requirements of the public works agreement entered into between the subdivider and the Town, the building official shall issue a permit therefore as soon as possible. But if the building official does not find, then the building permit shall be denied.



§ R105.3.1.1 Substantially improved or substantially damaged existing buildings in areas prone to flooding.    Delete the third and fourth paragraph and substitute the following in lieu thereof:
 
Where the value of proposed work equals or exceeds 50 percent of the market value of the building were structure before the damage occurred or the improvement is started, the building official may determine that the proposed work constitutes substantial improvement or that the damages to be corrected constitute substantial damage. Applications determined by the building official to constitute substantial improvements or substantial damage shall meet requirements of section R323.

§ R108.5 Refunds. Delete the model language entirely, and substitute the following: “Twenty percent (20%) of permit fees shall be retained on all applications submitted but not approved. Fifty percent (50%) of permit fee shall be retained on all permits issued. No refund shall be allowed if the work is not commenced within six (6) months after issuance of permit or work has been abandoned.”

§ R109.1 Types of Inspections. In the first sentence, between the words “upon” and
“notification” insert the words “twenty-four hours advance”

§ R109.1.6 Add the following:

“NOTE: “Final” means complete and ready for use. The Building Official has the authority to act on any questions relative to what is complete and ready for use and whether the construction has been done in a good workmanlike manner.”

“In the event that the Inspector finds, when visiting the site, that the construction pertaining to the requested inspection is not ready, the Inspector may impose a reinspection fee of $50 for each additional call for the same inspection for each permit. The Inspector may also impose a reinspection fee for the following reasons:

1.  Permit not posted on premises;

2.  Plans not on premises for roofing and framing inspections;

3.  Premises locked;

4.  Lack of safe access into premises;

5.  Lack of safe access between floors;

6.  Previous violations not corrected on call back.”

§ R110.1 Add the following to § R110.1

“In addition to the building category, final inspection must be made on the plumbing, electrical and water and sewer work, if applicable, prior to the issuance of a use and occupancy permit. The listed plumber and listed electrician must request their own inspections.”
 
Section 110.3 Certificate Issued. After the building official inspects the building or structure and finds no violation of the provisions of this code or other laws that are enforced by the building official, and further finds that all public improvements required under the public works agreement entered into between the town and the subdivider of the subdivision in which the building site is located, but not before the building official so finds, the building official shall issue a certificate of occupancy which shall contain the following:



Add a new § R110.6 to read as follows:

§ R110.6 Subdivision streets and driveway entrance provisions: When a street is required to be constructed in accordance with subdivision regulations for Greensboro, Maryland, no temporary or permanent use or occupancy permit shall be granted until the Town Engineer certifies that the grading and construction of said street has been completed accords with the existing specifications or, in lieu thereof, a bond or guarantee for this construction has been given. Private driveways that provide access onto Town, County or State roads must likewise be built to the specifications for construction of such road as to grade, and must be approved by the Building Inspector prior to the issuance of a “use and occupancy” permit.”

Section 112, Board of Appeals: Section 112 is deleted in its entirety.

§ 113.4 Violations penalties. Delete the model language entirely, and substitute the following:

Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official or of
a permit or certificate issued under the provision of this code, shall be guilty of a municipal infraction, punishable by fine of not more than One Thousand (1,000) Dollars. Each day that a violation continues shall be deemed a separate offense.

Add a new § 113.5 to read as follows:

§ 113.5 Abatement of violations: The imposition of the penalties herein prescribed shall not preclude the Town or any person who would be specifically damaged by violation from instituting appropriate action to prevent unlawful construction or to retain, correct or abate a violation or to prevent illegal occupancy of a building structure or premises or to stop an illegal act, conduct, business or use of the building or structure in or about any premises.

Add a new § 113.6 to read as follows:

§ 113.6 Withholding of permits: Whenever the Building Official shall find any contractor or owner is in violation of the provisions of this Code or of the rules and regulations of any other department or agency of the Town of Greensboro, Caroline County or the State of Maryland, in connection with the erection, maintenance or repair of buildings, structures,
 
lands and equipment thereon or therein, he/she may refuse to grant any further permits to such contractor or owner until all violations have been corrected.

114.2 Unlawful continuance:  Delete the model language entirely, and substitute the following:

Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work that person is directed to perform to remove a violation or unsafe conditions, shall be liable to penalties specified in Section 113.4 of this code. Upon refusal or neglect of the person served with the stop-work order to comply
with the requirements of the order, the Building Official shall institute the appropriate action to compel compliance under Article 23A, Section 3, Annotated Code of Maryland.

Section R202, Definitions, page 16. Following the definition of Manufactured Home, add:

The inclusion of a definition for a manufactured home shall not be construed to authorize a violation of Article III of Chapter 57.

Section P2602.1 the first sentence of Section P2602.1, General, is repealed in its entirety and the following substituted in lieu thereof:

“Section P2602.1 General. The water distribution and drainage system of any building or premises where plumbing fixtures are installed shall be connected to the Greensboro public water supply and public sewer system.

Section P2603.6.1 Delete the entire sub-subsection.

Appendix G102.1 General In the definition of “Swimming Pool”, delete the words “24 inches
(610 mm)” and substitute the words “36 inches (915 mm).

§ 57-6 Effect on exiting actions and liabilities

This code shall not discharge, impair or release any contract, obligations, duty, liability or penalty whenever existing on the date of its enactment. All suits and actions, both civil and criminal, pending or which may be hereafter instituted for cause of action is now existing or offenses already committed against any law or ordinance repealed by the Article shall be instituted, proceeded with or prosecuted to final determination and judgment as if this ordinance had not become effective.

ARTICLE III Mobile Homes [Adopted 1-4-1984]

§ 57-7. Definitions.

As used in this Article the following terms shall have the meanings indicated:
 
MOBILE HOME - Any structure, regardless of size, capable of being transported in one (1) or more sections, built on a chassis designed to accommodate wheels, the principal purpose of which is to provide enclosed space for residential, storage or commercial purposes.

§ 57-8. Location within town restricted.

Except as otherwise provided elsewhere in this Article, the use of any land in the Town of
Greensboro to accommodate a mobile home is prohibited.

§ 57-9. Standards for Exterior Alterations and Additions to Mobile Homes in Residential
Zones. [Adopted by Ordinance 2002-O-15 on 7/1/02]

A.  These standards apply to exterior alterations and additions to primary mobile home structures in residential zones. It is the intent of these standards to ensure that a mobile home, when altered under these regulations, shall have substantially the appearance of a conventionally built, single-family dwelling.

B.  Alternations and additions to a mobile home which make the home look more permanent in nature and less like a trailer are encouraged. Alterations may include new siding, door and window trim, roofs with at least a 3/12 pitch, or similar improvements. Additions may include enclosed rooms or porches, sun rooms, greenhouses, storage rooms, garages, or similar improvements where the methods of construction make the additions appear to be part of the structure.

C.  All proposals for exterior alterations and additions shall be subject (1) to review by the Building Inspector to assure that the structural integrity of the mobile home is not compromised and (2) to design review by the Planning Commission including evaluation of architectural style; structure placement, dimensions, height, and bulk; lot coverage by structures; and building materials, color, off-street parking areas, and landscaping.

D.  To be eligible for a building permit for exterior alterations and additions a mobile home must be served by individual utilities; rest on a continuous, permanent masonry foundation which extends below the established frost depth, and the wheels, tongue and hitch must be removed.
If the mobile home does not have a permanent foundation, a building permit for the foundation may be applied for. The foundation must be constructed in accordance with the standards of
the Town's adopted Building Code under the perimeter of the mobile home and any additions. Plain concrete block or plain concrete may be used as foundation material if the foundation material is not revealed more than three feet above the finished grade level adjacent to the foundation wall.

E.  All proposals for exterior alterations or additions to mobile homes must address and meet the following basic performance standards in addition to the requirements of the Zoning District in which they are located:

1.  Exterior siding and trim shall consist predominantly of vinyl or aluminum horizontal lap siding (shoe reflectivity does not exceed that of flat white paint), wood, hardboard,
 
stucco, brick, or stone comparable in composition, appearance, and durability to the siding commonly used in standard residential construction. The siding material may not cover the window and door trim.

2.  If the existing exterior finish materials meet the standards above for exterior finish materials, they must be retained or visually matched on the portion being altered or added. If the existing exterior finish materials do not meet the standards above for exterior finish materials, they must be replaced with materials that meet the standard.

3.  The trim on the edges of elements in the remodeled or added area must be the same in type, size, and location as the trim used on the rest of the structure.

4.  Structures must have a roof that is sloped, with a pitch that is no flatter than 3/12 and no steeper than 12/12.

5.  The roof must be covered in a roofing material that is commonly used in standard residential construction. Eaves from the roof must extend at least one foot from the intersection of the roof and the exterior walls.

6.  Stairs, porches, entrance platforms, ramps, and other means of entrance and exit to and from the home shall be installed to the standards of the Town's adopted Building Code.

All additions or alterations shall be subject to the same regulations and requirements that must be complied with to obtain a building permit for additions or alterations to a conventionally built house.

§ 57-10. Applicability.

This Article shall apply to every lot conveyed or created after January 24, 1984, and it prohibits the replacement and/or expansion of mobile homes already located on any lot within the town after the effective date.

§ 57-11. Compliance with building standards.

After the effective date of this Article, every mobile home placed on a lot or lots within the Town of Greensboro, even if such lot or lots would be otherwise exempt from this Article under § 57-6 above, shall comply with Article I of this chapter.

§ 57-12. Violations and penalties. [Adopted 8-22-96 as Ordinance  No. 1996-0-6]

Violations of this section shall constitute a municipal infraction.

ARTICLE IV
Solid Waste Receptacles on Contractors’ Job Sites
[Adopted 1-16-2003]
 
§ 57-13. Disposal of debris and rubble.

A.  Before issuing a building permit the Code Enforcement Officer shall determine whether the anticipated volume of contractor's debris or rubble from the project requires the availability of a solid waste receptacle.

B.  In making such determination, the Code Enforcement Officer will consider the matters set
forth in the application for the building permit; his own estimate e of the volume of such debris or rubble based on a visual inspection of the site of the project; and the past history of the person responsible for performing the work in disposing of debris and rubble in a manner that prevents it from becoming unsightly and a nuisance to surrounding properties.

C.  If the Code Enforcement officer determines that the anticipated volume of contractor's debris or rubble from the project requires the availability of a solid waste receptacle, he shall direct that a receptacle of sufficient capacity to contain all anticipated construction debris or rubble shall be provided by the property owner at the site.

D.  No property owner, nor general contractor shall allow the accumulation of debris or rubble produced by work done pursuant to a building permit to become unsightly or a nuisance to surrounding properties.

E.  Both the general contractor and the property owner will be separately responsible for any violation of an order of the Code Enforcement Officer issued pursuant to this Section, such violation to constitute a municipal infraction.

§ 57-14. Standards for Public Works and for Utility Contractors.

All public works to be constructed within the corporate limits of Greensboro, Maryland, and all work performed by utility contactors within such corporate limits shall conform to the requirements of a certain document entitled: “Town of Greensboro, Caroline County, Maryland, Construction Standards for Water, Sewer & Street”, prepared by Davis, Bowen and Friedel, Inc., document number DBF# 1202A002, a copy of which is on file with the Clerk of the Town, as amended by a document entitled: “Town of Greensboro, Caroline County, Maryland, Revised Construction Standards for Public Works, revised 11/2005”, a copy of which is on file with the Clerk of the Town, is hereby adopted as the design standards to be complied with for use on every utility or street construction within the incorporated area of the Town of Greensboro, and shall
apply to all water, sewer and stormwater utilities to be connected to the Town system, and to street construction within town limits.
 
Chapter 61
BUSINESS LICENSES

§ 61-1. License required.
§ 61-2. License application; Board of Licenses.
§ 61-3. Issuance of license.
§ 61-4. Duration of license.
§ 61-5. Revocation of license.
§ 61-6. Decisions of Board.
§ 61-7. Exemptions.
§ 61-8. Violations and penalties.

[HISTORY: Adopted by the Town Council of the Town of Greensboro 3-7-1985; amended in its entirety at time of adoption of Code (see Ordinance No. 1996-0-6 adopted 8-22-96). Subsequent amendments noted where applicable.]



§ 61-1. License required.

Prior to operating any business within the Town of Greensboro, the owner or owners thereof, or the chief executive officers in the case of a corporation, must obtain a business license.

§ 61-2. License application; Board of Licenses.

A.  In applying for a license, in addition to paying the necessary fee as set by the Town Council from time to time, the business in such detail as the Clerk/Treasurer of the town shall deem necessary in order to determine whether the business may have an unreasonable adverse effect upon the peace, health, safety or convenience of the residents of Greensboro or may conflict with other laws, ordinances or regulations of Greensboro, the county or the State of Maryland.

B.   There shall be a Board of Licenses, consisting of the Chief of Police for the Town of Greensboro, the Chairperson of the Planning Commission for the Town of Greensboro and the Mayor of the Town of Greensboro or the Mayor's designated representative, whose function shall be to review applications for licenses and receive complaints regarding violations and/or conduct of licensees. Members of the Board of Licenses shall serve without compensation.

§ 61-3. Issuance of license.

The issuance of the license shall be conditioned upon obedience to all applicable laws and regulations, town, county or state and federal, and the absence of any unreasonable adverse effect upon the peace, health, safety, privacy or welfare of the citizens of Greensboro.

§ 61-4. Duration of license.
 
All licenses issued. under this chapter are not transferable, must be displayed in a visible manner and shall expire on April 30 of each year after the date of issuance. The renewal date is May 1 of each year thereafter.

§ 61-5. Revocation of license.

Whenever a licensee shall operate his business in violation of any law (town, county, state or federal) or in such a way to create an unreasonable adverse effect of the peace, health, safety, welfare and privacy of the citizens of Greensboro, Maryland, the town shall deliver notice to the individuals who applied for the license, in person or by certified mail, advising such person that a hearing before the Board will be scheduled in order to determine whether the license should be revoked. The Board may at any time before, during or after the hearing appoint its own investigator to investigate a complaint or complaints and report back to the Board.

§ 61-6. Decisions of Board.
Following the conclusion of such a hearing, the Board may either:

A.  Refuse to revoke the license. B.  Revoke the license,
C.  Revoke the license and issue a temporary license of such duration as the Board may find appropriate, provided that the licensee is held responsible for:

1.  Damages that occur as a result of noncompliance with any of the provisions of this chapter;
and

2.  Such attorney fees incurred by the town for enforcement of this chapter.

D.  Place additional restrictions upon the license, with or without the consent of the licensee.

E.  Require the licensee to post security in the form of a bond (secured or unsecured), money or property, with penalty in favor of the town, with such security as the Board may deem appropriate, to insure the payment of fines or damages or otherwise compliance with the conditions and restrictions imposed by the Board.

§ 61-7. Exemptions.

The Board may waive the license fee to businesses operating prior to May 1, 1981, as well as religious organizations, school functions, municipal, state or federally sponsored programs and charitable groups. The above must still comply with all the other provisions of this chapter.

§ 61-8. Violations and penalties.

Violations of this chapter shall constitute a municipal infraction.
 
Chapter 66
CABLE TELEVISION RATES

§ 66-1. Applicability of rate regulations.
§ 66-2. Views of interested parties.
§ 66-3. Execution of required forms.

[HISTORY: Adopted by the Town Council of the Town of Greensboro 10-7-1993 as
Ordinance No. 1993-0-10. Amendments noted where applicable.]



§ 66-1. Applicability of rate regulations.

The town will follow the Federal Communications Commission (FCC) rate regulations in its regulation of the basic service rates and charges of the company and any other cable television system operating in the town, notwithstanding any different or inconsistent provisions in the franchise.

§ 66-2. Views of interested parties.

In connection with such regulation, the town will ensure a reasonable opportunity for consideration of the views of interested parties.

§ 66-3. Execution of required forms.

The Mayor, or his or her designee, is authorized to execute on behalf of the town and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the Federal Communications Commission (FCC) rate regulations in order to enable the town to regulate basic service rates and charges.
 
Chapter 70
CURFEW

ARTICLE  I Emergency Curfews

§ 70-1. Definitions.
§ 70-2. Declaration of curfews.
§ 70-3. Violations and penalties.

ARTICLE  II General Curfew; Parental Responsibility

§ 70-4. Definitions.
§ 70-5. Unlawful conduct.
§ 70-6. Defenses to prosecution.
§ 70-7. Enforcement; violations and penalties.



[HISTORY: Adopted by the Town Council of the Town of Greensboro: Art. I, 7-6-1981 as Ch. III, Art. IV, of the 1981 Code; Art. II, 6-1-1995 as Ordinance  No. 1995-0-4. Amendments noted where applicable.]


ARTICLE  I Emergency Curfews
[Adopted 7-6-1981 as Ch. III, Art. IV, of the 1981 Code]

§ 70-1. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

EMERGENCY CURFEW - Curfew to be set by the Chief of Police in the Town of Greensboro during the time of an emergency situation such as violent storms, floods, fires and for the protection of property and the safety and health of the town.

§ 70-2. Declaration of curfews.

A.  During an emergency, the Chief of Police of the Town of Greensboro may set curfews for the safety and welfare of the citizens of Greensboro and for the protection of property from damage and looting. An emergency shall mean in this subsection a storm, flood, fire, riot, etc.

B.  A curfew may be set by the Chief of Police of the Town of Greensboro for such events as Halloween night or trick or treat night or events of this type, when it is in the best interest of the town.

C.  The Chief of Police of Town of Greensboro will confer with the Mayor or Police
Commissioner before declaring any curfew.

§ 70-3. Violations and penalties. [Added 9-28-1995 by Ordinance No. 1995-0-12]
 

Failure to comply with any order issued by the Chief of Police pursuant to this Article, or the violation of the curfew established by the Chief of Police, shall constitute a municipal infraction.

ARTICLE II
General Curfew; Parental Responsibility
[Adopted 6-1-1995 as Ordinance No. 1995-0-4]

§ 70-4. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

EMERGENCY - An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT - Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

GUARDIAN - A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.

MINOR - Any person under the age of sixteen (16) years.

OPERATOR - Any individual, firm, association, partnership, corporation or other entity operating, managing or conducting any establishment. The term "operator" includes the members or partners of an association, partnership or other similar entity and the officers of a corporation.

PARENT - Any natural parent, adoptive parent or stepparent of a minor or a guardian of a minor or any person twenty-one (21) years of age or over responsible for the care and custody of a minor.

PUBLIC PLACE - Any place to which the public or a substantial group of the public has access, and includes but is not limited to streets, highways, parks and the common areas of schools, hospitals, apartment houses, condominiums, office buildings, transport facilities, shops, shopping centers, malls, and other such common areas.

REMAIN - To linger or stay; or fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

TIME - The prevailing standard of time then being observed in the Town of Greensboro, whether
Eastern standard time or daylight saving time.

§ 70-5. Unlawful conduct.
The following conduct shall be unlawful, unless otherwise provided herein:
 
A.  No minor under the age of sixteen (16) years shall remain in or upon any public place or any establishment between the hours of 12:00 midnight Friday and 6:00 a.m. Saturday or between the hours of 12:00 midnight Saturday and 6:00 a.m. Sunday or between the hours of I 1:00 p.m. and 6:00 a.m. of the following day on any other day of the week.

B.  No minor between the ages of six (6) to fifteen (15) years, inclusive, shall remain in or about any public place or any establishment between the hours of 8:00 a.m. and 2:30 p.m. during any school day unless he or she has written proof from school authorities excusing him or her from attendance at that particular time unless accompanied by a parent or guardian or a person twenty-one (21) years of age or older who has responsibility for the care and custody of such minor.

C.  No parent shall knowingly permit, nor by insufficient control shall allow, any minor under the age of sixteen (16) years to remain in or upon a public place or an establishment between the hours of 12:00 midnight Friday and 6:00 a.m. Saturday or between the hours of 12:00 midnight Saturday and 6:00 a.m. Sunday or between the hours of 1 1:00 p.m. and 6:00 a.m. of the following day on any other day of the week.

D.  No parent shall knowingly permit, nor by insufficient control shall allow, any minor between the ages of six (6) and fifteen (15) years, inclusive, to remain in or about any public place or any establishment between the hours of 8:00 a.m. and 2:30 p.m. during any school day unless he or she has written proof from school authorities excusing him or her from attendance at that particular time unless accompanied by a parent or guardian or a person twenty-one (21) years of age or older who has responsibility for the care and custody of such minor.

E.  No operator of an establishment or his or her agents or employees shall knowingly permit any minor under the age of sixteen (16) years to remain upon the premises of such establishment between the hours of 12:00 midnight Friday and 6:00 a.m. Saturday or between the hours of
12:00 midnight Saturday and 6:00 a.m. Sunday or between the hours of 1 1:00 p.m. and 6:00 a.m. of the following day on any other day of the week.

F.  No operator of an establishment or his or her agents or employees shall knowingly permit any minor between the ages of six (6) and fifteen (15) years, inclusive, to remain in or about any public place or any establishment between the hours of 8:00 a.m. and 2:30 p.m. during any school day unless he or she has written proof from school authorities excusing him or her from attendance at that particular time or unless accompanied by a parent or guardian or a person twenty-one (21) years of age or older who has responsibility for the care and custody of such minor.

§ 70-6. Defenses to prosecution.

A.  It shall be a defense to prosecution of the offenses set forth in § 70-5 if the minor was:

1.  Accompanied by the minor's parent or guardian or a person twenty-one (21) years of age or older who has responsibility for the care and custody of such minor.
 
2.  On an errand at the direction of the minor's parent or guardian without any detour or stop.

3.  In a motor vehicle involved in interstate travel

4.  Engaged in an employment activity or going to or returning home from an employment activity without any detour or stop.

5.  Involved in an emergency

6.  On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the Police Department about the minor's presence.

7.  Attending a Town of Greensboro event or an official school, religious, or civic activity or attending a recreational activity supervised by adults and sponsored by the Town of Greensboro or other governmental entity, a civic organization, or another similar entity that takes responsibility for the minor or going to or returning home from, without any detour or stop, a Town of Greensboro event or an official school, religious or civic activity or a recreational activity supervised by adults and sponsored by the Town of Greensboro or other governmental entity, a civic organization or another similar entity that takes responsibility for the minor.

8.  Married or had been married

B.  It shall be a defense to prosecution of an operator of an establishment, pursuant to § 70-5E and F, if the operator of the establishment or the operator's employees or agents promptly notified the Town of Greensboro Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

§ 70-7. Enforcement; violations and penalties.

A.  Any police officer who finds a minor violating any provisions of § 70-5 of this Article shall obtain from such minor the minor's name, address, home telephone number and age and the name, address and home telephone number of the minor's parent or parents. The minor shall thereupon be instructed to proceed immediately to his or her home or to proceed directly to his or her school, if it is during school hours. The Greensboro Police Department shall promptly cause a written notice to be mailed or delivered to the parents of the minor advising of the violation. Such notice shall be mailed to a parent by certified mail, postage prepaid, return receipt requested, or by personal delivery. Such mailing or delivery may be shown by the records of the Greensboro Police Department made in the regular course of its business.

B.  Violations of the provisions of § 70-5C hereinabove by any parent after such parent shall have received notice of a prior violation occurring within the preceding twelve (12) months shall constitute a municipal infraction. Each violation shall constitute a separate offense. [Amended
9-28-1995 by Ordinance No. 1995-0-12]
 

C.  Violations of the provisions of § 70-5E or F hereinabove by any operator of an establishment or any agents or employees of any operator shall constitute a municipal infraction. [Amended
9-28-1995 by Ordinance No. 1995-0-12]
 
Chapter 76
FENCES

§ 76-1. Permit required.
§ 76-2. Application for permit.
§ 76-3. Fee and bond.
§ 76-4. Fences required in certain cases.
§ 76-5. Maintenance and repairs.
§ 76-6. Construction standards; pools.
§ 76-7. Violations and penalties.

[HISTORY: Adopted by the Town Council of the Town of Greensboro  7-6-1981 as Ch. V, Art. III, of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES Zoning - See Ch. 158.



§ 76-1. Permit required.

No person, firm, association or corporation shall hereafter erect and maintain any wall or fence for any purpose whatsoever without first having obtained permission in writing in the form of a
permit from the town.

§ 76-2. Application for permit.

The application made to the town shall be in writing on an application form provided by the town, stating the purpose for which the wall or fence is to be erected, and such application shall be accompanied by a plot plan showing the proposed location thereof, a drawing showing a side elevation and statement setting forth the length, height and thickness thereof, together with a description of the material to be used in its construction.

§ 76-3. Fee and bond.

The applicant for a fence permit shall pay a fee as provided in the list of fees set by the town and may be required to deposit with the Town Clerk a bond of twenty-five dollars ($25.) to insure that the fence is constructed in accordance with the approved plans. The bond shall be returned when the Building Inspector has certified that the fence complies with the approved plans.

§ 76-4. Fences required in certain cases.
 
A.  Excavation near public streets. Any person, firm, association or corporation owning land within the corporate limits of the town, upon which land there is any excavation or natural depression contiguous to any public street, sidewalk, road or highway as a result of which the surface shall be lower than three (3) feet below the grade of the sidewalk, street, road or highway adjacent to said land, shall construct a fence along the boundaries of such land adjacent to said sidewalk, street, road or highway. Such fence shall be constructed so as to prevent children and other persons [Amended  8-22-96 as Ordinance  No. 1996-0-6] from gaining access to said premises in which the excavation or depression is located, shall not be less nor more than four (4) feet in height and shall be of the chain link type or its equivalent. [Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.]

B.   Abandoned structures. Any firm, person, association or corporation owning land in the residential, business or industrial areas, upon which land there exists a wholly or partially complete and abandoned or unoccupied structure, which shall have been abandoned or unoccupied for a period of more than one (1) year, must install a fence around said property.

§ 76-5. Maintenance and repairs.

All fences shall be kept in good repair. The owner or person having control over a premises where a fence is in need of repair shall repair said fence thirty (30) days after receipt of notice from the Building Inspector stating the need for such repairs.

§ 76-6. Construction standards; pools. [Added 11/30/1995 by Ordinance No. 1995-0-25]

A.  No fence may be constructed which obstructs clear vision at any intersection, either street or alley.

B.  All fences must not be more than four (4) feet in height, except six (6) feet is allowed in rear yards where safety, health, privacy and hazardous conditions apply. They must be within the property line so that they may be maintained without trespass on another property.

C.  All in-ground pools must be fenced in accordance with town, county and state regulations.

§ 76-7. Violations and penalties. [Amended 9-28-1995 by Ordinance No. 1995-0-12]

Violations of any of the provisions of this chapter shall constitute a municipal infraction.
 
Chapter 80
FIRE PREVENTION

§ 80-1. Definitions.
§ 80-2. Fire Official.
§ 80-3. Enforcement.
§ 80-4. Enforcement assistance.
§ 80-5. Amendments to standards.
§ 80-6. Power to make modifications.
§ 80-7. Burning restrictions.
§ 80-8. Fire extinguishers required.
§ 80-9. Public garages and repair shops,
§ 80-10. Bulk plant regulations.
§ 80-11. Adoption of standards.
§ 80-12. Violations and penalties.

[HISTORY: Adopted by the Town Council of the Town of Greensboro  7-6-1981 as Ch. II, Art. II, of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES Building construction - See Ch. 57.



§ 80-1. Definitions.

As used in this chapter and the Fire Prevention Code, the following terms shall have the meanings indicated:

BUREAU OF FIRE PREVENTION - The Greensboro Fire Department. CORPORATION COUNSEL - The Mayor and Council of the Town of Greensboro. FIRE MARSHAL - The Chief of the Fire Department of the Town of Greensboro. MUNICIPALITY - The Town of Greensboro.
§ 80-2. Fire Official

The office of Fire Official shall be created for the purpose of enforcement of this chapter and, as set forth in § 80-1, it shall be the Chief of the Greensboro Fire Department.

§ 80-3. Enforcement.
 
The Fire Prevention Code of the Town of Greensboro shall be enforced by the Fire Chief and such subordinate officers and firemen of the Fire Department as are required to effectuate the
provisions of said code.

§ 80-4. Enforcement assistance.

The Police Department of the Town of Greensboro shall render necessary assistance in the enforcement of this code when requested to do so by the Fire Chief

§ 80-5. Amendments to standards.

The Fire Prevention Code adopted herein may be amended as necessary by the Mayor and Council on advice from the Fire Official and shall be listed in this section.

§ 80-6. Power to make modifications

The Chief of the Fire Department shall be authorized to modify any of the provisions of the Fire Prevention Code, upon application in writing by the owner or lessee of any property or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed and the public safety secured. The particulars of such modification when granted or allowed and the decision of the Fire Chief thereon shall be entered upon the records of the Department, and a signed copy shall be forwarded to the applicant.

§ 80-7. Burning restrictions.

The following burning restrictions will be followed by any and all persons or person in the Town of Greensboro:

A.  An adult age twenty-one (21) or over shall be in attendance in the immediate area of the fire during the entire duration of the fire.

B.  The area shall be at least twenty-five (25) feet from any building or other structure and not at a distance of less than fifteen (15) feet from any fence, and an area of not less than ten (10) feet must be cleared around the perimeter of the fire area. All fires shall be extinguished before sundown by the person or persons making the same, who shall be held responsible for any damage resulting therefrom. There shall be no open burning in Town of Greensboro unless in the daytime.

C.  The adult responsible for the burning area shall have adequate extinguishing equipment in the immediate vicinity of the fire area such as: charged hose lines, shovels, rakes, etc.

D.  The following rules shall govern when burning is allowed.

1.  Burning shall be allowed.
 
(a) After 4: 00 p.m.

(b) When the wind is under ten (10) mph.

(c) On Class 1, 2, and 3 days (check with Fire Department).

2.  An exception to the above is allowed when the Greensboro Fire Company is present at site and in control of the burning.

E.  Under no circumstances may a structure be burned without obtaining a permit from the Council of Greensboro and a prior inspection by the Chief of the Greensboro Fire Department or his appointed representative.

F.  If the fire or smoke becomes offensive or dangerous to surrounding property, the Greensboro Fire Department shall have the authority to extinguish said fire without interference, and intentional restart of said fire shall be a violation of this chapter and shall be a misdemeanor, and the penalty as stated in this chapter shall be assessed.

1. Salvage burning prohibited. It shall be unlawful for any person to burn any matter where the result is the reduction of the same to a constituent part or parts thereof, and the removal of constituent parts that have a lesser commercial value.

2. Separate offenses. Each day that such burning occurs shall be a separate offense.

3. Repeat violations a misdemeanor. The first offense of this Section G shall constitute a municipal infraction. A repeat offense or offense occurring within 365 days after any earlier offense shall constitute a misdemeanor.

§ 80-8. Fire extinguishers required

Every person or persons or corporation engaged in conducting a hotel, boardinghouse, rooming house, apartment house, restaurant or other business and the owner of every building within the Town of Greensboro where flammable and/or combustible liquids and gases or other explosives are stored is required to keep and maintain a suitable fire extinguisher on said premises.

§ 80-9. Public garages and repair shops.
All public garages and repair shops within the town shall be fire retardant. All private garages or
other storerooms under any building used for human habitation, wherein any motor or engine propelled by gasoline, coal oil or other combustible material is kept, shall be fire retardant.

§ 80-10. Bulk plant regulations.

A.  For the purpose of this section, "bulk plant" shall mean that portion of a property where flammable liquids are received by tank car or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids used as motor fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles.
 

B.  The Mayor and Council of the Town of Greensboro or their designated representatives are hereby empowered to inspect any existing bulk plant facilities, including any flammable liquid transfer operations within the town. Whenever any dangerous or hazardous conditions, such as defective or improperly installed equipment or improper handling of flammable liquids, are found to exist, such conditions shall be ordered to be removed or remedied.

§ 80-1 1. Adoption of standards.

There is hereby adopted by the Town of Greensboro, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, certain codes known as the "National Fire Protection Association Fire Prevention Code 1975," including, the Liquified Petroleum Gases Code, 1979 and including the Flammable and Combustible Liquids Code, 1981 and the National Fire Protection Association Electrical Code. The same are hereby
adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of town.

§ 80-12. Violations and penalties. [Amended 9-28-1995 by Ordinance No. 1995-0-12] Except as otherwise provided in § 80-7F hereinabove, the violation of any the provisions of this chapter shall constitute a municipal infraction.
 
Chapter 84
FLOODPLAIN MANAGEMENT ARTICLE I General Provisions
§ 84-1. Purposes; scope.
§ 84-2. Abrogation; greater restrictions to apply.
§ 84-3. Applicability.
§ 84-4. Disclaimer of liability.

ARTICLE II Terminology
§ 84-5. Definitions.

ARTICLE III Permit Procedures

§ 84-6.    General procedures.
§ 84-7.    Contents of permit application.
§ 84-8.    Subdivision proposals.
§ 84-9.    Issuance of permit.
§ 84-10. Conditioned permits for accessory structures and garages.
§ 84-11. Fees.
§ 84-12. Violations and penalties.

ARTICLE IV Establishment of Floodplain Zones
§ 84-13. Identification of floodplain zones.
§ 84-14. Nontidal floodplain zones.
§ 84-15. Floodplain boundaries.

ARTICLE V Development in Floodplain Zones
§ 84-16. Purpose; applicability.
§ 84-17. Watercourses.
§ 84-18. Wetlands.
§ 84-19. Sediment and stormwater management.
§ 84-20. Floodway fringe.
§ 84-21. Floodways.

ARTICLE VI Specific Requirements
§ 84-22. Applicability.
§ 84-23. Placement of buildings and materials.
§ 84-24. Enclosures below lowest floor.
§ 84-25. Manufactured homes and manufactured home parks.
§ 84-26. Anchoring.
§ 84-27. Utilities.
§ 84-28. Accessory structures and garages.
§ 84-29. Recreational vehicles.
§ 84-30. Fill.
 

ARTICLE VII Variances
§ 84-31. Criteria for issuance.
§ 84-32. Conditions.
§ 84-33. Functionally dependent uses. ARTICLE VIII Miscellaneous Provisions
§ 84-34. Effective date; subsequent amendments.

[HISTORY: Adopted by the Town Council of the Town of Greensboro 3-26-1992 as
Ordinance No. 1992-0-2. Amendments noted where applicable.]

 

Building construction - See Ch. 57. Subdivision of land - See Ch. 135. Stormwater management - See Ch. 131. Zoning - See Ch. 158.
 
GENERAL PREFERENCES
 



ARTICLE I General Provisions

§ 84-1. Purposes; scope.

A.  The purposes of this chapter are to protect human life and health, minimize property damage, encourage appropriate construction practices to minimize future damage, protect individuals from unwittingly buying land subject to flood hazards and protect water supply, sanitary sewage disposal and natural drainage. The prevention of unwise development in areas subject to flooding will reduce financial burdens to the community and the state and will prevent future displacement and suffering of its residents. This protection is achieved through the review of 0 activities proposed within identified floodplains and by the issuance of permits for those activities that comply with the objectives of this chapter.

B.  Floodplains are an important asset to the community. They perform vital natural functions such as temporary storage of floodwaters, moderation of peak flood flows, maintenance of water quality, groundwater recharge, prevention of erosion, habitat for diverse natural wildlife populations, recreational opportunities and aesthetic quality. These functions are best served if floodplains are kept in their natural state. Wherever possible, the natural characteristics of floodplains and their associated wetlands and water bodies should be preserved and enhanced.

C.  This chapter provides a unified, comprehensive approach to floodplain management which addresses these natural floodplain functions and the federal and state programs concerned with floodplain management. These programs are the National Flood Insurance Program (44 CFR
59 through 79); the state's Waterway Construction Permit Program for Nontidal Floodplains; the state's Tidal and Nontidal Wetlands Permit Programs; the United States Army Corps of Engineers' Section 10 and 404 Permit Programs; and the state's Coastal Zone Management
 
Program. Decisions to alter floodplains, especially floodways and stream channels, should be the result of careful planning processes which evaluate resource conditions and human needs.

§ 84-2. Abrogation; greater restrictions to apply.

This chapter supersedes any ordinance in effect in flood-prone areas. However, any other ordinance shall remain in full force to the extent that its provisions are more restrictive.

§ 84-3. Applicability.

Any person or entity proposing to do any development within the floodplain zone regulated by this chapter 'must first obtain a permit for that development from the local permitting agency and must comply with all provisions of this chapter.

§ 84-4. Disclaimer of liability.

The degree of flood protection provided by this chapter is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. Floods of greater magnitude may occur or flood heights may be increased by man-made or natural causes. This chapter does not imply that flooding will not occur outside of the delineated floodplain zone, nor that permitted development and land uses within the floodplain will be free of flooding and associated flood damage. This chapter does not create liability on the part of the community or any officer or employee thereof for any damage which may result from reliance on this chapter.

ARTICLE II Terminology

§ 84-5. Definitions.
As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY STRUCTURE - A detached structure on the same parcel of property as the
principal structure, the use of which is incidental to the principal structure, e.g., a shed or detached
garage.

BASE FLOOD - The one-hundred-year frequency flood event as indicated in the Flood Insurance
Study, as amended, the elevation of which is used for regulatory purposes in this chapter. BASEMENT - An enclosed area which is below grade on all four (4) sides.
BASEMENT - An enclosed area which is below grade on all four (4) sides.

CERTIFICATE OF OCCUPANCY OR USE - A permit to legally occupy or use a building for the intended purpose.
 
DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings and other structures, dredging, fill, grading, paving, clearing, excavation, dumping, extraction or storage of equipment or materials. "Development" includes subdivision of land.

ELEVATION CERTIFICATE - Form supplied by the Federal Emergency Management Agency
(FEMA) to certify as-built elevations of structures above mean sea level (NGVD).

FLOOD - General and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters; or rapid unusual accumulation of runoff from any source.

FLOOD INSURANCE RATE MAP (FIRM) - Map which depicts the minimum special flood hazard area to be regulated by this chapter (unless a Floodway Map is available).

FLOODPLAIN - That land typically adjacent to a body of water with ground surface elevations that are inundated by the base flood.

FLOODPROOFING - Any combination of structural or nonstructural changes which reduce or eliminate flood damage to improved property.

FLOODPROOFING CERTIFICATE - Form supplied by FEMA to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.

FLOOD PROTECTION ELEVATION (FPE) - The elevation of the base flood plus one (1) foot freeboard.
FLOODWAY - The channel and adjacent land area required to discharge the waters of the one- hundred-year flood of a watercourse without increasing the water surface elevations more than a specified height.

FLOODWAY FRINGE - That portion of the floodplain outside the floodway.

FLOODWAY MAP - Map which depicts floodways and special flood hazard areas to be regulated by this chapter.

FREEBOARD - An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, wave actions, subsidence or other unpredictable effects.

HISTORIC STRUCTURE - A structure listed individually on the National Register of Historic Places, the Maryland Inventory of Historic Properties, a local inventory of historic places certified by the Maryland Historic Trust or the Secretary of the Interior or preliminarily determined as meeting the requirements for such listing by the Maryland Historic Trust or the Secretary of the Interior or determined as contributing to the historic significance of an historic district registered with the Secretary of the Interior.
 
LOWEST FLOOR - The lowest floor of the lowest enclosed area, including basement. An unfinished enclosure constructed of flood-resistant materials used solely for parking of vehicles, storage or building access in an area other than a basement is not the "lowest floor," as long as it is supplied with water-equalizing vents.
 
MANUFACTURED HOME - A transportable structure which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.

NEW CONSTRUCTION - A structure for which the start of construction commenced on or after the effective date of the adoption of a Floodplain Management Ordinance, and includes any subsequent improvements.

NGVD - National Geodetic Vertical Datum of 1929 elevation reference points set by the National
Geodetic Survey based on mean sea level.

ONE-HUNDRED-YEAR-FREQUENCY FLOOD - The base flood, having one (1) chance in a hundred (one-percent chance) of being equaled or exceeded in any year.

PERMANENT CONSTRUCTION - Any structure occupying a site for more than one hundred eighty (I 80) days per year.

RECREATIONAL VEHICLE - A vehicle built on a single chassis which is four hundred (400) square feet or less at the longest horizontal projection, self-propelled or towable, and designed primarily for temporary living while traveling or camping.

START OF CONSTRUCTION - The date of issue of the building permit for any development, including new construction and substantial improvements, provided that the actual start of the construction or improvement was within one hundred eighty (I 80) days of permit issuance. The actual "start of construction" is the placement of slab or footings, piles, columns or actual placement of a manufactured home. For substantial improvement, the "start of construction" is the first alteration of any structural part of the building.

STRUCTURE - A walled and roofed building, including but not limited to manufactured homes, gas and liquid storage tanks, garages, barns and sheds.

SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure (less land value) either before the improvement or repair is started or, if the structure has incurred substantial damage and been restored, before the damage occurred. "Substantial improvement" occurs when the first alteration of any wall, ceiling, floor or other structural part of the building commences. The minimum repairs needed to correct previously identified violations of local health, safety or sanitary codes, and alterations to historic structures which do not preclude their continued designation as historic structures are not considered "substantial improvements."

TEMPORARY STRUCTURE - Any structure completely removed within one hundred eighty
(180) days from issuance of the permit.
 

VARIANCE - The grant of relief from a term or terms of this chapter.

WETLAND - Any land which is considered private wetland or state wetland pursuant to Title 9, Wetland and Riparian Rights, Natural Resource Article, Annotated Code of Maryland; or, defined as "wetland" under the current procedures utilized by the United States Army Corps of Engineers from time to time. [Amended 10-5-1995 by Ordinance No. 1995-0-18]

ARTICLE III Permit Procedures

§ 84-6. General procedures.

A permit is required for all development in any floodplain zone. It shall be granted only after all necessary permit applications are submitted to the federal and state agencies. A permit issued by the Town of Greensboro under this chapter is not valid until all necessary permits for development are obtained. Receipt of federal or state permits does not exempt development from the provisions of this chapter.

§ 84-7. Contents of permit application.

A.  Applications for a building permit shall contain, at a minimum, the following information:

1.  The name, address and phone number of the applicant (owner or agent of the owner).

2.  The name, address and phone number of the owner, if different.

3.  The name, address and phone number of the contractor.

4.  A legal description of the site location.

5.  The proposed uses for the site.

6.  The type, dimensions and estimated cost of development proposed.

7.  Site characteristics and improvements.

8.  Other information deemed appropriate by the local permitting official. [Editor's Note: The introduction to this ordinance provided that the Mayor, or the local permitting official, shall have the authority and responsibility to implement this ordinance.]

B.  All permit applications must have a site plan drawn to scale which shows:

1.  The dimensions of the site.

2.  The size and location of existing and proposed structures or alterations.
 

3.  Setbacks.

4.  Elevation contours in mean sea level (NGVD).

5.  A delineation of the one-hundred-year flood elevation and boundary.
6.  The proposed elevation of the lowest floor and method of elevation, if applicable. C.  The local permit official may require plans for tree maintenance, stormwater management,
revegetation, establishment of vegetated buffers and final grading as part of the permit application process.

D.  All applicants shall agree in writing to provide an elevation certificate completed by a registered professional engineer or surveyor to certify the as-built lowest floor of a structure which must be elevated to or above the flood protection elevation.

E.  An elevation certificate must be submitted before a certificate of occupancy or use may be issued. Work undertaken prior to submission of the certification is at the applicant's risk. For enclosed areas below the flood protection elevation, a nonconversion agreement may be required, in addition to an agreement to install water-equalizing vents as specified in § 84-24 of this chapter.

F.  If an improvement to an existing structure is proposed, adequate information on the cost of the improvement and the market value of structure before the improvement must be supplied to
the local permitting official to allow a determination of substantial improvement. The local permitting official may use tax assessment records to determine substantial improvement. In floodway areas, permits shall be tracked by property location to determine if the cumulative value of improvements constitutes substantial improvement of a structure.

§ 84-8. Subdivision proposals.

A.  In addition to the information required in § 84-7, an applicant for subdivision in the nontidal floodplain zone shall submit a plan to demonstrate that a building site for each lot is outside of the one-hundred-year floodplain. The local permitting official shall assure that a plan for the perpetual protection of the floodplain areas in their natural state as required under § 84-20E is included.

B.   Plans for maintenance of forest cover, flood protection setbacks, revegetation, accommodation of stormwater runoff, prevention of erosion and other plans required by the local permitting official must be submitted with subdivision proposals. The plans shall be evaluated as a whole to achieve maximum preservation of the natural and beneficial floodplain functions, desirable resources and characteristics of each site. The plan for utility ingress, stormwater drainage structures, road access and other rights-of-way shall be evaluated in light of the site characteristics.
 
§ 84-9. Issuance of permit.

A.  Considerations.

1.  Prior to issuance of a permit, the local permitting official shall determine the location of the project relative to floodways and floodplains and shall note on the permit the proper elevation to which the lowest floor of proposed structures must be elevated. In approximate floodplains where an elevation is not available, the applicant shall be required to obtain such elevation. The applicant must agree to secure all other required permits, an elevation certificate, floodproofing certificate, engineering analysis or other required verifications deemed appropriate by the local permitting official.

2.  Permits shall be granted by the local permitting official only after determining that the proposed development will be in complete conformance with the requirements of this chapter and all other applicable local codes and ordinances. All other necessary permits or approvals must be applied for or granted. Permits are valid only after all other necessary permits are granted.

B.  After issuance and during construction.

1.  After issuance of a permit, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written approval of the local permitting official. A copy of the permit or other verification must be displayed at the construction site during construction activity.

2.  Work on the permitted activity shall begin within one hundred eighty (180) days of the issuance of the permit, or the permit shall expire, unless a written extension is granted by the local permitting official. Work shall be completed within one (1) year of the date of the pen-nit unless a greater time is specified in the permit or a written extension is granted.

3.  During construction, the local permitting official or an authorized representative shall inspect the site to determine that the work is in compliance with the permit. Any work found to be noncompliant must be corrected before any additional work is undertaken.

C.  Record of permits. A record of all floodplain permits shall be maintained and be available upon request by the Federal Emergency Management Agency or its authorized agent (Water Resources Administration) during periodic assessments of this community's participation in the National Flood Insurance Program. All documents needed to support any permit action, such as elevation certificates, map amendments or revisions and variance actions, shall be available for review during these assessments.

§ 84-10. Conditioned  permits for accessory structures and garages.
 
A.  A conditioned permit may be issued at the discretion of the local permitting official when the exemption of three hundred (300) square feet is exceeded for accessory structures up to a total size of six hundred (600) square feet. In order to qualify, the structure's use must be incidental to the primary structure, and it can be used only for limited storage and parking of vehicles. The provisions of § 84-28 must be met.

B.   A conditioned permit is subject to the applicant's completion of a nonconversion agreement stating that the use of the accessory structure may not change from that permitted. A statement of the greater flood risk and possible higher flood insurance premiums must be included. In addition, a recordation on the deed or memorandum of land restriction must be made as described in § 84-32, stating that the permitted structure may not be used for human habitation without first complying with the construction requirements of this chapter and must be equipped with the proper water-equalizing vents.

§ 84-11. Fees.
A fee may be charged at the time of application.

§ 84-12. Violations and penalties.

A.  A person who does not comply with a permit issued pursuant to the provisions of this chapter is guilty of a municipal infraction, and a fine not exceeding five hundred dollars ($500.) for each day of violation of this chapter, not to exceed ten thousand dollars ($10,000.) for all days, may be imposed. Each day a violation continues is a separate offense. The violation must be corrected prior to any further work progressing on the project. [Amended 10-5-1995 by Ordinance No. 1995-0-18]

B.  The Federal Insurance Administrator and the Water Resources Administration must be notified by the local permitting official within thirty (30) days after issuance of the citation of any violation which requires a fine or court appearance. New or renewal federal flood insurance may be denied any structure remaining in violation of this chapter. The violation may also violate state law, may be subject to separate action and may incur a separate penalty.

ARTICLE IV Establishment of Floodplain Zones

§ 84-13. Identification of Floodplain zones.

The regulatory floodplain shall be those areas of the Town of Greensboro which are subject to the one-hundred-year flood, delineated on the most recent revision of the community's Floodway Maps and Flood Insurance Rate Maps (FIRM) and described in the Flood Insurance Study (FIS) prepared by the Federal Emergency Management Agency (FEMA). Floodway Maps and the FIS must be used. Areas along nontidal streams that do not have FFMA delineations as described above are subject to regulation by this chapter and the state.

§ 84-14. Nontidal floodplain zones.
 
A.  A community may have these nontidal floodplain zones:

1.  Floodway fringe: that part of the floodplain outside of the floodway.

2.  Floodway: reserved to carry the waters of the one-hundred-year flood.

B.  Nontidal floodplains may have detailed engineering study data, profiles and water surface elevations or may have approximate delineations only.

§ 84-15. Floodplain boundaries.

A.  Floodplain zone determination. The local permitting official will determine the floodplain zone in which the development activity is proposed using the Floodway Maps and FIS. Elevations may be obtained by using the FERM. Without prior approval from FEMA, the community shall use no other data to enforce floodplain management regulations. Where map boundaries and elevations disagree, elevations prevail, with no approval from FEMA required.

B.   Approximate floodplain determination. For development proposed in the approximate floodplain (no water surface elevations or floodway data provided), the applicant must use the best available information to determine the elevation of the one-hundred-year flood and the extent of the floodway and must delineate these on the site plan submitted for approval. For new subdivisions, the applicant must have the one-hundred-year flood elevations certified by a registered professional engineer based on hydrologic and hydraulic analyses which include a floodway analysis. For individual lot development, if no data are available, the point-on-the- boundary method may be used. In this method, the distance is scaled from a reference point at the site to the edge of the one-hundred-year floodplain boundary indicated on the FIRM. An elevation of the one-hundred-year flood is determined at that point by survey.

C.   Unmapped streams. In cases in which development is proposed in the vicinity of unmapped streams which have no delineated one-hundred-year floodplain, the fifty-foot flood protection setback from the banks of the stream described in § 84-20D may be used. State permits may be required and applicants are advised to seek a determination from the state.

ARTICLE V Development in Floodplain Zones

§ 84-16. Purpose; applicability.

In order to prevent excessive flood damage and to allow for the protection of the natural and beneficial floodplain functions, the following provisions shall apply to all development, new construction and substantial improvements to existing structures in all floodplain zones. If a structure is in more than one (1) zone, the more stringent provisions shall apply to the entire structure. The specific requirements contained in Article VI also apply to development in this Article. Any approved development shall comply with all other zoning, environmental, water quality and sanitary regulations, as well as applicable state and federal requirements.
 
§ 84-17. Watercourses.

In all floodplain zones, any development which proposes to alter a watercourse must obtain a variance. All conditions for encroachment in the floodway must be met, and adverse impacts to aquatic resources must be minimized. Adjacent communities and property owners, FEMA and the Maryland Water Resources Administration must be notified by the applicant before any modification may occur to watercourses. Any activity falling within the one-hundred-year nontidal floodplain may require a waterway construction permit from the Water Resources Administration.

§ 84-18. Wetlands.

Encroachment by development into wetlands is not allowed without state and federal permits. It is state and federal policy that disturbance of wetlands shall be avoided. The applicant must demonstrate that no alternatives exist and the encroachment is the minimum necessary. Mitigation may be required by the appropriate regulatory authorities.

§ 84-19. Sediment and stormwater management.

Any land disturbance permitted in the floodplain must have a stormwater management and sediment and erosion control plan as required by state and local regulations. The plan must include design of land contours that will not increase surface water runoff onto neighboring properties. Ground cover must be established immediately after disturbance, and a plan for permanent plantings, including trees, should provide for adequate vegetative cover within the flood protection setback from watercourses to prevent erosion.



§ 84-20. Floodway fringe.

A.  General. Development may not occur in the floodplain where alternative locations exist due to the inherent hazards and risks involved. Before a permit is issued, the applicant shall demonstrate that new structures cannot be located out of the floodplain and that encroachments onto the floodplain are minimized.



B.  Elevation requirements for new and substantially improved structures. All new or substantially improved residential and nonresidential structures, including manufactured homes, shall have the lowest floor elevated to or above the flood protection elevation. Basements are not permitted. Horizontal expansions which increase the footprint and that are less than substantial shall also have the lowest floor elevated to or above the flood protection elevation. The elevation of the lowest floor shall be certified by a registered surveyor or professional engineer on the elevation certificate, after the lowest floor is in place. Enclosures below the flood protection elevation must be constructed with water- equalizing vents to meet the
specifications of § 84-24. C.  Fill.
 
1.  The placement of more than six hundred (600) cubic yards of fill per parcel/lot in the floodplain is prohibited except by variance. Elevating buildings by other methods must be considered unless six hundred (600) cubic yards or less of fill are required. An applicant shall demonstrate that fill is the only alternative to raising the building to at least the flood protection elevation and that the amount of fill used will not affect the flood storage capacity or increase flooding onto neighboring properties.

2.  In the event that buildings on adjacent properties are known or determined to be subject to flooding under current conditions, the local permitting official may require submission of hydrologic and hydraulic analyses to adequately demonstrate the effects of the proposed fill. The conditions described in § 84-30 must be met whenever fill is used.

D.  Flood protection setback requirement.

1.  A minimum fifty-foot flood protection setback shall be maintained from the edge of the banks of any watercourse delineated as having a floodplain on the Floodway Map or FIRM, except where the setback may extend beyond the floodplain. To prevent
erosion, natural vegetation shall be maintained in this area. Where natural vegetation does not exist along the watercourse and conditions for replanting are suitable, high priority shall be given to planting trees in the setback area to stabilize banks and to enhance aquatic resources.

2.  A minimum fifty-foot flood protection setback shall be maintained from the top of the bank of any stream which has no designated floodplain. Natural vegetation shall be maintained and, if needed, trees planted.

3.  The local permitting official may consider a variance if the applicant demonstrates that it is impossible to allow any development without encroachment into the floodplain protection setback area. The variance shall be the minimum necessary and shall be made only after due consideration is given to varying other siting standards, such as side, front and back lot line setbacks. Necessary public works and temporary construction may be exempted from this section.

E.  Subdivision requirements.

1.  To achieve long-term flood damage avoidance and protection of the natural and beneficial floodplain functions, creation of any new flood-prone building sites shall not be permitted in any new subdivisions regardless of size, number of lots and location.

2.  Within new subdivisions, the floodplain areas and their natural vegetation shall be preserved and dedicated to natural buffer areas, open space, recreation and similar compatible uses by deed restriction, restrictive covenants or donation to a land trust. At a minimum, the area preserved shall include the flood protection setback area and, to the greatest extent possible, other floodplain areas. Steep slopes and forested areas adjacent to watercourses shall also be given high priority for preservation.
 

3.  In new subdivisions in nontidal floodplains, each lot platted must have a suitable building site outside the floodplain. Consideration must be given to clustering development out of the floodplain. The flood protection setback requirement of Subsection D shall be met. An access road at or above the elevation of the one- hundred-year flood shall be provided.

§ 84-21. Floodways.

A.  General.

1.  Floodways shall be preserved to carry the discharge of the one-hundred-year flood.
Floodways present increased risks to human life and property because of their relatively faster and deeper flowing waters. Fill shall not be permitted. New buildings shall not be permitted. New development shall not be permitted in the floodway where alternatives exist elsewhere or if any increase in water surface elevations will result from the one-hundred-year flood.

2.  Any development in the floodway which may result in any increase in water surface elevations or change to the floodway must be submitted to FEMA for a conditional letter of map revision. Hydrologic and hydraulic analyses based on existing floodway models and performed in accordance with standard engineering practices and certified by a registered professional engineer must be submitted. Failure to receive this letter shall be grounds for denial of the permit.

3.  An alternative analysis must be prepared for any development in the floodway before a permit may be issued. The provisions of § 84-20 above, as well as this section, apply to floodways.

B.  Alternative analysis requirement. Before a permit may be issued, an applicant shall submit an alternative analysis which demonstrates that:

1.  No reasonable alternatives exist outside the floodway.

2.  Encroachment in the floodway is the minimum necessary.

3.  The development will withstand the one-hundred-year flood without significant damage.

4.  The development will not increase downstream or upstream flooding or erosion.

C.  Existing structures. Existing structures in the floodway shall be substantially improved only by variance and if they can be brought into conformance with this chapter without increasing the footprint. Minor additions (less than substantial) must be elevated to the flood protection elevation on pilings or columns. In the event of substantial damage, the applicant shall submit an alternative analysis to determine if the structure can be relocated to a less hazardous site.
 
Where replacement structures cannot be relocated, they shall be limited to the footprint of the previous structure and must comply with the elevation requirements of § 84-20B of this chapter. Permits for incremental improvements shall be tracked by the local permitting official, and if cumulative improvements constitute substantial improvement, no further permits may
be issued unless the structure conforms to the provisions of this chapter.

D.  Maintenance of natural channel. The natural watercourse shall be maintained for protection of aquatic resources. A variance is required for alteration of watercourses. Any variance issued must assure that the conditions for encroachment in the floodway are met, adverse impacts to aquatic resources are minimized and the public good outweighs the adverse impacts. The provisions of this Article pertaining to altering a watercourse must be met.

E.  Obstructions. Structures or fill which may impede, retard or change the direction of the flow of floodwaters or any materials that may be carried downstream to cause damage shall not be placed in the floodway. Fences, except two-wire fences, shall not be placed in the floodway.

ARTICLE VI Specific Requirements

§ 84-22. Applicability.

In addition to the requirements outlined in Article V, the following specific requirements must be applied.

§ 84-23. Placement of buildings and materials.

In general, buildings and accessory structures should be located entirely out of the floodplain, out of the flood protection setback or on land that is least susceptible to flooding. All structures permitted in the floodplain shall be oriented so as to offer the least resistance to the flow of floodwaters. Materials which are buoyant, flammable, explosive, hazardous to health or which at times of flooding may be injurious to human, animal or plant life shall not be stored below the flood protection elevation.

§ 84-24. Enclosures below lowest floor.

A.  Buildings which have been elevated and have fully enclosed areas below the flood protection elevation (other than basements), as well as garages and accessory structures which are not elevated (§ 84-28), shall be constructed with water-equalizing vents which meet or exceed the following standards:

1.  A minimum of two (2) openings on different walls having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.

2.  The bottom of all openings shall be no higher than one (1) foot above grade.
 
3.  Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters to equalize hydrostatic forces on the walls.

B.  Fully enclosed areas below the flood protection elevation shall be used solely for parking of vehicles, access to the building or storage. If such areas are enclosed, a nonconversion agreement as described in § 84-10 must be signed by the applicant.

§ 84-25. Manufactured homes and manufactured home parks.

A.  New manufactured homes and manufactured home parks are prohibited in the floodway. In the floodway fringe, all new, replacement or substantially improved manufactured homes, whether in a manufactured home park or not, shall comply with § 84-20B of this chapter.

B.  Methods of anchoring shall include use of over-the-top and frame ties-to-ground anchors.
Pilings or columns shall be used to maintain storage capacity of the floodplain. Concrete block support pilings must be reinforced by placing reinforcing bars inside and extending them into the footing, filling the hollows with cement and using mortar to cement the blocks together. Federal Emergency Management Agency (FEMA) Publication 85, Manufactured Home Installation in Flood Hazard Areas, should be consulted for specific recommendations.

C.  Manufactured homes repaired or replaced because of substantial damage due to flooding or other causes must fully comply with § 84-20B.

D.  Owners of manufactured home parks or subdivisions that are partially or fully within the floodplain must file an evacuation plan with the local emergency management agency. A
flood-free access road shall be provided in all new manufactured home parks and subdivisions.

§ 84-26. Anchoring.

All structures shall be firmly anchored in accordance with acceptable engineering practices to prevent flotation, collapse and lateral movement during flooding. All air ducts, large pipes and storage tanks located below the flood protection elevation shall be firmly anchored to resist flotation.

§ 84-27. Utilities.

A.  Electric. All electric utilities to the building side of the meter, both interior and exterior to the building, are regulated by this chapter. Distribution panel boxes must be at least two (2) feet above the flood protection elevation. All outlets and electrical installations, such as heat pumps, air conditioners, water heaters, furnaces, generators and distribution systems, must be installed at or above the flood protection elevation.

B.   Plumbing. Toilets, sinks, showers, water heaters, pressure tanks, furnaces and other permanent plumbing installations must be installed at or above the flood protection elevation.
 
C.   Gas. Gas meters and gas appliances must be installed at or above the flood protection elevation.

D.  Water supply and sanitary facilities. Water supply distribution and sanitary disposal collection systems must be designed to minimize or eliminate the infiltration of floodwaters into the systems or discharges from the systems into floodwaters and shall be located and constructed so as to minimize or eliminate flood damage. On-site sewage disposal systems shall meet
these same standards.

§ 84-28. Accessory structures and garages.

A.  Where feasible, accessory structures and garages should be located out of the floodplain or elevated to or above the flood protection elevation. When these measures are not feasible the following apply:

1.  The floor of the structure must be at or above grade.

2.  The structure must be located, oriented and constructed so as to minimize flood damage.

3.  The structure must be firmly anchored to prevent Rotation.

B.  Attached garages. A garage attached to the main structure shall be elevated to the greatest extent possible, but may be permitted as an exemption to the strict elevation requirement if it is used solely for parking of vehicles, storage or building access and is no more than six hundred (600) square feet in area. Attached garages must meet the venting requirements of § 84-24, have all interior walls, ceilings and floors below the flood protection elevation unfinished and have no machinery or electric devices or appliances located below the flood protection elevation. A nonconversion agreement as described in § 84-10 must be signed by the property owner stating that the garage may never be used for human habitation without first becoming fully compliant with this chapter.

C.  Detached garages and accessory structures.

1.  An accessory structure or detached garage may be permitted as an exemption to the elevation requirement if it is less than three hundred (300) square feet, used solely for parking of vehicles and limited storage, meets the venting requirements of § 84-24, have all interior wall, ceiling and floor elements below the flood protection elevation unfinished and has no machinery, electric devices or appliances located below the
flood protection elevation. A nonconversion agreement must be signed by the property owner.

2.  An accessory structure or a detached garage between three hundred (300) square feet and six hundred (600) square feet may be permitted below the flood protection elevation only by a conditioned permit described in § 84- 1 0.
 
3.  An accessory structure or garage larger than six hundred (600) square feet in area must be elevated properly or be able to meet all applicable requirements under the variance procedure in § 84-31 of this chapter.

§ 84-29. Recreational vehicles.

A.  Recreational vehicles located within the floodplain may be exempted from the elevation and anchoring requirements, provided that they are:

1.  Located on the site less than one hundred eighty (180) consecutive days per year.

2.  Fully licensed and ready for highway use.

3.  Properly permitted.

B.  A recreational vehicle is ready for highway use if it is on its wheels and jacking system, is attached to the site only by quick disconnect-type utilities and securing devices and has no permanently attached additions. If it cannot meet all of these criteria, the recreational vehicle must be considered a manufactured home and is subject to the elevation and construction standards of this chapter.

§ 84-30. Fill.

A.  Fill is discouraged because storage capacity is removed from floodplains. Other methods of elevating structures should be considered first and fill used only if other methods are not feasible. Fill may not be placed in the floodway. Fill may not be placed in nontidal wetlands without the required state and federal permits.

B.  Fill must consist of soil and rock materials only. Dredged material may be used as fill only upon certification of suitability by a registered professional geotechnical engineer. Landfills, rubble fills, dumps and sanitary fills are not permitted in the floodplain.

C.  Fill used to support structures must be compacted to ninety-five percent (95%) of the maximum density obtainable by the Standard Proctor Test (ASTM Standard D-698), and its suitability to support structures certified by a registered professional engineer. Fill slopes shall be no greater than two (2) horizontal to one (1) vertical. Flatter slopes may be required where velocities may result in erosion.

D.  The use of fill shall not increase flooding or cause drainage problems on neighboring properties.

ARTICLE VII Variances

§ 84-31. Criteria for issuance.
 
A.  The Greensboro Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter. Conditions may be attached to the variance action, and variance actions must be consistent with sound floodplain management. Variances may not be issued except as specified below, nor shall variances be issued for any encroachment in floodways if any increase in the one-hundred-year flood levels will result.

B.  Variances shall only be issued upon:

1.  A showing of good and sufficient cause;
 
2.  A determination that failure to grant a variance would result in exceptional hardship
(other than economic) to the applicant; and

3.  A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with existing local and state laws or ordinances.

C.  The variance action shall be the minimum necessary, considering the flood hazard, to afford relief. In considering a variance action, comments from the State Coordinating Office of the Water Resources Administration must be taken into account and maintained with the permit file.

§ 84-32. Conditions.

A.  Variances may not be granted for the following:

1.  Placement of fill or any development in the floodway if any increase in flood levels would result.

2.  New buildings in the floodway.

A.  For any variance issued, a letter shall be sent to the applicant indicating the terms and conditions of the variance, the increased risk to life and property in granting the variance and the increased premium rates for national flood insurance coverage. The applicant shall be notified in writing of the requirement for recordation of these conditions on the deed or memorandum of land restriction prior to obtaining a permit and of the need to secure all necessary permits as conditions for granting a variance. The memorandum is described in Article 3-102 and 3-103 of the Real Property Article of the Annotated Code of Maryland.

B.  The local permitting official shall maintain a record of all variance actions and the justification for their issuance, as well as all correspondence. This record must be submitted as a part of the biennial report to FEMA and be available for periodic review. The number of variance actions should be kept to a minimum.

§ 84-33. Functionally dependent uses.

Variances may be issued for new construction and substantial improvements for the conduct of a functionally dependent use. A functionally dependent use cannot perform its intended purpose unless it is located or carried out in close proximity to water. It includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. The variance may be issued only upon sufficient proof of the functional dependence. The provisions of §§ 84-31 and 84-32 must be met and the structure must be protected by methods that minimize flood damage up to the flood protection elevation and must
create no additional threats to public safety. This may require methods of wet floodproofing which
 
allow the structure to flood without significant damage. Methods of floodproofing must not require human intervention.

ARTICLE VIII Miscellaneous Provisions

§ 84-34. Effective date; subsequent amendments.

This chapter is hereby enacted and shall become effective March 26, 1992. This chapter shall be amended as required by the Federal Emergency Management Agency, Title 44 of the Code of Federal Regulations. All subsequent amendments to this ordinance are subject to approval of the Federal Emergency Management Agency and the Maryland Department of Natural Resources.
 
Chapter 88
FOREST CONSERVATION

§ 88-1. Purpose.
§ 88-2. Definitions.
§ 88-3. Applicability.
§ 88-4. Exemptions.
§ 88-5. Declaration of intent.
§ 88-6. General requirements.
§ 88-7. Forest stand delineation.
§ 88-8. Forest conservation Plan.
§ 88-9. Afforestation and retention.
§ 88-10. Forest conservation threshold.
§ 88-11. Sequence for afforestation and reforestation.
§ 88-12. Recommended tree species.
§ 88-13. Financial security for afforestation and reforestation.
§ 88-14. Protection of trees from construction activities.
§ 88-15. Variances.
§ 88-16. Enforcement; violations and penalties.
§ 88-17. Effective date; subsequent amendments.

[HISTORY: Adopted by the Town Council of the Town of Greensboro 11-12-1992 as
Ordinance No. 1992-0-11. Amendments noted where applicable.]

 

Building construction - See Ch. 57. Subdivision of land - See Ch. 135. Zoning - See Ch. 158.
Forest conservation - See Ch. A165.
 
GENERAL REFERENCES
 



§ 88-1. Purpose.

The Planning Commission has determined that to meet the requirements of Natural Resources Article, §§ 5-1601 through 5-1612, of the Annotated Code of Maryland and Forest Conservation Act, the provisions of this chapter must be enacted.

§ 88-2. Definitions.

In this chapter the following terms shall have the meanings indicated: AFFORESTATION:
A.  Establishment of a forest on an area from which forest cover has been absent for a long period of time;

B.  Planting of open areas which are not presently in forest cover; or
 

C.  Establishment of a forest according to procedures set forth in the Forest Conservation Manual.

APPLICANT - A person who is applying for subdivision or project plan approval or a grading or sediment control permit or who has received approval of a forest stand delineation or forest conservation plan.

APPROVED FOREST MANAGEMENT PLAN - A document:

A.  Approved by the Department of Natural Resources forester assigned to the county in which the property is located; and

B.  Which operates as protective agreement for forest conservation as described in the Natural Resources Article, § 5-1607 (e) through (f), of the Annotated Code of Maryland (P. 12 of the Forest Conservation Act and Regulations).

CALIPER - The diameter measured at two (2) inches above the root collar.

CHAMPION TREE - The largest tree of its species within the United States, the state, county or municipality.

CHAMPION TREE OF THE STATE - A tree which appears in the State Forest Conservation
Manual list of state champion trees.

COMMERCIAL AND INDUSTRIAL USES - Manufacturing operations, office complexes, shopping centers and other similar uses and their associated storage areas, yarding and parking areas and corresponds to all zoning classifications of Greensboro.

COMMERCIAL LOGGING OR TIMBER HARVESTING OPERATIONS - The cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.

CRITICAL HABITAT AREA - A critical habitat for an endangered species and its surrounding protection area. A "critical habitat area” shall:

A.  Be likely to contribute to the long-term survival of the species;

B.  Be likely to be occupied by the species for the foreseeable future; and

C.  Constitute habitat of the species which is considered critical under Natural Resources
Article, §§ 4-2A-04 and 10-2A-06, of the Annotated Code of Maryland

CRITICAL HABITAT FOR ENDANGERED SPECIES - A habitat occupied by an endangered species as determined or listed under Natural Resources Article, §§ 4-2A-04 and 10-2A-04, of the Annotated Code of Maryland.

DECLARATION OF INTENT:
 

A.  A signed and notarized statement by a landowner or the landowner's agent certifying that the activity on the landowner's property:

1.  Is for certain activities exempted under this chapter or Natural Resources Article, §§ 5-
103 and 5-1601 through 5-1612, of the Annotated Code of Maryland;

2.  Does not circumvent the requirements of this chapter or Natural Resources Article, §§
5-103 and 5-1601 through 5-1612, of the Annotated Code of Maryland; and

3.  Does not conflict with the purposes of any other declaration of intent. B.  The document required under COMAR 08.19.01.05 or this chapter
DEPARTMENT - The Department charged with implementing the local forest conservation program, Greensboro Planning and Commission.

DEVELOPMENT PROJECT:

A.  The grading or construction activities occurring on a specific tract that is forty thousand
(40,000) square feet or greater. B.  Includes redevelopment.
DEVELOPMENT PROJECT COMPLETION – For the purposes of afforestation, reforestation or payment into a fund:

A.  The release of the development bond, if required;

B.  Acceptance of the project's streets, utilities and public services by the Department; or

C.  Designation by the Department or state that a:

1.  Development project has been completed; or

2.  Particular stage of a staged development project, including a planned unit development, has been completed.

FOREST

A.  A biological community dominated by trees and other woody plants covering a land area of ten thousand (10,000) square feet or greater.

B.  Includes:
 
1.  Areas that have at least one hundred (100) live trees per acre with at least fifty percent (50%) of those trees having a two-inch or greater diameter at four and five-tenths (4.5) feet above the ground and larger; and

2.  Areas that have been cut but not cleared. C.  Does not include orchards.
FOREST CONSERVANCY DISTRICT BOARD - The Forestry Board created for each State Forestry Conservancy District under Natural Resources Article, §§ 5-601 through 5-610, of the Annotated Code of Maryland.

FOREST CONSERVATION - The retention of existing forest or the creation of new forest at the levels set by the state or Department.

FOREST CONSERVATION AND MANAGEMENT AGREEMENT - An agreement as stated in the Tax-Property Article, § 8-21 1, of the Annotated Code of Maryland.

FOREST CONSERVATION MANUAL - The manual incorporated by reference, used to establish standards of performance required in preparing forest stand delineations and forest conservation plans.

FOREST CONSERVATION PLAN - A plan approved pursuant to Natural Resources Article, §§
5-1606 and 5-1607, of the Annotated Code of Maryland.

FOREST COVER - The area of a site meeting the definition of forest.

FOREST MANAGEMENT PLAN - A plan establishing best conservation and management practices for a landowner in assessment of the resource values of forested property.

FOREST STAND DELINEATION - The methodology for evaluating the existing vegetation on a site proposed for development, as provided in the Forest Conservation Manual.

GROWING SEASON - The period of consecutive frost-free days as stated in the current soil survey for this county published by the National Cooperative Soil Survey Program, 16 U.S.C. §
590(a) through (f).

HIGH-DENSITY RESIDENTIAL AREAS - Areas zoned for densities greater than one (1) dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities and water and sewer service, and corresponds to all zoning classifications of Greensboro.

INSTITUTIONAL DEVELOPMENT AREA -Schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks and cemeteries and corresponds to the zoning classifications of Greensboro.
 

INTERMITTENT STREAM - A stream in which surface water is absent during a part of the year as shown on the most recent seven-and-five-tenths-minute topographic quadrangle published by the United States Geologic Survey as confirmed by field verification.

LANDSCAPING PLAN - A plan:

A.  Drawn to scale, showing dimensions and details for reforesting an area at least thirty- five (35)
feet wide and covering two thousand five hundred (2,500) square feet or greater in size; B.   Using native or indigenous plants when appropriate; and
C.   Which is made part of an approved forest conservation plan.

LOCAL AGENCY - Each unit in the executive, legislative or judicial branch of a county or municipal government, including an office or department of public works.

LOT - A unit of land, the boundaries of which have been established as a result of a deed or previous subdivision of a larger parcel and which will not be the subject of further subdivision, as defined by Natural Resources Article, § 5-1601, of the Annotated Code of Maryland and this chapter without an approved forest stand delineation and forest conservation plan.

MAINTENANCE AGREEMENT - The short-term management agreement associated with afforestation or reforestation plans required under Natural Resources Article, § 5-1605, of the Annotated Code of Maryland and this chapter.

MEDIUM-DENSITY RESIDENTIAL AREAS - Areas zoned for densities greater than one (1) dwelling unit per five (5) acres and less than or equal to one (1) dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as- roads, utilities and water and sewer service, and corresponds to all zoning classifications of Greensboro.

MINOR DEVELOPMENT PROJECT - A project:

A.  On less than five (5) acres of land containing not more than four (4) lots per acre; or

B.  Substantively similar as defined by the Department and approved by the state.

MIXED-USE DEVELOPMENT - A single, relatively high-density development project, usually commercial in nature, which includes two (2) or more types of uses and corresponds to all zoning classifications of Greensboro.

NATURAL REGENERATION - The natural establishment of trees and other vegetation with at least four hundred (400) woody, free-to-grow seedlings per acre which are capable of reaching a height of at least twenty (20) feet at maturity.

NET TRACT AREA:
 

A.  Except in agriculture and resource areas, the total area of a site, including both forested and nonforested areas, to the nearest one-tenth acre, reduced by the area found to be within the boundaries of the one-hundred-year floodplain; and

B.  In agriculture and resource areas, the part of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities, reduced by the area found to be within the boundaries of the one-hundred-year floodplain.

NONTIDAL WETLANDS: A.  An area that is:
1.  Inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation"; and

2.  Any land which is considered private wetland or state wetland pursuant to Title 9, Wetland and Riparian Rights, Natural Resources Article, Annotated Code of Maryland; or defined as "wetland" under the current procedures utilized by the United States
Army Corps of Engineers from time to time.[ Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. 1.]

B.  Does not include tidal wetlands regulated under Natural Resources Article, Title 9, of the
Annotated Code of Maryland.

OFF-SITE - Outside of the limits of the area encompassed by the tract.

ON-SITE - Within the limits of the area encompassed by the tract, including an area classified as a one-hundred-year floodplain.

ONE-HUNDRED-YEAR FLOOD - A flood which has a one-percent chance of being equaled or exceeded in any given year. Except for Class IH waters (natural trout streams), a body of water,' with a watershed less than four hundred (400) acres is excluded.

ONE-HUNDRED-YEAR FLOODPLAIN - An area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying floodwaters during a one- hundred-year-frequency storm event or a one-hundred-year flood.

PERENNIAL STREAM - A stream containing surface water throughout an average rainfall year, as shown on the most recent seven-and-five-tenths minute topographic quadrangle published by the United States Geologic Survey, as confirmed by field verification.

PERSON - The federal government, the state, a county, municipal corporation or other political subdivision of the state or any of their units or an individual, receiver, trustee, guardian, executor,
 
administrator, fiduciary or representative of any kind or any partnership, firm, association, public or private corporation or any of their affiliates or any other entity.

PLANNED UNIT DEVELOPMENT - A development comprised of a combination of land uses or varying intensities of the same land use in accordance with an integrated plan that provides flexibility in land use design approved by the Planning Commission with at least twenty percent (20%) of the land permanently dedicated to open space and which corresponds to all zoning classifications of Greensboro.

PROJECT PLAN - A construction, grading or sediment control activity on an area of forty thousand (40,000) square feet or greater by a local agency.

PUBLIC UTILITY - Any:

A.  Transmission line or electric generating station; or

B.  Water, sewer, electric, gas, telephone or television cable service

REFORESTATION or REFORESTED:

A.  Creation of a biological community dominated by trees and other woody plants containing at least one hundred (100) live trees per acre with at least fifty percent (50%) of those trees having the potential of attaining a two-inch or greater diameter measured at four and five- tenths (4.5) feet above the ground within seven (7) years; or
B.  Establishment of a forest according to procedures set forth in the Forest Conservation Manual. C.  Includes landscaping of areas under an approved landscaping plan establishing a forest at least
thirty-five (35) feet wide and covering, two thousand five hundred (2,500) square feet or more of area.

REGULATED ACTIVITY - Any of the following activities, when that activity occurs on a unit of land which is forty thousand (40,000) square feet or greater.

A.  Subdivision. B.  Grading.
C.  An activity that requires a sediment control permit. D.  Project plan of a local agency.
RETENTION - The deliberate holding and protecting of existing trees, shrubs or plants on the site according to established standards as provided in the Forest Conservation Manual.
 
SEDIMENT CONTROL PERMIT - The authorization of an activity regulated under a sediment control plan as provided in the Environment Article, Title 4, of the Annotated Code of Maryland.

SEEDLINGS - An unbranched woody plant, less than twenty-four (24) inches in height and
having a diameter of less than one-half (1/2) inch measured at two (2) inches above the root collar.

SELECTIVE CLEARING -The careful and planned removal of trees, shrubs, and plants using specific standards and protection measures under an approved forest conservation plan.

STREAM BUFFER - All lands lying within fifty (50) feet, measured from the top of each normal bank of a perennial or intermittent steam.

SUBDIVISION - Any division of a unit of land into two (2) or more lots or parcels for the purpose, whether immediate or future, of transfer or ownership, sale, lease or development.

TIMBER HARVESTING:

A.  A tree-cutting operation affecting one (1) or more acres of forest or developed woodland within a one-year interval that disturbs five thousand (5,000) square feet or more of forest floor.

B.  "Timber harvesting" does not include grubbing and clearing of root mass

TRACT - Property or unit of land subject to an application for a grading or sediment control permit, subdivision approval, project plan approval or areas subject to this chapter.

TRACT FOR A PLANNED UNIT DEVELOPMENT - The entire property subject to a planned unit development.

TREE - A large, branched woody plant having one (1) or several self-supporting stems or trunks that reach a height of at least twenty (20) feet at maturity.

VARIANCE:

A.  Relief from Natural Resources Article, §§ 5-1601 through 5-1612, of the Annotated Code of
Maryland or this chapter.

B.  "Variance" does not mean a zoning variance,

WATERSHED - All land lying within an area described as a sub-basin in water quality regulations adopted by the Department of the Environment under COMAR 26.08.02.08.

WHIP - An unbranched woody plant greater than twenty-four (24) inches in height and having a diameter of less than one (1) inch measured at two (2) inches above the root collar.

§ 88-3. Applicability.
 

Except as provided in § 88-4, this chapter applies to:

A.  A person making application for a subdivision, project plan, grading or sediment control approval on units of land forty thousand (40,000) square feet or greater after the effective date of this chapter.

B.  A public utility not exempt under § 88-4E and F of this chapter,

C.  A unit of county or municipal government, including a public utility or public works project, making application for a subdivision, project plan, grading or sediment control approval on areas forty thousand (40,000) square feet or greater.

§ 88-4. Exemptions.

This chapter does not apply to:

A.  Highway construction activities under Natural Resources Article, § 5-103, of the Annotated
Code of Maryland.

B.  Areas governed by the Chesapeake Bay Critical Area Protection Law, Natural Resources
Article, §§ 8-1801 through 8-1816, of the Annotated Code of Maryland.

C.  Commercial logging and timber harvesting operations, including harvesting conducted subject to the forest conservation and management program under Tax-Property Article, § 8-21 1, of the Annotated Code of Maryland, that are completed:

1.  Before July 1, 1991; or

2.  After July 1, 1991, on property which:

(a) Has not been the subject of application for a grading permit for development within five (5) years after the logging or harvesting operation; and

(b) Is the subject of a declaration of intent as provided for in § 88-5 of this chapter, approved by the Department.

D.  Agricultural activities not resulting in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices, except that a person engaging in an agricultural activity clearing forty thousand (40,000) square feet or greater of forest within a one-year period may not receive an agricultural exemption unless the person files a declaration of intent as provided for in § 88-5 of this chapter which includes:

1.  A statement that the landowner or landowner's agent will practice agriculture on that portion of the property for five (5) years from the date of the declaration; and
 

2.  A sketch map of the property which shows the area to be cleared.

D.  The cutting or clearing of public utility rights-of-way licensed under Article 78, §§ 54A and
54B or § 54-1, of the Annotated Code of Maryland or land for electric generating stations licensed under Article 78, §§ 54A and 54B or § 54-1, of the Annotated Code of Maryland, if:

1.  Required certificates of public convenience and necessity have been issued in accordance with Natural Resources Article, § 5-1603(f), of the Annotated Code of Maryland; and

2.  Cutting or clearing of the forest is conducted to minimize the loss of forest.

E.  Routine maintenance or emergency repairs of public utility rights-of-way licensed under
Article 78, §§ 54A and 54B or § 54-1, of the Annotated Code of Maryland.

F.  Except for a public utility subject to Subsection F of this chapter, routine maintenance or emergency repairs of a public utility right-of-way if:

1.  The right-of-way existed before the effective date of this chapter; or

2.  The right-of- way's initial construction was approved under this chapter.

G.  [Amended by Ordinance 2002-O-13, adopted 8/1/02] Residential construction activity that is constructed on a single lot of any size if the activity:

1.  Does not result in the cumulative cutting, clearing or grading of more than forty thousand (40,000) square feet of forest;

2.  Does not result in the cutting, clearing or grading of a forest that is subject to the requirements of a previous forest conservation plan approved under this chapter; and

3.  Is the subject of a declaration of intent filed with the Department, as provided for in §
88-5 of this chapter, stating that the lot will not be the subject of a regulated activity within five (5) years of the cutting, clearing or grading of forest.

H.  An activity required for the purpose of constructing a dwelling house intended for the use of the owner or a child or a grandchild of the owner, if the activity:

1.  Does not result in the cutting, clearing or grading of more than forty thousand (40,000)
square feet of forest; and

2.  Is the subject of a declaration of intent filed with the Department as provided for in §
88-5 of this chapter, which states that transfer of ownership may result in a loss of exemption.
 
I.    A preliminary plan of subdivision or a grading or sediment control plan approved before July
1, 1991.

J.    A planned unit development that by December 3l, 1991, has

1.  Met all requirements for planned unit development approval; and

2.  Obtained initial development plan approval by the Department.

A real estate transfer to provide a security, leasehold or other legal or equitable interest, including a transfer of title, of a portion of a lot or parcel if:

1.  The transfer does not involve a change in land use or new development or redevelopment with associated land disturbing activities; and

2.  Both the grantor and grantee file a declaration of intent as provided for in § 88-5 of this chapter.

§ 88-5. Declaration of intent.

A. The purpose of the declaration of intent is to verify that the proposed activity is exempt under Article, §§ 5-103 and 5-1601 through 5-1612, of the Annotated Code of Maryland and this chapter.

B. A person seeking an exemption under § 88-4C, D, H, I and L of this chapter shall file a declaration of intent with the Department.

C. The declaration of intent is effective for five (5) years.

D. The existence of a declaration of intent does not preclude another exempted activity on the property subject to a declaration of intent if the activity:

(1) Does not conflict with the purpose of any existing declaration of intent; and

(2) Complies with the applicable requirements for an exempted activity.

E. If a regulated activity on the area covered by the declaration of intent occurs within five (5)
years of the effective date of the declaration of intent:

(1) There shall be an immediate loss of exemption; or

(2) There may be a noncompliance action taken by the Department, as appropriate, under this chapter.

F. An applicant may apply for a regulated activity on that area of the property not covered under the declaration of intent if the requirements of this chapter are satisfied.
 

G. The Department may require a person failing to file a declaration of intent or found in noncompliance with a declaration of intent to:

(1) Meet the retention, afforestation and reforestation requirements established in §§ 84-3 through 84-14 of this chapter;

(2) Pay a noncompliance fee of thirty cents ($0.30) per square foot of forest cut or cleared under the declaration of intent;

(3) Be subject to other enforcement actions appropriate under Natural Resources Article,
§§ 5-1601 through 5-1612, of the Annotated Code of Maryland and this chapter; or

(4) File a declaration of intent with the Department.

H. In its determination of appropriate enforcement action the Department may consider whether failure to file a declaration of intent by a person required to file is a knowing violation of this chapter.

§ 88-6. General requirements.

A. A person making application after the effective date of January 1, 1993, for subdivision or local agency project plan approval, a grading permit or a sediment control permit for an area of land of forty thousand (40,000) square feet or greater shall:

(1) Submit to the Department a forest stand delineation and a forest conservation plan for the lot or parcel on which the development is located; and

(2) Use methods approved by the Department as provided in the Forest Conservation
Manual to protect retained forests and trees during construction.

B. If a local agency or person using state funds makes application to conduct a regulated activity, the provisions of COMAR 08.19.04.01D through G apply.

§ 88-7. Forest stand delineation.

A. A forest stand delineation shall be submitted at the initial stages of subdivision or project plan approval before a grading permit application or before a sediment control application is submitted for the tract being developed.

B. The delineation shall be prepared by a licensed forester, licensed landscape architect or a qualified professional who meets the requirements stated in COMAR 08.19.06.01B.

C. The delineation shall be used during the preliminary review process to determine the most suitable and practical areas for forest conservation and shall contain the following components:
 
(1) A topographic map delineating intermittent and perennial streams and steep slopes over twenty-five percent (25%);

(2) A soils map delineating soils with structural limitations, hydric soils or soils with a soil K value greater than thirty-five hundredths (0.35) on slopes of fifteen percent (I 5 %) or more;

(3) Forest stand maps indicating species, location and size of trees and showing dominant and codominant forest types;

(4) Location of one-hundred-year floodplains;

(5) Information required by the Forest Conservation Manual; and

(6) Other information the Department determines is necessary to implement this chapter. D.   If approved by the Department, a simplified delineation may be submitted for an area:
(1) When no forest cover is disturbed during a construction activity; and

(2) Designated to be under a long-term protective agreement.

E.  The Department shall consider a simplified forest stand delineation complete if it includes: (1) All requirements under Subsection C(l) and (2) and (4) and (5) of this section.
(2) A map showing existing forest cover as verified by field inspection; and

(3) Other information required by this chapter.

F.  An approved forest stand delineation may remain in effect for a period not longer than five (5)
years.

G.  Time for submittal.

(1) Within thirty (30) calendar days after receipt of the forest stand delineation, the Department shall notify the applicant whether the Forest stand delineation is complete and correct.

(2) If the Department fails to notify the applicant within thirty (30) days, the delineation shall be treated as complete and correct.

(3) The Department may require further information or provide for an additional fifteen
(15) calendar days under extenuating circumstances.

§ 88-8. Forest conservation Plan.
 

A. General provisions.

(1) In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest on the site.

(2) If existing forest on the site subject to a forest conservation plan cannot be retained the applicant shall demonstrate to the satisfaction of the Department of Natural Resources:

(a) How techniques for forest retention have been exhausted;

(b) Why the priority forests and priority areas specified in Natural Resources Article, § 5-1607 (c), of the Annotated Code of Maryland, cannot be left in an undisturbed condition;

(c) If priority forests and priority areas cannot be left undisturbed how the sequence for afforestation or reforestation will be followed in compliance with Natural Resources Article § 5-1607, of the Annotated Code of Maryland; and

(d) Where on the site in priority areas afforestation or reforestation will occur in compliance with Natural Resources Article § 5-1607, of the Annotated Code of Maryland.

(3) The applicant shall demonstrate to the satisfaction of the Department of Natural Resources that the requirements for afforestation or reforestation on-site or off-site cannot be reasonably accomplished if the applicant proposes to make a payment into the forest conservation fund instead of afforestation or reforestation.

(4) Nontidal wetlands. a regulated activity within the net tract area that occurs wholly or partially in areas regulated as nontidal wetlands under Natural Resources Article, § § 8-
1201 through 121 1, of the Annotated Code of Maryland, and COMAR 08.05.04 is subject to both the nontidal wetlands regulatory requirements and the requirements of this chapter, subject to the following:

(a) Any area of forest in the net tract area; including forest in nontidal wetland that is retained, shall be counted toward a forest conservation requirements under this chapter.

(b) For the purpose of calculating reforestation mitigation under this chapter, a forested nontidal wetland permitted to be cut or cleared and required to be mitigated under COMAR 08.05.04 shall be shown on the forest conservation plan and subtracted on an acre-for-acre basis from the total amount of forest to be cut or cleared as part of a regulated activity.

(c) Nontidal wetlands shall be considered to be priority areas for retention and replacement.
 

(d) Forested nontidal wetland identification and delineation should be included at the earliest stage of planning to assist the applicant in avoidance and reduction of impacts to the nontidal wetlands and to avoid delay in the approval process.

B. Preliminary forest conservation plan.



(1) A preliminary forest conservation plan shall be prepared by a licensed forester, a licensed landscape architect or a qualified professional who meets the requirements stated in COMAR 08.19.06.OIB.

(2) A preliminary forest conservation plan shall:

(a) Be submitted with the preliminary plan of subdivision or proposed project plan; (b) Include the approved forest stand delineation for the site;
(c) Include a table that lists the proposed values of the following in square feet: [1] Net tract area.
[2] Area of forest conservation required.

[3] Area of forest conservation that the applicant proposes to provide, including both on-site and off-site areas.

(d) Include a clear graphic indication of the forest conservation provided on the site drawn to scale showing areas where retention of existing forest or afforestation or reforestation is proposed.
(e) Include an explanation of how the provisions of Subsection A have been met; (f) In the case of afforestation or reforestation, include a proposed afforestation or
reforestation plan;

(g) Include a proposed construction timetable showing the sequence of forest conservation procedures;

(h) Show the proposed limits of disturbance; (i) Show proposed stockpile areas;
(j)  Incorporate a proposed two-year maintenance agreement that shows how areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment;
 

(k) Information required in the Forest Conservation Manual; and

(l) Other information the Department determines is necessary to implement this chapter.

(3) The review of the preliminary forest conservation plan shall be concurrent with the review of the preliminary site plan.

(4) During the different stages of the review process the preliminary forest conservation plan may be modified, provided that the Department approves of the changes.

C. The final forest conservation plan.

(1) A final forest conservation plan shall be prepared by a licensed forester, a licensed landscape architect or a qualified professional who meets the requirements stated in COMAR 08.19.06.OIB.

(2) A final forest conservation plan shall:

(a) Be submitted with the following: [1] A final subdivision plan; [2] A final project plan;
[3] An application for a grading permit; or

[4] An application for a sediment control permit.

(b) Show proposed locations and types of protective devices to be used during construction activities to protect trees and forests designated for conservation;

(c) In the case of afforestation or reforestation, include an afforestation or reforestation plan, with a timetable and description of needed site and soil preparation, species, size and spacing to be used;

(d) Incorporate a binding two-year maintenance agreement specified in COMAR
08.19.05.01 that details how the areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment, including:

[1] Watering; and

[2] A reinforcement planting provision if survival rates fall below required standards as provided in the Forest Conservation Manual;
 
(e) Incorporate a long-term binding protective agreement as specified in COMAR
08.19.05.02 that:

[1] Provides protection for areas of forest conservation, including areas of afforestation, reforestation and retention;

[2] Limits uses in areas of forest conservation to those uses that are designated and consistent with forest conservation, including recreational activities and forest management practices that are used to preserve forest.

(f) Include the substantive elements required under Subsection B(2) through (5), B(7) through (9) and B(II) of this section as finalized elements of the forest conservation plan;

(g) Other information the Department determines is necessary to implement this chapter.

(3) Time for submittal.

(a) Within forty-five (45) calendar days after receipt of the final forest conservation plan the Department shall notify the applicant whether the forest conservation plan is complete and approved.

(b)  If the Department fails to notify the applicant within forty-five (45) calendar days, the plan shall be treated as complete and approved.

(c) The Department may require further information or extend the deadline for an additional fifteen (15) calendar days under extenuating circumstances.

(d) At the request of the applicant the Department may extend the deadline under extenuating circumstances.

(4) The Department's review of a final forest conservation plan shall be concurrent with the review of the final subdivision or project plan, grading permit application or sediment control application associated with the project.

(5) The Department may revoke an approved forest conservation plan if it finds that: (a) A provision of the plan has been violated;
(b) Approval of the plan was obtained through fraud, misrepresentation, a false or misleading statement or omission of a relevant or material fact; or

(c) Changes in the development or in the condition of the site necessitate preparation of a new or amended plan.
 
(6) The Department may issue a stop-work order against a person who violates a provision of this chapter or a regulation, order, approved forest conservation plan or maintenance agreement.

(7) Before revoking approval of a forest conservation plan, the Department shall notify the violator in writing and provide an opportunity for a hearing.

§ 88-9. Afforestation and retention.

A. Afforestation requirement. A person making application after the effective date of this chapter for subdivision or project plan approval, a grading permit or a sediment control permit for an area of land of forty thousand (40,000) square feet or greater shall:

(1) Conduct afforestation on the lot or parcel in accordance with the following:

(a) A tract having less than twenty percent (20%) of the net tract area in forest
cover shall be afforested up to at least twenty percent (20%) of the net tract area for the following land use categories:

[1] Agriculture and resource areas. [2] Medium-density residential areas
(b) A tract with less than fifteen percent (15%) of its net tract area in forest cover shall be afforested up to at least fifteen percent (15%) of the net tract area for the following land use categories:

[1] Institutional development areas. [2] High-density residential areas.
[3] Mixed-use and planned unit development areas. [4] Commercial and industrial use areas.
(2) Comply with the following when cutting into forest cover that is currently below the afforestation percentages described in Subsection A(l) and (2) of this section:

(a)  The required afforestation level shall be determined by the amount of forest existing before cutting or clearing begins; and

(b)  Forest cut or cleared below the required afforestation level shall be reforested or afforested at a two to one (2:1) ratio and added to the amount of afforestation necessary to reach the minimum required afforestation level, as determined by the amount of forest existing before cutting or clearing began.
 
B. Retention. The following trees, shrubs, plants and specific areas are considered priority for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated to the satisfaction of the Department that reasonable efforts have been made to protect them and the plan cannot be reasonably altered:

(1) Trees, shrubs and plants located in sensitive areas, including the one-hundred-year floodplain, intermittent and perennial streams and their buffers, steep slopes, nontidal wetlands and critical habitats.

(2) Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site.

(3) Trees, shrubs or plants determined to be rare, threatened or endangered under:

(a) The Federal Endangered Species Act of 1973 in 16 U.S.C. §§ 1531 through
1544 and in 50 CFR Part 17;

(b) The Maryland Nongame and Endangered Species Conservation Act, Natural Resources Article, §§ 10-2A-01 through 10-2A-09, of the Annotated Code of Maryland; and

(c) COMAR 08.03.08. (4) Trees that:
(a) Are part of a historic site;

(b) Are associated with a historic structure; or

(c) Have been designated by the state or the Department as a national, state or county champion tree.



(5) Any tree having a diameter measured at four and five-tenths (4.5) feet above the ground of:

(a) Thirty (30) inches or more; or

(b) Seventy-five percent (75%) or more of the diameter, measured at four and five- tenths (4.5) feet above the ground, of the current state champion tree of that species as designated by the Department of Natural Resources.

§ 88-10. Forest conservation threshold

A.  There is a forest conservation threshold established for all land use categories as provided in
Subsection B of this section. The forest conservation threshold means the percentage of the net
 
tract area at which the reforestation requirement changes from a ratio of one-fourth (V4) acre planted for each acre removed above the threshold to a ratio of two (2) acres planted for each acre removed below the threshold.

B. After reasonable efforts to minimize the cutting or clearing of trees and other woody plants have been exhausted in the development of a subdivision or project plan, grading and sediment control activities and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation or payment into the forest conservation fund, according to the formula set forth in Subsections B and C of this section and consistent with § 88-8A of this chapter, and the following forest conservation thresholds for the applicable land use category:

Category of Use    Threshold Percentage (percent) Agricultural and resource areas        50
Medium-density residential areas    25

Institutional development areas    20

High-density residential areas    20

Mixed-use and planned unit development areas    15

Commercial and industrial use areas    15

C. Calculations.

(1) For all existing forest cover measured to the nearest one-tenth (1/10) acre cleared on the net tract area above the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of one-fourth (1/4) acre planted for each acre removed.

(2) Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under Subsection C(l) of this section. For all existing forest cover measured to the nearest one-tenth (1/10) acre cleared on the net tract area below the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of-two (2) acres planted for each acre removed below the threshold.

§ 88-11. Sequence for afforestation and reforestation.

A. After techniques for retaining existing forest on the site have been exhausted the preferred sequence for afforestation and reforestation as determined by the Department is as follows:

(1)  Selective clearing and supplemental planting on site.
 
(2)  On-site afforestation or reforestation, if economically feasible, using transplanted or nursery stock that is greater than one and five-tenths (1.5) inches in diameter measured at four and five-tenths (4.5) feet above the ground.

(3)  On-site aff6restation or reforestation using whip and seedling stock.

(4)  Landscaping of areas under an approved landscaping plan which establishes a forest that is at latest thirty-five (35) feet wide and covering two thousand five hundred (2,500) square feet or more of area.

(5)  Off-site afforestation or reforestation, using transplanted or nursery stock that is greater than one and five-tenths (1.5) inches in diameter measured at four and five- tenths feet above the ground.

(6) Off-site afforestation or reforestation using whip and seedling stock. (7) Natural regeneration on-site.
(8) Natural regeneration off-site.

B.  A sequence other than the one described in Subsection A of this section may be used for a specific project, if necessary, to achieve the objectives of the land use plan or land use policies or to take advantage of opportunities to consolidate forest conservation efforts.

C.  The following are considered a priority for afforestation and reforestation to:

(1) Establish or enhance forest buffers adjacent to intermittent and perennial steams to widths of at least fifty (50) feet;

(2) Establish or enhance nonforested areas on one-hundred-year floodplains, when appropriate;

(3) Establish or increase existing forested corridors to connect existing forests within or adjacent to the site and, where practical, forested corridors should be a minimum of three hundred (300) feet in width to facilitate wildlife movement;
(4) Establish or enhance forest buffers adjacent to critical habitats where appropriate; (5) Establish plantings to stabilize slopes of twenty-five percent (25%) or greater and
slopes of fifteen percent (15%) or greater with a soil K value greater than thirty-five hundredths (0.35), including the slopes of ravines or other natural depressions;

(6) Establish buffers adjacent to areas of differing land use, when appropriate, or adjacent to highways or utility rights-of-way;
 
(7) Establish forest areas adjacent to existing forests to increase the overall area of
'contiguous forest cover, when appropriate; and

(8) Use native plant materials for afforestation or reforestation, when appropriate.

D. A person required to conduct afforestation or reforestation under this section shall accomplish it within one (1) year or two (2) growing seasons, whichever is a greater time period, following development project completion.

§ 88-12. Recommended tree species.

A. Tree species used for afforestation or reforestation shall be native to the county, when appropriate, and selected from a list of approved species established by the Department.

B. The Department shall adopt, from the Forest Conservation Manual, a list of tree species to be used for any required afforestation or reforestation.

§ 88-13. Financial security for afforestation and reforestation.

A. A person required to conduct afforestation or reforestation under this section shall furnish financial security in the form of a bond, an irrevocable letter of credit or other security approved by the Department. The surety shall:

(1) Assure that the afforestation, reforestation and the associated maintenance agreement are conducted and maintained in accordance with the approved forest conservation plan;

(2) Be in an amount equal to the estimated cost, as determined by the Department of
Natural Resources, of afforestation and reforestation; and
(3) Be in a form and of a content approved by the Department of Natural Resources. B. After one (1) growing season the person required to file a bond under Subsection A of this
section may request reduction of the amount of the bond or other financial security by submitting
a written request to the Department of Natural Resources with a justification for reducing the bond or other financial security amount, including estimated or actual costs to ensure that afforestation or reforestation requirements are met.

C. The Department of Natural Resources shall determine whether a lesser amount is sufficient to cover the cost of afforestation or reforestation, taking into account the following:

(1) The number of acres

(2) The proposed method of afforestation or reforestation. (3) The cost of planting materials or replacement materials.
 
(4) The cost of maintenance of the afforestation or reforestation project. (5) Other relevant factors.
D. If after two (2) growing seasons the plantings associated with the afforestation or reforestation meet or exceed the standards of the Forest Conservation Manual, the amount of the cash bond, letter or credit, surety bond or other security shall be returned or released.

E. A local forest conservation program may incorporate the financial security set forth in
Subsection D of this section or in COMAR 08.19.05.OIB.

§ 88-14. Protection  of trees from construction activities.

A. The town shall adopt standards for the protection of trees from construction activity that are at least as effective as the standards provided in the Department of Natural Resources Forest Conservation Manual.

B. Before cutting, clearing, grading or construction begins on a site for which a forest conservation plan is required by this chapter, the applicant shall demonstrate to the Department of Natural Resources that protective devices have been established.

§ 88-15. Variances.

A. A person may request a variance from this chapter or the requirements of Natural Resources Article, §§ 5-1601 through 5-1612, of the Annotated Code of Maryland, if the person demonstrates that enforcement would result in unwarranted hardship to the person.

B. An applicant for a variance shall:

(1) Describe the special conditions peculiar to the property which would cause the unwarranted hardship;

(2) Describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas;

(3) Verify that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants;

(4) Verify that the variance request is not based on conditions or circumstances which are the result of actions by the applicant;

(5) Verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; and

(6) Verify that the granting of a variance will not adversely affect water quality.
 
C. The Department of Natural Resources shall make findings that the applicant has met the requirements in Subsections A and B of this section before the Department of Natural Resources may grant a variance.

D. Notice of a request for a variance shall be given to the Department of Natural Resources within fifteen (15) days of receipt of a request for a variance.

E. There is established by this chapter the right and authority of the Department of Natural Resources to initiate or intervene in an administrative, judicial or other original proceeding or appeal in the state concerning an approval of a variance under Natural Resources Article, §§ 5-
1601 through 5-1612, of the Annotated Code of Maryland, or this chapter.
 
§ 88-16. Enforcement; violations and penalties.

A. Enforcement; noncompliance fees.

(1) A person found to be in noncompliance with this chapter, regulations adopted under this chapter, the forest conservation plan or the associated two-year maintenance agreement, shall be assessed by the Department of Natural Resources the penalty of thirty cents ($0.30) per square foot of the area found to be in noncompliance with required forest conservation.

(2) Money collected under Subsection A(l) of this section shall be deposited in the forest conservation fund and may be used by the Department of Natural Resources for purposes related to implementing this chapter.

B. [Amended 9-28-1995 by Ordinance No. 1995-0-12] Violation.

(1) In addition to the provisions under Subsection A of this section, a violation of any provision of this chapter or a regulation or order adopted or issued under this chapter shall constitute a municipal infraction.

(2) Each day a violation continues is a separate violation.

C. The town may seek an injunction requiring the person to cease violation of this chapter and take corrective action to restore or reforest an area. [Amended 9-28-1995 by Ordinance No. 1995-0-
12]

D. The enforcement penalties [Amended  8-22-96 as Ordinance No. 1996-0-6] under COMAR
08.19.06.03 are hereby incorporated herein by reference [Editor's Note: These provisions are included in the Appendix to this Code as Ch. A165, Forest Conservation]. Each reference in the aforementioned COMAR section to the "Department" shall be construed as a reference to the Planning Commission of the town of Greensboro. [Amended 9-28-1995 by Ordinance No. 1995-
0-122] [Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art.
1. In addition, original Article XVI, Annual Report, and Art XVII, Biennial Review by the
Department of Natural Resources, which immediately followed this section, were repealed 9-28-
1995 by Ordinance No. 1995-0-12.]

§ 88-17. Effective date; subsequent amendments.

A. This chapter is hereby enacted and becomes effective January 1, 1993. This chapter may be amended as required. All amendments to this chapter are subject to the approval of the Department of Natural Resources.

B. All projects and subdivisions which meet the zoning, subdivision, sediment control and storm drain requirements on and after July 1, 1991, up to the effective date of this chapter are accepted as approved.
 
C. The following references are cited for use with this chapter wherever there are questions of interpretation and clarification:

(1) Forest Conservation Manual, December 31, 199 1.

(2) Forest Conservation Act and Regulations issued February 1992. (3) COMAR 08.19.04 State Forest Conservation Program.
(4) COMAR 08.19.05 Forest Conservation Maintenance and Management Agreements. (5) COMAR 08.19.06 Additional Requirements for State and Local Programs. [Editor's Note: These provisions are included in the Appendix to Us Code as Ch. A165, Forest Conservation.]

(6) COMAR 08.19.06 Additional Requirements for State and Local Programs. [Editor's Note: These provisions are included in the Appendix to this Code as Ch. A165, Forest Conservation.]
 
Chapter 93
HUNTING AND FIREARMS

§ 93-1. Definitions
§ 93-2. Hunting of game unlawful.
§ 93-3. Discharge of weapons.
§ 93-4. Exemptions.
§ 93-5. Seizure of weapons.
§ 93-6. Intent and purpose.
§ 93-7. Concealed weapons
§ 93-8. Violations and penalties.

[HISTORY: Adopted by the Town Council of the Town of Greensboro  7-6-1981 as Ch. II, Art. 1, of the 1981 Code. Amendments noted where applicable.]



§ 93-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

GAME - Includes all wild birds and wild animals and all domesticated animals, whether protected or unprotected under the game laws of the State of Maryland, found in a wild state.

§ 93-2. Hunting of game unlawful.

It shall be unlawful for any person to hunt for, catch, take, wound or kill game of any kind through the use of a pistol, revolver, bow and arrow, slingshot, shotgun, rifle, air rifle, air gun, pellet gun
or firearm or weapon from which a shot or other object is discharged within the Town of
Greensboro or on town-owned property.

§ 93-3. Discharge of weapons.

It shall be unlawful to discharge a rifle, air rifle or air gun of any kind and description which impels with force a pellet of any kind or to discharge a bow and arrow, slingshot, shotgun, gun or any firearm or weapon from which a shot or other object is discharged within the Town of Greensboro or on town-owned property.

§ 93-4. Exemptions.

The provisions of this chapter shall not apply to:

A. Properly authorized law enforcement officers acting in their line of duty or in training.

B. The members of duly organized gun, rifle or archery clubs or their bona fide guests or of a military organization, upon the ranges of such clubs or organization, under the control and supervision of the duly constituted officers of such clubs or organizations.
 

C. The patron of commercial ranges.

D. Those persons in possession of permits issued by the town for hunting in certain areas within the Town of Greensboro.

§ 93-5. Seizure of weapons.

Authorized enforcing agents are hereby authorized to seize and retain any rifle, air rifle or air gun of any description or ammunition or pellets for the same or any bows and arrows, slingshots, shotguns, guns or any firearm or weapon from which a shot or other object is discharged which shall be used, discharged or possessed within the Town of Greensboro or on town-owned property, in violation of this chapter.

§ 93-6. Intent and purpose.
.
It is the intent and purpose of this chapter that the killing of game or vermin of any kind through
the use of a rifle, air rifle, air gun or bow and arrow, slingshot, shotgun, gun or any firearm or weapon from which a shot or other object is discharged shall be unlawful.

§ 93-7. Concealed weapons.

A.  Any person who shall within the town limits have concealed about his person any deadly or dangerous weapon or who shall carry openly any such weapon with the intent to unlawfully use the same shall, upon conviction, be subject to the penalties as hereinafter provided.

B.  The officers, noncommissioned officers and privates of the United States Army, Navy or Marine Corps, or any regularly organized military company, police officers, officers guarding prisoners, officials of the United States or any state or the District of Columbia, engaged in the execution of the laws for the protection of persons or property, when any of such persons are on duty, shall not be liable for carrying necessary arms for use in performance of their duty; and nothing contained in this section shall be so construed as to prevent any person from keeping or carrying about his place of business, dwelling house or premises, any such dangerous weapon or from carrying the same from the place of purchase to his dwelling house or place of business to any place where repairing is done to have the same repaired and back again.

§ 93-8. Violations and penalties. [Amended 9-28-1995 by Ordinance No. 1995-0-12]

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
 
Chapter 95
IMPACT FEES
[Adopted 11/1/04 by Ordinance 2004-O-31]

Sections:
§ 95.01    Authority and purpose.
§ 95.02    Applicability.
§ 95.03    Geographic scope.
§ 95.04    Imposition of impact fees.
§ 95.05    Approval of development.
§ 95.06    Fee schedules and establishment of service area.
§ 95.07    Calculation of impact fees.
§ 95.08    Payment of fees.
§ 95.09    Time of payment of impact fees.
§ 95.10    Funding of projects.
§ 95.11    Use and disposition of dedicated land.
§ 95.12    Refunds.
§ 95.13    Appeals.
§ 95.14    Necessity of compliance.

§ 95.01. Authority and purpose.

A.  This chapter is enacted pursuant to Article 23A, §2(b)(33), and Article 66B, Annotated Code of Maryland and Chapter 135 of the Code of the Town of Greensboro (“Town”) relating to subdivisions.

B.  The purpose of this chapter is to:

1.  Develop a program consistent with the Town’s parks, open space and recreation and public safety plan for the joint public and private financing of park improvements; additional fire protection and police protection services and facilities; and water and sewage capacity and facilities necessitated in whole or in part by development in the Town;

2.  Ensure adequate levels of general services within the Town;

3.  Create a mechanism to charge and collect fees to ensure that all new development bears its proportionate share of the capital costs of off-site parks reasonably related to new development; to maintain adopted levels of park service; to create additional fire protection and police protection services and facilities; and water and sewage capacity and facilities, all reasonably related to new development;

4.  Ensure that the Town pays its fair share of the capital cost of parks, fire and police protection facilities; and water and sewage capacity and facilities.

5.  Ensure fair collection and administration of such impact fees.
 

C.  The provisions of this chapter shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety and welfare.

95.02 Applicability.  The requirements of this chapter apply to all subdivisions as defined in
Chapter 135.

95.03 Geographic scope.  The boundaries within which impact fees shall be charged and collected are the same as the corporate Town limits. All unincorporated areas annexed to the Town on and after the effective date of the ordinance codified in this chapter shall be subject to the provisions of this chapter.

94.04 Imposition of impact fees.

A.  The MAYOR AND COUNCIL ARE hereby authorized to impose impact fees on new development which requires the approval of a subdivision map by the Town.

B.  Impact fees may be required pursuant to the impact fee schedule adopted through the process described herein, or mitigation may be provided through: (1) the purchase, installation and/or improvement of park, fire protection or police protection facilities, or water and sewage facilities or (2) the dedication of land.

C.    Impact fees:

1.  Shall only be imposed for park facilities, additional fire protection and police protection services and facilities, and water and sewage capacity and facilities that are reasonably related to the impacts of development;

2.  Shall not exceed a proportionate share of the costs of park facilities, additional fire and police protection services and facilities, and water and sewage capacity and facilities that are reasonably related to new development;

3.  Shall be used for park facilities, additional fire and police protection services and facilities, and water and sewage capacity and facilities that will reasonably benefit the new development;

4.  Shall not be used to correct existing deficiencies;

5.  Shall not be collected for any development approved prior to the date of adoption of the ordinance codified in this chapter unless changes or modifications in the development requiring Planning Commission approval are subsequently proposed which result in greater direct impacts on park facilities, fire protection and police protection services and facilities, and water and sewage capacity and facilities than were considered when the development was first approved;
 
6.  Shall be collected only once for each development, unless changes or modifications to the development are proposed which result in greater direct impacts on park facilities, fire protection and police protection services and facilities, and water and sewage capacity and facilities than were considered when the development was first permitted;

7.  May be imposed for system improvement costs previously incurred by the Town, to the extent that new growth and development will be served by the previously constructed improvements; provided, that such fee shall not be imposed to make up for any system improvement deficiencies.

95.05 Approval of development.  Prior to approving or permitting a development, the Planning Commission shall consult with the Town Manager concerning mitigation of a development’s impacts.

95.06 Fee schedules and establishment of service area. Impact fee schedules setting forth the amount of the impact fees to be paid by development shall be established by resolution of the Mayor and Council following receipt and consideration of the Town Manager’s calculation of impact fees.

95.07 Calculation of impact fees.

A.  The Town Manager shall calculate the impact fees by:

1.  Determining the standard fee for similar types of development, which shall be reasonably related to each development’s proportionate share of the cost for park facilities, fire protection and police protection services and facilities, and water and sewage capacity and facilities; and shall be calculated as set forth in Appendix A.

2.  Reducing the proportionate share by applying the benefit factors described in this section. B.  In calculating proportionate share, the Town Manager shall:
1.  Identify all park facilities, fire protection and police protection services and facilities, and water and sewage capacity and facilities that will be impacted by users from each development;

2.  Identify when the capacity of park facilities, fire protection and police protection facilities, and water and sewage capacity and facilities has been fully utilized;

3.  Update the data as often as practicable;

4.  Estimate the cost of maintaining the Town’s level of park facilities, fire protection and police protection facilities, and water and sewage capacity and facilities and then update
the cost estimates when such costs are in danger of becoming unrepresentative, considering the:
 
a.   Availability of other means of funding park facilities, fire protection and police protection facilities, and water and sewage capacity and facilities ;

b.  Cost of existing park facilities, fire protection and police protection facilities, and water and sewage capacity and facilities; and

c.   Methods by which park facilities, fire protection and police protection facilities, and water and sewage capacity and facilities were financed.

C.  The Town Manager shall reduce the calculated proportionate share by giving credit for the following benefit factors:

1.  The purchase, installation and/or improvement of park facilities, fire protection facilities, police protection facilities, or water and sewage facilities if:

a.   the facilities are located on land owned by the Town; and

b.  a designated public owner is responsible for permanent,    continuing maintenance and operation of the facilities; and

c.   the Town Manager determines that the facilities correspond to the type(s) of park facilities, fire protection facilities, police protection facilities, or water and sewage facilities being impacted by the development as determined pursuant to this chapter; and

d.  the Town Manager determines, based on an analysis of supply and demand data, that the proposed park facility improvements, volunteer fire department facilities, police department facilities, and water and sewage facilities better meet the Town’s need for such facilities than would payment of funds to mitigate the park, fire, police and water and sewage impacts of the development.

2.  The credit against the impact fee shall be equal to the fair market value of the purchase, installation and/or improvement.

3.  Any applicable benefit factors that are demonstrated by the applicant not to have been included in the calculation of the impact fee.

4.  When the Town Manager has agreed to a developer’s proposal to satisfy some or all of the impact fee through the purchase, installation and/or improvement of park, fire protection and police protection facilities, and water and sewage facilities, the developer shall prepare and submit a facility improvement plan to the Town Manager for approval prior to recordation of the final subdivision plats, and prior to issuance of a building permit for all developments not requiring approval of a subdivision plat.

5.  In the determination of credit toward the impact fee, the Town Manager shall also consider the extent to which the proposed dedication or conveyance meets the following criteria:
 

a.   The land should result in an integral element of the Town park system, fire protection system, police protection system, or water and sewage system;

b.  The land is suitable for future park facilities, fire protection facilities, police protection facilities, or water and sewage facilities;

c.   The land is of an appropriate size and of an acceptable configuration;

d.  The land has public access via a public street or an easement of an equivalent width and accessibility;

e.   The land is located in or near areas designated by the Town on land use plans for park, trail or recreation purposes, for public buildings and volunteer fire or police department buildings; or water and sewage facilities;

f.    The land has been surveyed or adequately marked with survey monuments, or otherwise readily distinguishable from adjacent privately owned property;

g.   The land has no known physical problems associated with it, such as the presence of hazardous waste, drainage, erosion, or flooding problems which the Town Manager determines would cause inordinate demands on public resources for maintenance and operation;

h.  The land has no known safety hazards;

i.    The developer is able to provide documentation, as nearly as practicable, of the land’s compliance with the criteria of this subsection, and of clear title; and

6.  The amount of credit determined pursuant to this subsection shall be credited proportionately among all the units in the development, and the impact fee for each unit for which a permit or approval is applied shall be reduced accordingly.

7.  Applicants may not request that an impact fee credit be provided for a proposed development based upon taxes, user fees, assessments, improvements, payments or other benefit factors applicable to property that is not included within the proposed development.

95.08 Payment of fees.

A.  All developers shall pay an impact fee in accordance with the provisions of this chapter, which shall be calculated by the Town at the time that the subdivision plat is ready for final approval by the Planning Commission.

B.  The impact fee shall be recalculated if the application is modified or conditioned in such a way as to alter park impacts, volunteer fire department protection impacts, police protection impacts, and water and sewage impacts for the development.
 

C.  A developer may obtain a preliminary determination of the impact fee before submitting an application for a development permit by providing the Town Manager with the information needed for processing. However, because impact fees are not subject to the vested rights doctrine, the fee actually paid by the developer will be the impact fee in effect at the time of building permit issuance, regardless of any preliminary determination.

95.09 Time of payment of impact fees.

A.  Payment of any required impact fees calculated as set forth in 95.07, above, shall be made prior to the signing of the final subdivision plat by the Planning Commission.

B.  When a subdivision or development is conditioned upon the dedication of land, or the purchase, installation or improvement of facilities, a final plat shall not be recorded, and a building permit shall not be issued for development on the land to be subdivided until:

1.  The Town Manager has determined in writing that any land to be dedicated is shown on the face of the final plat, and a deed conveying the land to the Town has been recorded with the Caroline County Clerk of Court; and

2.  The Town Manager has determined in writing, after consultation with the designated public owner responsible for permanent, continuing maintenance and operation of the facilities, that the developer has satisfactorily undertaken, or guaranteed to undertake in a manner acceptable to the Town Manager, any required purchase, installation or improvement of the park or facility.

95.10 Funding of projects.

A.  An impact fee trust and agency fund is hereby created. The Town Manager and the Town Clerk/Treasurer shall be the fund managers. Impact fees shall be placed in appropriate deposit accounts within the impact fee fund.

B.  The impact fees paid to the Town shall be held and disbursed as follows:

1.  The fees collected for each project shall be placed in a deposit account within the impact fee fund;

2.  When the council appropriates capital improvement project (CIP) funds for a project on the project list, the fees held in the impact fee fund shall be transferred to the CIP fund. The
non-impact fee moneys appropriated for the project shall comprise both the public share of the project cost and an advancement of that portion of the private share that has not yet been collected in impact fees;

3.  The first money spent by the Town on a project after a council appropriation shall be deemed to be the fees from the impact fee fund;
 
4.  Fees collected after a project has been fully funded by means of one or more council appropriations shall constitute reimbursement to the Town of the funds advanced for the private share of the project. The public moneys made available by such reimbursement shall be used to pay the public share of other projects;

5.  All interest earned on impact fees paid shall be retained in the account and expended for the purpose or purposes for which the impact fees were imposed.

C.  Projects shall be funded by a balance between impact fees and public funds, and shall not be funded solely by impact fees.

D.  Impact fees shall be expended or encumbered for a permissible use within six years of receipt, unless there exists an extraordinary or compelling reason for fees to be held longer than six years. The Town Manager may recommend to the Council that the Town hold fees beyond six years in cases where extraordinary or compelling reasons exist. Such reasons shall be identified in written findings by the Council.

E.  The Town Manager shall prepare an annual report on the impact fee account showing the source and amount of all moneys collected, earned or received and projects that were financed in whole or in part by impact fees.

95.11 Use and disposition of dedicated land. All land dedicated or conveyed pursuant to this chapter shall be set aside for development of park facilities, volunteer fire protection facilities, police protection facilities, or water and sewage facilities, as the case may be. The Town shall make every effort to use, develop and maintain land dedicated or conveyed for such facilities. In the event that use of any such dedicated land is determined by the Town Council to be unfeasible for development of any such facilities, the dedicated land may be sold or traded for another parcel of land in the Town. The proceeds from such a sale shall be used to acquire land or develop such facilities in the Town.

95.12 Refunds.

A.  A developer may request and shall receive a refund when the developer does not proceed with the development activity for which impact fees were paid, and the developer shows that no impact has resulted.

B.  In the event that impact fees must be refunded for any reason, they shall be refunded with interest earned to the owners as they appear of record with the Department of Assessment and Taxation at the time of refund.

C.  When the Town seeks to terminate any or all impact fee requirements, all unexpended or unencumbered funds shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the Town shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of claimants. All funds available for refund shall be retained for a period of one year. At the end of one year,
 
any remaining funds shall be retained by the Town, but must be expended on projects on the Town’s adopted plans. This notice requirement shall not apply if there are no unexpended or unencumbered balances within an account or accounts being terminated.

95.13 Appeals.

A.  Decision by Town Manager. The Town Manager shall issue a written decision on the impact fee amount as described in this chapter.

B.  Reconsideration by Town Manager.

1.  In order to appeal the Town Manager’s decision, the developer shall make a written request to the Town Manager for a meeting to review the fee amount, together with a written request for reconsideration. The request for reconsideration shall state in detail the grounds for the request.

2.  The Town Manager shall consider any studies and data submitted by the developer seeking to adjust the amount of the fee. The Town Manager shall issue a decision on reconsideration within 10 working days of the Town Manager’s receipt of the request for reconsideration or the meeting with the developer, whichever is later.

C.  Appeal of Decision on Reconsideration to Town Council. A developer may appeal the
amount of the impact fee established in the Town Manager’s decision on reconsideration to the
Town Council, which shall conduct a public hearing on the appeal.

1.  An appeal of the impact fee as established by the Town Manager’s decision on reconsideration may be filed without appealing the underlying permit. If    the developer files an appeal of the underlying permit and the impact fee, the appeals shall be consolidated.

2.  The developer shall bear the burden of proving:

a.   That the Town Manager committed error in calculating the developer’s proportionate share, as determined by an individual fee calculation, or, if relevant, as set forth in the impact fee schedule, or in granting credit for the benefit factors; or

b.  That the Town Manager based his determination upon incorrect data.

3.  An appeal of the Town Manager’s decision on reconsideration must be filed with the Town
Clerk-Treasurer within 14 calendar days of that decision.

95.14 Necessity of compliance. A development permit issued after the effective date of the ordinance codified in this chapter shall be null and void if issued without substantial compliance with this chapter.
 
Chapter 99
LITTERING

§ 99-1. Dirt and trash on roadways and alleys.
§ 99-2. Throwing glass or refuse upon streets or alleys.
§ 99-3. Violations and penalties.

[HISTORY: Adopted by the Town Council of the Town of Greensboro  7-6-1981 as Ch. V, Art. IV, Sections 4 and 5, of the 1981 Code. Amendments noted where applicable.]



§ 99-1. Dirt and trash on roadways and alleys.

A. No person engaged in excavating, repairs to structures or grounds or construction or having charge or control of excavation, repairs to structures or grounds or construction or who may be engaged in or have charge or control of conveying material to or from excavations, repairs to structures or grounds or construction shall deposit, or permit to be deposited, in any manner, upon the surface of any street, alley, avenue, highway, footway, sidewalk, parking or other public space within the corporate limits of the Town of Greensboro, either by placing, spilling, dropping or tracking from the wheels of vehicles, or otherwise, any earth, clay, mud, sand, gravel or other material. If any such deposit occurs, every person whose duty it is under this chapter to prevent such deposit shall promptly remove the same. All macadamized or broken stone roadways adjacent to excavations or traversed by vehicles, either in the process of conveying material from
an excavation or in returning from the place of deposit to the place of excavation, shall be covered with planking so far as may be required to prevent any mud, earth, clay or other material from the excavation or from the place of deposit from reaching the surface of such roadway.

B. No one being the owner, driver, manager or conductor of any cart or other vehicle shall carry or convey or cause to be carried or conveyed in such vehicle any earth, sand, gravel, broken stone, dirt, paper and other rubbish or any articles whatsoever within the corporate limits of said Town of Greensboro so that the same shall or may be scattered, dropped, let fall, blown or spilled
therefrom; and all vehicles conveying combustible refuse or foul, dusty or offensive matter of any sort shall have tight bodies and be closely and securely covered. All vehicles conveying wastepaper and wastepaper products, bailed, sacked or otherwise, shall be closely and securely covered.

C. Owners of lots abutting upon streets, avenues or alleys or upon public parking or other public space in the Town of Greensboro and which are above grade shall protect such lots so as to prevent dirt, sand or gravel or any bushes, trees or like thing from falling or being washed upon the sidewalks, streets, alleyways or other public space adjacent to the same.

§ 99-2. Throwing glass or refuse upon streets or alleys.

It shall be unlawful for any person to cast or throw into any street, alley, avenue or highway or in the river within the jurisdiction of the town authorities any glass, glassware, crockery, porcelain or
 
other similar substances or pieces thereof or any pieces of iron, hardware or sharp metal, nails, tacks or other articles or any wastepaper, trash, rubbish, garbage or refuse of any kind.

§ 99-3. Violations and penalties. [Amended 9/28/1995 by Ordinance No. 1995-0-12] Violations of any of the provisions of this chapter shall constitute a municipal infraction.
 
Chapter 105
NOISE

§ 105-1. Unlawful noise.
§ 105-2. Unlawful acts enumerated.
§ 105-3. Applications and permits.
§ 105-4. Exceptions.
§ 105-5. Enforcement.
§ 105-6. Engine or exhaust braking device
§ 105-7. Violations and penalties.



[HISTORY: Adopted by the Town Council of the Town of Greensboro  7/6/1981 as Ch. III, Art. V, of the 1981 Code. Amendments noted where applicable.]

 

Animals - See Ch.47.
Building construction - See Ch. 57.
 
GENERAL REFERENCES
 



§ 105-1. Unlawful noise.

It shall be unlawful for any person or persons to make continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which endangers the health, safety or welfare of the community or which annoys, disturbs, injures or endangers the comfort, rest, health, peace or safety of others within the Town of Greensboro.

§ 105-2. Unlawful acts enumerated.

The following acts, among others, are declared to be loud, unnecessary, disturbing and a danger to the health, safety and welfare of the community and its people, in violation of § 105-1, but the enumeration shall not be deemed to be exclusive:

A.  Using, operating or permitting to be played, used or operated any radio, television, hi-fi, stereo, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of any person or persons in the vicinity. The operation of any such machine or device between the hours of 10:00 p.m. and
7:00 a.m. in such a manner as to be plainly audible at a distance of twenty-five (25) feet from the building, structure, device or vehicle in which it is located shall be prima facie evidence of a violation of this section. Any person or persons who cause production of said sound through the operation of the machines or devices enumerated herein may be deemed a violator of this chapter.

B.  Yelling, shouting, hooting, whistling or singing or the making of loud and disturbing noises by the use of clappers, bells, horns, musical instruments or similar devices at any time or place so
 
as to unreasonably annoy or disturb the quiet, comfort or rest of any person in any residence, hospital, school, place of business, street or public place.

C.  The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any person or persons in the vicinity.

D.  The use of any automobile, motorcycle, truck or vehicle so out of repair or loaded or operated in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.

E.  The creation of loud and excessive noises in connection with the loading or unloading of any vehicle or their operating and distraction of bales, boxes, crates and containers.

F.  The operation or use of any power mower, chainsaw, fence post driller or the like between the hours of 10:00 p.m. and 7:00 a.m.:

G.  Any of the following activities when occurring in close proximity to residences between 10:00 p.m. and 7:00 a.m.:

(1) The warming up or idling of buses, trucks or trailers.

(2) The unnecessary or unreasonable or repeated idling, acceleration and deacceleration or starting and stopping of automobiles and motorcycles.

H.  Using, operating or permitting to be played, used or operated any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder or other machine or device for the producing or reproducing of sound which is left upon the public streets for the purpose of commercial advertising or for any other purpose except as authorized by the government or in public emergencies, provided that such devices may be employed in connection with nonprofit charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefore from the Clerk/Treasurer of the Town of Greensboro pursuant to § 105-3 hereof. [Amended 8/22/96 as Ordinance  No. 1996-0-6]

I.    Outdoor concerts, except in accordance with permits first obtained therefore from the Clerk/Treasurer of the Town of Greensboro pursuant to § 105-3 hereof. [Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. 1.]

J.    The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street building or structure at any time on Sundays or other than between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on all other days, except in case of urgent necessity in the interest of public health and safety, and, if the nature of emergency will admit the prior procurement of a permit, then only in accordance
with a permit first obtained from the Town Engineer as to public street work or from the Town Building Inspector as to other work, pursuant to § 105-3 hereof. Such a permit may be granted for a period not to exceed three (3) days or less while the emergency continues. Notwithstanding the foregoing, if the Clerk/Treasurer or Building Inspector, as the case may be, shall determine that the public health and safety will not be impaired by such work within
 
the prohibited hours and that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the prohibited hours upon application being made at the time the permit for the work is issued or during the progress of the work. The provisions of this subsection shall not apply to interior alterations, the work for which is actually performed by a homeowner or occupant personally, between the hours of 7:00 a.m. and 10:00 p.m. upon residential premises that are owned by such occupant, provided that the work shall be done without undue noise or disturbance of the peace and quiet of the neighborhood. [Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. 1.]

K.  The creation of any excessive noise on any street or property adjacent to any school, institution of learning, church or court while the same is in use or adjacent to any hospital which unreasonably interferes with the working of such institution or which disturbs or unduly
annoys patients in the hospital.

§ 105-3. Applications and permits.

A.  The officer charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 105-2 hereof shall issue permits for such activities if such officer shall find that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law or create a public nuisance and that the public health and safety will
not be endangered thereby.

B.   Permits shall specify the dates and hours of the permitted activities, which shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m. unless the issuing officer shall determine that it is in the best interest of the community that the activities take place wholly or partially during such hours.

C.   The issuing officer is authorized to adopt and use such forms of applications and permits as may be reasonably required in the performance of his duties. Each application for a permit shall be accompanied by a fee as provided in the fee schedule so set by the Town Council, which fee shall be payable to the Town of Greensboro. [Editor's Note: Original Section 4, Appeal from the Denial of Permit, which immediately followed this section, was deleted at time of adoption of Code; see Ordinance No. 1996-0-6 adopted 8-22-96]



§ 105-4. Exceptions.

Nothing in this chapter shall be construed to apply to church bells or chimes nor to the playing of bands or orchestras in a hall or building in a manner which will not annoy the peace, comfort and quiet of the neighboring inhabitants nor to municipal, county, state or federal government agencies in connection with any emergency nor to normal working activities of or activities sponsored by the Town Council nor to warning devices on other vehicles used only for traffic safety purposes.

§ 105-5. Enforcement.
 

In addition to the public, law enforcement officers and others who, by the law, are entitled to enforce or bring complaints under this chapter and the officers who are designated hereunder for the issuance of permits shall have the power to enforce and bring complaints under this chapter.

§ 105-6. Engine or exhaust braking device. [Amended by Ordinance No. 2003-O-10 on
12/1/03]
A.  No person shall operate exhaust braking devices within the Town of Greensboro Town limits. B.  This Section does not prohibit the use of such exhaust braking devices in a bonafide
emergency and does not prohibit or require any action which would violate Chapter 22,
Subtitle 3 of the Transportation Article.

§ 105-7. Violations and penalties. [Amended 9/28/1995 by Ordinance No. 1995-0-12]
Violations of any of the provisions of this chapter shall constitute a municipal infraction.
 
Chapter 111
OCCUPANCY PERMITS

§ 111-1. Applicability; compliance with other provisions.
§ 111-2. Permit required.
§ 111-3. Rental properties.
§ 111-4. Inspection prior to sale.
§ 111-5. Permit application; fee.
§ 111-6. Word usage.
§ 111-7. Violations and penalties.

[HISTORY: Adopted by the Town Council of the Town of Greensboro 12/6/1982. Amendments noted where applicable.]

 

Building construction - See Ch. 57. Property maintenance - See Ch. 121.
 
GENERAL REFERENCES
 

§ 111-1. Applicability; compliance with other provisions.

All locations requiring an occupancy permit, such as new construction; altered, nonconforming use; all rental properties each time a new occupant moves in; and all properties sold before new owners can occupy, must comply with the Town of Greensboro, Maryland, Building and Maintenance Codes (BOCA). [Editor's Note: See Ch. 57, Building Construction, and Ch. 121, Property Maintenance.]

§ 111-2. Permit required.

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use and structure until the premises have been inspected and an occupancy permit issued stating that the proposed use of the building or land conforms to the requirements of the Building and/or Maintenance Codes (BOCA).

§ 111-3. Rental properties.

It shall be unlawful for owners of rental property to permit occupancy until property has been inspected and found to meet the requirements of the Building and/or Maintenance Codes and an occupancy permit issued by the Zoning Inspector. Each time a building becomes vacated, before it can be occupied by new tenants the premises must be inspected and a new occupancy permit issued.

§ 111-4. Inspection prior to sale.
 
When a property is sold, before it can be occupied by new owners, the property must be inspected to ensure that it complies with the Building and/or Maintenance Codes and an occupancy permit issued.

§ 111-5. Permit application; fee.
It is the responsibility of the owner(s) of the property, before occupancy or renting said property,
to make application to the town for an occupancy permit and pay an application fee of fifty dollars ($50.) for change of occupancy and one hundred dollars (100.00) for new constructions for each application.

§ 111-6. Word usage.

For the purpose of this chapter, the "building code" is the BOCA Basic Building Code and the
"Maintenance Code" is the BOCA Basic Property Maintenance Code.

§ 111-7. Violations and penalties. [Amended 9/28/1995 by Ordinance No. 1995-0-12]

Failure to obtain a zoning occupancy permit shall constitute a municipal infraction. Each day that an owner of rental property permits occupancy prior to issuance by the Zoning Inspector of an occupancy permit as required by this chapter shall constitute, and be punishable as, a separate offense.

§111-8.  Issuance of occupancy permits and non-payment for municipal services. [Amended
7/21/1999 by Ordinance No. 1999-O-11]

A. That no occupancy permit shall be issued by the Town for occupancy of property against which liens have arisen for non-payment for any municipal services.

A.  In the case of an owner of property who leases four or more rental units in the Town, no occupancy permit shall be issued by the Town for occupancy of any unit owned by an owner of any property against which a lien for non-payment for any municipal services has arisen, whether or not the property for which the occupancy permit is sought is the
property against which the lien has arisen.
 
Chapter 117
PEDDLING AND SOLICITING

§ 117-1. License required.
§ 117-2. Definitions.
§ 117-3. Application for license; hours.
§ 117-4. Investigation  and issuance of license.
§ 117-5. Fees.
§ 117-6. Exhibition of license.
§ 117-7. Duration of license.
§ 117-8. Revocation of license.
§ 117-9. Inspections.
§ 117-10. Exceptions.
§ 117-11. Violations and penalties.

[HISTORY: Adopted by the Town Council of the Town of Greensboro  7/6/1981 as Ch. III, Art. 1, of the 1981 Code. Amendments noted where applicable.)



§ 117-1. License required.

It shall be unlawful for any peddler, hawker, vendor, canvasser or solicitor, as hereinafter defined, to engage in such activity within the Town of Greensboro without first obtaining a license therefore in accordance with the provisions of this chapter.

§ 117-2. Definitions.
When used in this chapter, the following terms shall have the following meanings: ITINERANT MERCHANTS, TRANSIENT VENDORS and SALESMEN - In the category of
peddler, hawker, vendor, solicitor or canvasser, as set forth herein.

PEDDLER, HAWKER and VENDOR - Includes any person, whether a resident of the Town of Greensboro or not, traveling either by foot, vehicle or any other type of conveyance, who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise and offering or exposing the same for sale or making sales and delivering articles to purchasers or who engages in any of the foregoing activities from a stationary location on the street or other public place.

SOLICITOR or CANVASSER - Includes any person, whether a resident of the Town of Greensboro or not, who goes from house to house, from place to place or from street to street soliciting or taking or attempting to take orders for the sale of services to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject for such order and whether or not he is collecting advance payments on such orders or who engages in soliciting junk or who engages in any of the foregoing activities from a stationary location on the street or other public place.
 

§ 117-3. Application for license; hours.

A.  Applicants for a license under this chapter shall file with the Town clerk a sworn application, in writing on a form to be furnished by the Town Clerk, which shall give the following information.

(1) Name and description of the applicant.

(2) Permanent home address and local mailing address, if any, of applicant.

(3) A brief description of the nature of the business and the goods to be sold and the name and address of the principal office of their manufacturer, as well as the name and address of the agent designated to receive service of process in the State of Maryland.

(4) If employed, the name and address of the employer.

(5) The length of time for which the right to do business is desired. (6) The applicants' fingerprints, at the request of the Police Chief.
(7) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than a traffic violation, and the nature of the offense and the punishment or penalty assessed therefore.

(8) Whether or not orders are to be solicited or taken for future delivery of goods or performance of services and whether or not soliciting is for funds.

B.  The time of solicitation, peddling, hawking, vending and canvassing shall be between the hours of 9:00 a.m. and 8:00 p.m.

§ 117-4. Investigation  and issuance of license.

A.  Upon receipt of such application, the original shall be referred to the Police Chief, who shall cause to be made such investigation of the applicant's business and moral character as he deems necessary for the protection of the public welfare.

B.   If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Police Chief shall endorse on such application his disapproval and his reason for the same and return the application to the Town Clerk, who shall notify the applicant that his application is disapproved.

C.   If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Police Chief shall endorse his approval on the application, returning the application to the Town Clerk, who shall, upon payment of the prescribed
 
license fee, execute and deliver to the applicant his license. The Clerk shall keep a record of all licenses issued and of all complaints received, if any, concerning each license.

§ 117-5. Fees.

A fee as provided by ordinances of the town shall be paid by each applicant upon the issuance of each license, except as otherwise provided by law.

§ 117-6. Exhibition of license.

All licenses issued must be worn or displayed in such a manner as to be readily visible when engaged in the activities regulated herein.

§ 117-7. Duration of license.

All licenses issued under this chapter shall expire at the end of the calendar year in which they are issued. License shall not be transferable and must be surrendered after expiration before a renewal license can be issued.

§ 117-8. Revocation of license.

A. Licenses issued under this chapter may be revoked by the Police Chief after reasonable notice and hearing for any of the following causes:
(1) Misrepresentation or false statement contained in the application for the license. (2) Misrepresentation or false statement made in the course of carrying on activities
regulated herein.

(3) Conviction of any crime or misdemeanor involving moral turpitude.

(4) Conducting the business of soliciting and canvassing in an unlawful manner, in violation of this chapter or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

C.  Notice of hearing for revocation of a license shall be given in writing, setting forth the grounds of complaint and the time and place of the hearing. Such notice shall be served, personally upon the licensee or mailed, postage prepaid, to the licensee at addresses given by the licensee in making application under § 117-3 herein, at least five (5) days prior to the date set for hearing. [Editor's Note: Original Section 9, Appeals, which immediately followed this section, was deleted at time of adoption of Code; see Ordinance No. 1996-0-6 adopted 8-22-96]

§ 117-8. Transfer. [Amended by Ordinance 2002-O-16, adopted on 10/1/02]

No license or tag issued under the provisions of this chapter shall be used or worn at any time by any person other than the one to whom it was issued.
 

§ 117-9. Revocation of License. [Amended by Ordinance 2002-O-16, adopted on 10/1/02]

Licenses issued under the provisions of this chapter may be revoked by the Town Council, after notice and hearing, for any of the following causes:
(A)    Fraud, misrepresentation, or false statement contained in the application for licenses; (B)    Fraud, misrepresentation or false statement made in the course of carrying on his
business as peddler;

(C)    Any violation of this chapter

(D)    Conducting the business peddling in an unlawful manner or in manner as to constitute a breach peace or to constitute a menace health, safety, or general welfare of the public.

§ 117-10. Use of Streets and Parks. [Amended by Ordinance 2002-O-16, adopted on 10/1/02]

A.  Every person who shall hawk, peddle, huckster or vend goods to retail trade on the streets of the Town, either from a wagon, vehicle, or conveyance of any description, shall keep moving from place to place and not remain in any one place longer than 20 minutes, or return thereto within a period of five hours, Any hawker, peddler, huckster, or vendor shall not be deemed to have complied with this provision unless he or they shall have moved distance of at least 100 feet from the point or place at which he or they last stopped; provided further, that any hawker, peddler, huckster or vendor shall not stop, pause, or take up location for the purpose of selling to
retail trade at any point upon the streets of the town which is less than 100 feet from the entrance of any store or place of business which sells to retail trade like goods, wares, merchandise, foodstuffs, and produce which the hawker, peddler, huckster, or vendor is offering for sale.

B.  No person who shall hawk, peddle, huckster or vend goods to retail trade shall do so in any
Town park or on that portion of any street on which such park fronts.

§ Sec. 117-11. Consent of Resident [Amended 10/1/02 by Ordinance 2002-O-16]

As a condition precedent to any peddler going in or upon any private residence for the purpose of selling or disposing of any goods, wares, or merchandise, the consent of the owner or occupant of the private residence shall first be obtained by that person.

§ Sec. 117-12. Restrictions on Articles to be Sold [Amended 10/1/02 by Ordinance 2002-O-16]

It shall be unlawful for any person or persons to hawk, peddle, or offer for sale on any street, lane, or alley in the town, medicines, patented remedies, nostrums, soaps, perfumes, extracts, toy balloons, toilet, or other like articles.
 
§ Sec. 117-13. Transient Business - License Required; Fee [Amended 11/24/04 by Ordinance
2004-O-30]

A.  Every person, firm, or corporation, whether principal or agent, not already engaged in a permanent business within the corporate limits of the Town, but who is about to enter into or begin a transient business in the Town for the sale of any goods, wares and merchandise, whatsoever, shall first apply to the Town Clerk for a license therefore, and shall pay for such license the sum of $500 for each 30 days or fraction thereof the person, firm, or corporation may be engaged in conducting such transient business as aforesaid within the corporate limits of the town; provided, that should two or more persons, firms or corporations offer goods, wares or merchandise for sale at the same location and at the same time, including, but not limited to, antique shows, art shows, etc., then said persons, firms or corporations, or the sponsor or coordinator of the show or exhibit shall apply to the Town Clerk for a license therefore and shall pay for such license the sum of $500 for each period of 30 days or fraction thereof without
regard to the actual number of persons, firms or corporations participating in said exhibit or show and that said coordinator and/or sponsor shall be liable for the payments of said fee; and further provided that the fee for a garage sale and yard sale which has not been conducted at the site more than three times during the previous twelve months shall be $5.00 per day.

B.  For vendors whose products are primarily limited to ice cream, popsicles, Italian ice, gelatin, frozen custard, frozen yogurt or similar frozen products who sell to the public, at retail, for immediate consumption , from refrigerated trucks who have been issued a trader’s license by the State, the license fee, in Paragraph A immediately above, is reduced to $25.00 per calendar year.

§ Sec. 117-14. Transient Business - Conflict with publicly beneficial organizations [Amended
10/1/02 by Ordinance 2002-O-16]

No temporary vendor's license shall be issued where the effective date thereof will conflict, or place the vendor in competition with, a previously scheduled fund-raiser by an civic, charitable, benevolent or fire and rescue organization unless the vendor shall have been invited, in writing, by such organization.



§ 117-15. Inspections.

The equipment used or employed by peddlers, hawkers and vendors of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to the inspection by and comply with the rules and regulations of the Caroline County Health Department and the ordinances of the Town of Greensboro.

§ 117-16. Exceptions.

A.  This chapter shall not be construed to include the selling of any article at wholesale to dealers in such articles or the delivery of milk, eggs, bread, newspapers or other such necessary and perishable article of food or merchandise of a type commonly delivered on a house-to-house basis at intervals of less than one (1) week.
 

B.  Any veteran who holds a special license issued under the laws of the State of Maryland shall be exempt from securing a license or paying a fee as provided herein but shall be required to comply with A other applicable sections of this chapter and shall be required to register with the Town Clerk and obtain a permit, which will be issued by the Clerk upon proper identification and exhibition of such state license.

C.  Certain organizations.

(1) Any nonprofit religious, charitable, educational, civic or veterans organization, society, association, service club, volunteer first aid or fire company, etc., desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations, at any place or places within the Town of Greensboro, for a charitable, religious, patriotic or philanthropic purpose, shall be exempt from the provisions of §§ 117-3 and 117-5 of this chapter, provided that there is filed a sworn application, in writing, with the Clerk or Police Chief which shall give the following information:

(a) The name and purpose of the cause for which the permit is sought, (b) The name and address of the organization.
(c) The period during which solicitation is to occur.

(d) The name and address of each agent or representative who will conduct solicitation and the length of time that said agent or representative has been employed or affiliated with such organization, society, association or corporation.

(2) Upon being satisfied that such person, organization, society, association, etc., is a bona fide nonprofit religious, charitable, educational, patriotic or philanthropic organization, and that the agents or representatives who shall conduct the solicitation are of good moral character and reputation, the Town Clerk or Police Chief shall issue a permit, without charge to such organization, association or corporation, to solicit in the town. Such organization, association, society, corporation, etc., shall furnish to all its members agents or representatives conducting solicitation credentials, in writing, stating the name of the agent and the duration and purpose of solicitation.

D.  Any school, political or civic organization, benevolent society, service club or organization not operated for profit, which is located in or has substantial membership from the Town of Greensboro, is hereby exempt from the provisions of this chapter.
 
§ 117-17. Violations and penalties. [Amended 9/28/1995 by Ordinance No. 1995-0-12]
Violations of any of the provisions of this chapter shall constitute a municipal infraction.
 
Chapter 121
PROPERTY MAINTENANCE

§ 121-1. Standards adopted by reference. [Amended 7/1/04 by Ordinance No. 2004-O-22]
§ 121-2. Amendments to standards. [Amended 7/1/04 by Ordinance No. 2004-O-22]
§ 121-3. Industrial Property Maintenance.
§ 121-4. Permits and Reports to be Filed [Amended 11/21/1997 by Ordinance No. 1997-O-10]
§ 121-5. Permits and Reports to be Filed [Amended 11/21/1997 by Ordinance No. 1997-O-10]
§ 121-6. Appeals [Repealed 9/21/1997 by Ordinance No. 1997-O-7]

[HISTORY: Adopted by the Town Council of the Town of Greensboro 11/12/1992 as
Ordinance No. 1992-0-8. Amendments noted where applicable.]

 

Littering - See Ch. 99.
Occupancy permits - See Ch. 111. Solid waste - See Ch. 127.
 
GENERAL REFERENCES
 



§ 121-1. Standards adopted by reference. [Amended 7/1/04 by Ordinance No. 2004-O-22]

A certain document, a copy which is on file in the office of the Clerk of the Town of Greensboro, being marked and designated as the International Property Maintenance Code, 2003, as published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of the Town of Greensboro, in the State of Maryland; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with additions, insertions, deletions and changes prescribed in Section 121-
2 of this chapter.

§ 121-2. Amendments to standards. [Amended 7/1/04 by Ordinance No. 2004-O-22] Section 101.1. Insert: “Town of Greensboro”
Section 103.1. Delete the language of the model code and substitute the following:

“General. The executive official in charge of property maintenance inspection shall be known as the code official.”

Section 103.2. Delete the language of the model code section in its entirety and substitute the following:

“Appointment. The code official shall be appointed by the Mayor.”

Section 103.5. Delete the language of the model code section in its entirety and substitute the following:
 

“Fees. The fees for activities and services performed by the code official or his agents in carrying out the responsibilities under this code shall be established by resolution of the Mayor and Council.”

Section 104.4. Delete the language in the model code section in its entirety and substitute the following: [Added 2/17/05 by Ordinance No. 2005-O-1]

Section 104.4 Right of Entry; Administrative search warrants. The Code Official may apply to a judge of the District Court or Circuit Court for an administrative search warrant to enter any premises to conduct any inspection required or authorized by law to determine compliance with the provisions of this code.

(1) The application for an administrative search warrant shall he in writing and sworn to by the applicant and shall particularly describe the place, structure, premises, etc., to be inspected and the nature, scope and purpose of the inspection to be performed by the applicant.

(2) Before filing an application for an administrative search warrant with a court, the Code Official shall obtain approval by the Town attorney as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.
(3) A judge of a court referred to in this section may issue the warrant on finding that: (a) The applicant has sought access to the property for the purpose of making an
inspection; and

i.    after requesting, at a reasonable time, the owner, tenant or other individual in charge of the property to allow access, has been denied access to the property; or

ii.  after making a reasonable effort the applicant has been unable to locate any of these individuals.

(b) The requirements of subsections 1 and 2 of this section are met.

(c) The code official is authorized by law to make an inspection of the property for which the warrant is sought, and

(d) Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of an existing violation of any provision of this code or any rule or regulation adopted under this code or by showing:

i.    that a reasonable administrative inspection program exists regarding the condition of the property, and
 

ii.  that the proposed inspection comes within that program.

(4) An administrative search warrant issued under this section shall specify the place, structure. premise, vehicle or records to be inspected. The inspection conducted may not exceed the limits specified in the warrant.

(5) An administrative search warrant issued under this section authorizes the applicant and other officials or employees of the city to enter specified property to perform the inspection, sampling and other functions authorized by law to determine compliance with the provisions of this code.

(6) An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:

(a) The time specified in the warrant, nor to exceed thirty days; or,

(b) If no time period is specified in the warrant, fifteen days from the date of its issuance.

Section 106.3. Prosecution of violations. Delete the word “misdemeanor” and substitute the words “municipal infraction”.

Section 106.4. Violation Penalties. Delete the language of the model code in its entirety and substitute the following:

“Penalties: Violation of any of the provisions of this Chapter shall constitute a municipal infraction. Each day that a violation continues after due notice has been served in accordance with the requirements of this Chapter, shall be deemed a separate offense.

Section 106.5. Renumber Model Code section 106.5 as 106.6 and insert a new Section
106.5 to read as follows:

Fines for violation of this Chapter shall be in accordance with a schedule of fines for such violations adopted, from time to time, by resolution of the Town Council, which schedule of fines may be different from the fines established for violations of other sections of the Town Code. Until rescinded by the Town Council, the
schedule of fines set out in Resolution 2005-R-1 shall apply to all violations of this
Chapter.”

Section 107.3. Delete the language of the model code in its entirety and substitute the following:

“Method of Service. Such notice shall be deemed to have been properly served if a copy thereof is:
 

1.  Delivered personally;

2.  Sent by certified or first class mail addressed to the last known address;
or

3.  If the notice is returned showing that the property owner refused to accept the notice, or that the notice was not delivered, a copy thereof shall be mailed to the property owner’s last known address, and shall be posted in a conspicuous place in or about the structure affected by such notice, if improved, or on the land, if unimproved, and if the residence or the place of business of the person to be notified is located within the Town, then by posting such notice at such residence or at such place of business.”

Section 108.1.3. Delete the language of the model code section in its entirety and substitute the following:

Section 108.1.3. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official, or any of the persons listed in Section 108.1.5 finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public".

Section 108.1.6. Add an entirely new section 108.1.6, reading as follows:

"Expansion of listed officials. Where the condition giving rise to the emergency consists of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or material, the decision to condemn the property shall be made by the acting senior officer of the Greensboro Volunteer Fire Department, if available, otherwise by the Director of the Caroline County Emergency Management Office. In the case of untreated sewage, the decision to condemn shall be made by the acting senior officer of he Greensboro Public Works Department, if available, otherwise by the Director of the Caroline County Public Health Department or his designee."

Section 108.2. At the end of the final sentence of the section, delete the words: “and may be collected by any other legal resource” and substitute the following:

“collectible in the same manner provided for the collection of annual real estate taxes or by an action at law.”

Section 109.5. Delete the second sentence of the model code in its entirety. At the end of the first sentence of the section, add the words:
 

“collectible from the owner of the premises in the same manner provided for the collection of annual real estate taxes or by an action at law.”

Section 110.3. At the end of the section, add the words:

“collectible in the same manner as annual real estate taxes.”

Section 111. Means of Appeal. Delete the model code section in its entirety.

Section 302.4. Weeds. At the end of the first sentence of the section, delete the parenthetical statement and substitute the following, “6 inches (152.4 mm).”

Section 303.2. Enclosures. Delete the words “24 inches (610 mm)” in the first sentence of the model code and substitute the words “36 inches (915 mm)”.

Section 303 Swimming Pools, Spas and Hot Tubs
Add a new Section 303. Ladders.

Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then:

303.1 The ladder or steps shall be capable of being, and, when not in use by the owner, must in fact be, secured, locked or removed to prevent access, or

303.2 The ladder or steps shall be surrounded by a barrier which meets the requirements of the International Residential Code, 2003 Edition, specifically Appendix G, Section AG105.2, Items 1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch diameter (102 mm) sphere.

Section 304.14. Insect Screens. In place of the word “[DATE]”, where it first appears, substitute the word “March 1”. In place of the word “[DATE]”, where it last appears, substitute the word “November 30.”

Section 307. Rubbish and Garbage. Add a new subsection 307.4 to read as follows:

“Section 305.4. Refuse Collection.

A.  If refuse is to be collected outside the structure, it must be placed at the curb in time to be collected, and the containers removed from the collection point the same day. Any such public disposal areas must be screened or shielded areas maintained in accordance with health standards.
 

B.  Whenever in the course of regaining possession of real estate pursuant to a Writ of Possession, whether issued out of an eviction proceedings or out of a court-ordered sale of such real estate, refuse is placed by any person outside the structure in a non-approved container, or not in a container, the Town may, without notice to the owner, dispose of the same and recover the cost of such disposal from the owner. The amount of the Town's cost shall become a lien on the property and may be collected by the Town in the same manner as real estate taxes or by an action at law.

C.  Any personal property placed outside of any structure on the property in response to or during the execution of the writ of possession which remains outside such structure for forty-eight hours after being so placed shall be conclusively deemed to constitute refuse and to have been abandoned by the owner thereof.

D.  Recovery of costs by the Town shall be in addition to, and not in lieu of, any fine which may be imposed for the violation of this Section.

E.  It shall not be a defense to this section that the refuse was generated in the course executing a court order."

Section 505.1. In the first sentence, delete the words: "or to an approved private water system."

Section 506.1. At the end of the first sentence of the section, delete the words: "or to an approved private sewage disposal system."

Section 602.3. Heat supply. In place of the word "[DATE]", where it first appears, substitute the word "September 1". In place of the word "[DATE]", where it last appears, substitute the word "May 31."

Section 602.4. Occupiable  work space. In place of the word "[DATE]", where it first appears, substitute the word "September 1". In place of the word "[DATE]", where it last appears, substitute the word "May 31."

Section 704.2. Smoke Alarms, Section 704.3 Power Source and Section 704.4
Interconnection. Delete each of Section 704.2 Smoke Alarms; Section 704.3
Power Source; and Section 704.4 Interconnection, and substitute the following:

Section 704 2. Smoke Alarms, Power Source and Interconnection.

See Code of Maryland Regulations, §29.06.01 et seq.

§121-3. Industrial Property Maintenance [Amended 11/21/1997 by Ordinance No. 1997-O-
10]
 

Industrial uses shall be subject to the following supplemental standards:

A.  Every owner of property devoted to industrial use shall screen from public view unsightly site elements such as shipping and loading areas, equipment storage area, dumpsters, etc.

B.  The release, disposal, or storage of waste materials shall not be visible from off-site. All trash and refuse shall be stored in self-enclosed storage areas.

C.  Industrial uses shall include all permitted uses, special uses and accessory uses as defined in Sections 158-23 (Industrial Area I) and Section 158-24 (Industrial Zone II) of the Code of the Town of Greensboro.

D.  The provisions of this subsection shall be fully complied with on or before July, 2002. Any property owner who shall, after the effective date hereof, effect any change or alteration in the use of, or structure on, any land devoted to industrial use shall fully comply with this Section within six months of such change or alteration of use of or structure on, such industrial land.

§121-4.  Permits and Reports To Be Filed. [Amended 11/21/1997 by Ordinance No. 1997-O-
10]

A.  Any owner or occupant of property who shall obtain: (i) a permit to maintain a Controlled Hazardous Substance Facility in the Town from the Maryland Department of the Environment, or (ii) a Hauler Certificate from the Maryland Department of the Environment, shall file a copy of the certificate with the Clerk/Treasurer of the Town within three (3) days of the issuance of any such permit. The Clerk/Treasurer shall forward the same to the Greensboro Volunteer Fire Department.

B.  Any owner or occupant of property devoted to industrial use who is required to file a Controlled Hazardous Substance Notification Report pursuant to Section 7-226 of the Environmental Article, shall file a copy thereof with the Clerk/Treasurer simultaneously with filing the same with the Maryland Department of the Environment.

C.  Nothing herein shall authorize any person to conduct any activity prohibited by Chapter 158 of the Code of the Town of Greensboro.

§ 121-5. Appeals. [Repealed 9/21/97 by Ordinance No. 1997-O-7]
 
Chapter 127
SOLID WASTE

ARTICLE I Refuse Disposal Charges
§ 127-1. Fee imposed.
§ 127-2. Single-family properties.
§ 127-3. Multifamily properties.
§ 127-4. Manner of collection; unpaid fee to constitute lien.
§ 127-5. Appeals.
§ 127-6. Fees.

[HISTORY: Adopted by the Town Council of the Town of Greensboro: Art. 1, 10/24/1991 as
Ordinance No. 1991-0-9 (Ch. XII of the 1981 Code). Amendments noted where applicable.]

 

Littering - See Ch. 99.
Property maintenance - See Ch. 121.
 
GENERAL REFERENCES
 



ARTICLE I Refuse Disposal Charges
[Adopted 10/24/1991 as Ordinance No. 1991-0-9]

§ 127-1. Fee imposed.

Effective January 1, 1992, the Town of Greensboro shall impose, upon all properties from which refuse is collected by the town for disposal, an annual fee, in the amount set forth below, to offset the costs of collecting and disposing of refuse.

§ 127-2. Single-family properties.

An annual refuse disposal fee is imposed against each property in the town improved by a single- family dwelling. The annual fee is set out in § 127-6 below.

§ 127-3. Multifamily properties.

A.  An annual refuse disposal fee is imposed against each property in the Town of Greensboro improved for such housing projects. The annual fee shall be calculated according to the number of dwelling units located upon the property. The term "multifamily housing" includes,
but is not limited to residential condominiums, apartment complexes and duplexes. The annual fee per dwelling unit is set out in § 127-6 below. The owner of all multifamily housing complexes in which the number of residential units exceed four (4) shall provide dumpsters for the disposal of refuse by the occupants, the number of such dumpsters to be determined by the Town Engineer, subject to the right to appeal as set forth in § 127-5 hereinbelow.
 
B.  In any case in which the owner of a multifamily complex who is required to provide dumpsters fails to do so, the town may do so and may bill the cost of providing dumpsters as a part of the refuse disposal fee.

§ 127-4. Manner of collection; unpaid fee to constitute lien.

The refuse disposal fee shall be billed to the owner of each parcel of real property within the town as to which the fee is applicable on a quarterly basis. The refuse disposal fee shall be due and payable thirty (30) days after the date of mailing of the statement to the owner of the property. An unpaid, overdue refuse disposal fee shall bear interest at the rate of one and one- half percent (1
1/2%) per month until paid. An unpaid refuse disposal fee shall constitute a personal obligation of a property owner and shall be a lien against all real and personal property of the owner located within the town.

§ 127-5. Appeals.

Any property owner who believes that the Town Engineer has erred in the interpretation or application of the provisions of this Article in determining whether a refuse disposal fee should be charged against the property or the amount of such fee may request a review of such determination by the Town Engineer. The Town Engineer shall review the matter, adjust the fee if he believes an adjustment is appropriate, and issue a written response to the property owner. If the property
owner is not satisfied by the Town Engineer's determination, he may appeal the determination to the Greensboro Town Council. Any such appeal must be filed with the Town Office not less than thirty (30) days after the date of the determination by the Town Engineer. Upon receipt of a notice of appeal, the Greensboro Town Council shall schedule a hearing upon the appeal and shall provide all interested parties with an opportunity to be heard. The Greensboro Town Council shall issue a written determination of the issue or issues raised by the appeal. The written determination may take the form of an excerpt of the Greensboro Town Council's minutes. Any party to the appeal before the Greensboro Town Council may appeal the decision of the Greensboro Town
Council to the Circuit Court for Caroline County in the manner provided by the Maryland Rules of
Civil Procedure for administrative appeals.

§ 127-6. Fees.

The fees for refuse disposal are as follows:

A.  Single-family properties: forty dollars ($40.) per year.

B.  Multifamily properties: forty dollars ($40.) per dwelling unit per year
 
Chapter 131
Stormwater Management

§ 131-1. Stormwater Management.

A certain document entitled: “MAYOR AND COUNCIL OF GREENSBORO STORMWATER MANAGEMENT ORDINANCE”, is hereby adopted as the Stormwater Management Ordinance of the Town of Greensboro.
 
Chapter 132
Streets and Sidewalks

Article I Obstructions of View
Article II Mailboxes

[History: Adopted by the Town Council of the Town of Greensboro  12/2/1999 as Ordinance
No. 1999-O-19]



ARTICLE I Obstructions of View



§132-1. Restrictions on planting trees, shrubbery or similar obstructions.

It shall be unlawful to plant any tree, post, pole, shrubbery, or similar obstruction, except installations by the town and/or public utilities, between the sidewalk and curb line of any street or highway in the town without first obtaining permission of the town and the execution of an agreement by the property owner assuming full responsibility for all expenses of repairs and removal of said trees, shrubbery, or other obstruction, the existence, trimming and maintenance of the trees or shrubbery may cause to gas mains, water sewage lines, sidewalk, curb, gutter, or any other damage, and the costs of trimming of the trees and shrubbery for the clearance of utility
lines.

§132-2. Removal of visual obstructions. Be repealed and the following enacted in lieu thereof.

If the Chief of Police determines that any tree, post, pole, shrubbery, or similar planting or vegetation on private property obstructs the view of persons traveling on the adjacent street, regardless of whether such tree, post, pole, shrubbery or similar planting or vegetation was lawfully planted, he shall report the same to the Clerk/Treasurer. Upon receipt of such notice, the Clerk/Treasurer shall notify the landowner in writing of the obstruction, and order the landowner to remove the obstruction at the landowner’s expense. Such notice shall specify the time period for removal. If the landowner does not remove the obstruction within the time period set forth in the notice, the Town may remove the obstruction and the cost of such removal shall constitute a lien on the real property which shall be collectible in the same manner provided for the collection of real estate taxes. Refusal by the landowner to remove the obstruction will constitute a municipal infraction.
ARTICLE II Mailboxes

§132-3.  Restriction on placement of mailboxes.

A.  Prohibition against impeding pedestrian traffic:
 
1. It shall be unlawful for any mailbox to extend over into the sidewalk in such a manner as to impede the flow of pedestrian traffic.

2. If any mailbox extends into the sidewalk in a manner, which impedes the flow of pedestrian traffic, the Clerk/Treasurer will notify the landowner in writing of the impediment, and shall order the landowner to correct the impediment at the landowner’s expense. Such notice shall specify the time period for correction. If the landowner does not correct the impediment within the time period set forth in the notice, the Town may correct the impediment and assess the costs of removal to the landowner in the same manner provided for the collection of real estate taxes. Any landowner who refuses to correct the impediment will be guilty of a municipal infraction. In addition, the United State Postal System will be notified of the violation of this Section and well be requested to discontinue delivery of mail to the mailbox.

B.  Prohibition against damage to sidewalk:

No post or other device used for the construction of a mailbox shall be erected in any manner or by any means which will cause damage to the curb or sidewalk. The Town may repair any damage so done and assess the costs of repair to the landowner in the same manner provided for the collection of real estate taxes. Anyone causing such damage shall be guilty of a municipal infraction.

§132-4.  Plants between sidewalk and curb.

It shall be unlawful to plant any vegetation, flower, plant, ivy, or other greenery, except grass, between the sidewalk and curb line of any street or highway in the town, including the area at the base of any mailbox. Any vegetation, flower, plant, ivy, or other greenery (other than grass) found in such area will be removed by the Town employees or subcontractors charged with maintaining or mowing the area, without notice by the Town to the landowner or occupant.

§132-5. Assigning a right of entry upon public property for the purpose of construction and repair of sidewalks. [Added 3/1/01 by Ordinance 2001-O-1]

A.  In order to protect the public health, safety, comfort, convenience and welfare of the Town of Greensboro, it has become necessary to initiate construction and repair of the streets and sidewalks.
B.  The required work shall consist of the construction and repair of the streets and sidewalks, the drainage systems, the various utility systems, including the location or relocation of water, sewer, electric, telephone and cable transmission lines, street and sidewalk lights, landscaping, as well as maintaining existing entrances from public and private property to the street and sidewalks, and to do all things necessary to accomplish same.
C.  To carry out the aforesaid street and sidewalk construction and repairs as duly authorized by the Town Charter and Town Code, the Town employees, its agents and assigns, shall have the right of entry, for the purpose of accomplishing said work, at all reasonable hours, upon any premises in the Town which abuts a Town street or sidewalk.
 
§132-6.  [Added 2/1/04 by Ordinance 2003-O-11] Permit for installation of utility service line:

A.  Not less than seventy-two hours before engaging in the installation of any service line under any sidewalk, public street, alley or way of the Town of Greensboro, whether by excavation or otherwise, a public utility shall submit an application to the Clerk of the Town detailing the work which it plans to do, including, but not limited to, the location thereof, the method of doing so, and the period of time when such work will be performed.

B.  The application will be granted only if, upon review by the Town, the Town shall be satisfied that:

1.  Such plans provide that the work will be done so as to minimize, to the extent feasible, the interruption of the use by the public of such sidewalk, street, alley or way; and

2.  The planned work will avoid interference with or endangerment of existing service lines of the Town; and

3.  The plan satisfactorily requires the restoration of the sidewalk, street, alley or way to its condition prior to commencement of the work once the work has been completed.

4.  At the time of the submission of the application for such permit, the Clerk shall collect a fee for the review thereof in an amount to be established by resolution of the Mayor and Council.

C.  At the time of the submission of the application for such permit, the Clerk shall collect a fee for the review thereof in an amount to be established by resolution of the Mayor and Council.

D.  Any permit granted hereunder may be modified or revoked with just cause at any time at the discretion of the Town without rendering the Town liable in any way. The Town shall have the authority to inspect work in progress and the applicant shall correct any deficiencies identified during said inspections.

E.  Upon completion of the work, the utility to whom the permit shall have been granted shall provide the Town with "as-built" plans showing the location of the utility line, as well as any information required to be provided by the applicant to the Maryland Public Service Commission.

F.  Unless the Clerk is satisfied that the utility making application is financially able to meet its obligations under the permit, the Clerk shall require that the utility post a bond or letter of credit in a form satisfactory to the Town to secure the applicant's obligation of repair.

G.  The Town Clerk shall prepare a form to be used by an applicant in requesting a permit under this Section.
 
H.  Nothing herein shall contravene, nor require that the provider of utility service violate, any order or regulation of the Maryland Public Service Commission.
 
Chapter 135
SUBDIVISION OF LAND

ARTICLE I  General Provisions.
§ 135-10.    Title.
§ 135-11.    Purpose.
§ 135-12.    Applicability.

ARTICLE II Terminology.
§ 135-20.    Word usage.
§ 135-21.    Definitions.

ARTICLE III Plat Submission and Approval.
§ 135-30.    Submission Process.
§ 135-31.    Filing Fees.

ARTICLE IV Design Standards.
§ 135-40.    General Requirements.
§ 135-41.    Critical Area Requirements.
§ 135-42.    Suitability of Land.
§ 135-43.    Streets
§ 135-44.    Blocks.
§ 135-45.    Lots and Easements.
§ 135-46.    Public Sites and Open Spaces.

ARTICLE V Preliminary Plat.
§ 135-50.    General Requirements.
§ 135-51.    Information for Critical Area Subdivision.

ARTICLE VI Improvements.
§ 135-60.    General Provisions.
§ 135-61.    Minimum Requirements for Improvements.
§ 135-62    Improvement Plans.
§ 135-63.    Inspection and Acceptance.

ARTICLE VII Final Plat.
§ 135-70.    General Provisions.
§ 135-71.    Information to Be Shown.

ARTICLE X Modifications and Exceptions.
§ 135-80.    Modification for Unusual Conditions.
§ 135-81.    Approval of Modifications and Exceptions.

ARTICLE IX Amendments.
§ 135-90.    General Procedure.
§ 135-91.    Hearing and Notice.
 

ARTICLE X Violations and Penalties.
§ 135-100.    Violations and Penalties.

ARTICLE XI Appeals.
§ 135-110.    Appeals.

[History: Adopted by the Town Council of the Town of Greensboro  1/1/2000 as Ordinance
No. 1999-O-14]
GENERAL REFERENCES Building construction - See Ch.57.
Fire prevention - See Ch. 80. Floodplain management - See Ch. 84. Forest conservation - See Ch. 88. Occupancy permits - See Ch. 111. Property maintenance - See Ch. 121. Stormwater management - See Ch. 131.
Zoning - See Ch. 158.

ARTICLE I General Provisions

§ 135-10.  Title.

This Chapter shall be known, referred to and cited as the “Land Subdivision Ordinance of
Greensboro, Maryland.”

§ 135-11.  Purpose.

This Chapter has been established for the purpose of guiding and accomplishing the coordinated and harmonious development of the Town of Greensboro, Maryland, and its environs in order to promote in accordance with present and future needs, the health, safety, morals, order, convenience, prosperity, and general welfare of the citizens of the town. In the accomplishment of this purpose, the regulations as herein established provide for, among other things, efficiency and economy in the process of development, the proper arrangement of streets in relation to each other and to the existing and planned streets and other features of the Comprehensive Plan of the town; adequate open spaces for recreation, light and air; convenient distribution of population and
traffic; adequate provision for public utilities and other public facilities; and other requirements for land subdivision which will tend to create conditions favorable to the health, safety, convenience, and prosperity of the citizens of Greensboro, Maryland, and its environs.

§ 135-12.  Applicability.

This Chapter shall apply to the incorporated territory of Greensboro, Maryland. The regulations contained herein are adopted under the authority of Article 66B, of the Annotated Code of Maryland, as amended, and shall be in addition to any regulations pertaining to land subdivision
 
promulgated by the State Department of Health or other agency of the State of Maryland, and, in the case of any conflict, the more exacting regulation shall prevail.

A. Preparation and Recording of Plat

From and after the effective date of this Chapter, any owner, agent, or proprietor of any tract of land located within the territory to which these regulations shall apply who subdivides such land into lots, blocks, streets, alleys, public ways, or public grounds shall cause a plat of such subdivision to be made in accordance with the regulations set forth herein and the laws of the State of Maryland and shall cause a copy of said plat to be recorded in the office of the Clerk of the Circuit Court.

B. Approval of Plat Required

No plat of subdivision shall be recorded by the Clerk of the Circuit Court unless and until it shall have been submitted to and approved by the Planning Commission as provided herein. The Planning Commission shall not approve said plat unless and until the plat satisfactorily complies with the requirements of these regulations.

C. Transfer of Land; Building Permits

No parcel of land in a subdivision created after the effective date of this Chapter shall be transferred, sold or offered for sale, nor shall a building permit be issued for any structure thereon, until a plat of subdivision shall have been recorded with the Clerk of the Circuit Court in accordance with these regulations and the laws of the State of Maryland. Any person who violates this provision shall be subject to the penalties contained herein.

D. Standards and Specifications

In the preparation of a plat of subdivision, the subdivider shall comply with the general principles of design and minimum requirements for the layout of subdivisions as set forth in Article IV and with the rules and regulations concerning required improvements as set forth in Article VI and in the standards and specifications for improvements, and in every case the preparation of such plat shall be in accordance with the procedure of Article III.

E. Areas Forty Thousand Square Feet or Larger

A person making application after January 1, 1993, for an area forty thousand square feet or larger shall:

1.  Submit a forest stand delineation and forest conservation plan for the lot or parcel to be developed; and

2.  Use methods provided in Chapter 88, Forest Conservation, to protect retained forest and trees during construction.
 
F.  Site Plan Approval

A site plan shall be prepared in accordance with Chapter 158, Zoning, Article XIV, Site Plan
Review. This shall accompany the subdivision plat for review and evaluation.

G. Applicability of Zoning Requirements

All requirements of Chapter 158, Zoning, of the Code of the Town of Greensboro shall apply.

H. Applicability of Forest Conservation Requirements

All the requirements of Chapter 88, Forest Conservation, shall apply and be part of the total planning.

ARTICLE II Terminology

§ 135-20.  Word usage.

The following general rules of construction shall apply to the regulations of this Chapter:

A.  The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.

B.  Words used in the present tense include the past and future tenses, and the future the present. C.  The word "shall" is always mandatory. The word "may" is permissive.
D.  The word "public" means "open to common use,” whether or not private ownership is involved.

E.  Words and terms not defined herein shall he interpreted in accord with their normal dictionary meaning and customary usage.

F.  Terms referred to in regulatory provisions specific to the Critical Area Overlay District shall be the same as those specified in Definitions, Chapter 158, Zoning.

§ 135-21. Definitions.
For the purpose of this Chapter, certain terms and words are hereby defined as follows: ALLEY - A narrow public thoroughfare not exceeding sixteen feet in width which provides a
secondary means of vehicular access to abutting properties and which is not intended for general
circulation.
 
BUILDING LINE - A line within a lot, so designated on a plat of subdivision, between which line and the street line of any abutting street no building or structure may be erected.

COLLECTOR STREET - A street which is intended to collect traffic from the minor streets
within a neighborhood or a portion thereof and to distribute such traffic to major thoroughfares, in addition to providing access to properties abutting thereon.

CROSSWALKWAY - A public way intended for pedestrian use and excluding motor vehicles which cuts across a block in order to furnish improved access to adjacent streets or properties.

CUL-DE-SAC - A minor street having but one end open for vehicular traffic and with the other end permanently terminated by a turnaround or backaround for vehicles.

EASEMENT - A strip of land for which the owner grants a right-of-use to someone else for one or more designated purposes, which purposes are consistent with the general property rights of the owner.

ENGINEER - The Town Engineer of Greensboro or other qualified civil engineer designated by the Mayor and Council

HEALTH OFFICER - The Health Officer of Caroline County.

LOT - A parcel of land which may include one or more platted lots, occupied or intended for occupancy by a use permitted in Chapter 158, including one main building, together with its accessory buildings and the yard areas and parking spaces required by Chapter 158, and having its principal frontage upon an improved public street or upon an officially approved place (see definition of “place”).

LOT AREA - The total horizontal area within the lot lines of a lot.

LOT, CORNER - A lot abutting upon two or more streets at their intersection.

LOT, COVERAGE - The area of a lot covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.

LOT, DEPTH - The average horizontal distance between the front and rear lot lines. LOT, INTERIOR - A lot other than a corner lot.
LOT LINE - The boundary line of a lot.

LOT LINE, FRONT - On an interior lot, the lot line coincident with the street line; or, on a corner lot, the shorter lot line coincident with the street line; or, on a through lot, each lot line coincident with a street line.
 
LOT LINE, REAR - The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. Where the side lot lines of a lot meet in a point, the rear lot line shall be assumed to be a line not less than ten feet long, lying with the lot and parallel to the front lot line.

LOT LINE, SIDE - Any lot line not a front or rear lot line. On a corner lot, a side lot line may be a street line.

LOT OF RECORD - A lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT, THROUGH - A lot that has a pair of opposite lot lines along two substantially parallel streets, and which is not a corner lot. On a through lot, both street lot lines shall be deemed front lot lines.

LOT WIDTH -The horizontal distance between the side lot lines, measured at the required front yard line.
MAJOR THOROUGHFARE - A street or highway so designated on the Transportation Plan. MINOR STREET - A street other than a major thoroughfare or collector street and intended
primarily for providing access to abutting properties.

PLACE - An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

PLANNING COMMISSION - The Greensboro Planning Commission.

REGULATIONS - The whole body of regulations, text, charts, diagrams, notations, and references contained or referred to in this Chapter.

ROADWAY - That portion of a street or highway available for and intended for use by motor vehicle traffic.

SERVICE DRIVE - A minor street which is parallel to and adjacent to a major thoroughfare and which provides access to abutting properties and restricts access to the major thoroughfare.

STREET - A public or private thoroughfare which affords the principal means of access to abutting properties, and whether designated as a "freeway," '4expressway," "highway," "road," "avenue," "boulevard," "lane," "place," "circle," or however otherwise designated.

STREET LINE - A dividing line separating a lot, tract, or parcel of land and a contiguous street, and also referred to as a "right-of-way line"
 
SUBDIVIDER - Any person, individual, firm, partnership, association, corporation, estate, trust or any other group or combination. acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as defined herein, and including any agent of the "subdivider"

SUBDIVISION - The division of any tract or parcel of land into two or more plots, parcels, lots, or sites for the purpose, whether immediate or future, of transfer of ownership or of building development; provided, however, that the sale or exchange of parcels between adjoining lot owners where such sale or exchange does not create additional building sites shall be exempted from this definition. The term shall include resubdivision and where appropriate to the context shall relate to the process of subdividing or to the land subdivided.

ARTICLE III
Plat Submission and Approval

§ 135-30. Submission Process. A. Preliminary Conference
1.  Before undertaking the preparation of a subdivision plat the subdivider shall have prepared a sketch of the property in question, drawn to approximate scale, showing the boundaries, general topography, important physical features, and other significant information, as well as the proposed scheme for development of the property, including the proposed street and lot locations, areas to be reserved for public use, and proposed improvements.



2.  The subdivider shall then consult with the Planning Commission or its staff to ascertain the location of proposed major streets, highways, parks, playgrounds, school sites and other planned public improvements and to determine the zoning regulations and other requirements relating to, affecting, or applying to the proposed subdivision. The subdivider shall also consult with the Town Engineer and the Health Officer on the proposed street layout and the proposed facilities for sanitary sewage disposal, storm drainage, and water supply to serve the proposed subdivision. The purpose of these consultations is to assist the subdivider by furnishing information and advice in order to expedite matters for the subdivider, save unnecessary expense, and promote the best coordination between the
lands of the subdivider and those of the town.

B. Submission of Preliminary Plat

1.  The subdivider shall then prepare a Preliminary Plat of the proposed subdivision conforming to the requirements for the preparation of such plat as set forth in Article V. At least two weeks prior to a regularly scheduled meeting of the Planning Commission at which action on such plat is desired, the following items shall be filed with the Planning Commission: three black-line or blue-line prints of the Preliminary Plat; supporting statements on required improvements and proposed deed restrictions as set forth in Article V; and an application for the approval of the plat on a form to be supplied by the Planning Commission.
 

2.  The Preliminary Plat shall be checked by the Planning Commission for its conformity with the Comprehensive Plan of the Town, the applicable zoning and other regulations, and the design principles and standards and requirements for submission as set forth in this Chapter. Copies of the Preliminary Plat shall be referred to the Engineer, Health Officer, and other appropriate public officials concerned with public improvements or health requirements for review and approval.

C. Preliminary Plat Approval

1.  A Planning Commission hearing on the Preliminary Plat shall be held within 90 days of receipt of the Preliminary Plat. No hearing shall be held by the Planning Commission until notice thereof shall have been sent to the subdivider and to such other interested parties as may be determined by the Planning Commission. At the hearing, the Planning Commission shall submit its findings and recommendations, together with those of the other public officials to whom copies were referred. The Planning Commission shall either tentatively approve or disapprove the Preliminary Plat, or it may approve the plat subject to specific changes or modifications. One copy of the Preliminary Plat, with any comments, shall be returned to the subdivider, with other copies retained in the files of the Planning Commission.

2.  Tentative approval of a preliminary plat shall be valid for not more than six months.
Unless a Final Plat, substantially in accordance with the approved Preliminary Plat and including any required changes or modifications shall be filed with the Planning Commission six months from the date of approval of the Preliminary Plat, the Planning Commission's approval thereof shall be deemed canceled. However, a Final Plat may include only a portion of the area of the Preliminary Plat and Final Plats for remaining portions may be filed within one year without a new Preliminary Plat, but subject to any changes in the regulations contained herein made after such six-month period

D. Installation of Improvements

Following tentative approval of the Preliminary Plat, the subdivider shall prepare and submit plans for the installation of those improvements required under the provisions of this Chapter. Copies of such improvement plans shall be submitted to appropriate public officials for approval. Upon
being notified that such improvement plans have been approved, the subdivider shall proceed with the installation of such improvements prior to filing a Final Plat for the subdivision with the Planning Commission, except that in lieu of completing the required improvements prior to such filing, the subdivider may furnish the town with a cash deposit or performance bond executed in accordance with the provisions of Article VI of this Chapter.

E. Submission of Final Plat

1.  Following completion of the required improvements to the satisfaction of the appropriate public officials or following the posting of a performance bond or cash deposit in lieu of such completion, the subdivider shall prepare a Final Plat of the subdivision. Such Final
 
Plat may be for all the property included in the Preliminary Plat or it may be limited to any portion thereof which is intended to be developed as a unit. Additional Final Plats covering additional units of the property may be submitted later, provided that the Preliminary Plat
is valid. Every Final Plat shall be substantially in accordance with the tentatively approved Preliminary Plat, including any changes or additions required by the Planning Commission as a condition for its tentative approval, and it shall conform in every respect to the requirements for the preparation of such plat as set forth in Article VII.

2.  At least two weeks prior to a regularly scheduled meeting of the Planning Commission at which action on the Final Plat is desired, the subdivider shall file the following items with the Secretary of the Planning Commission: two copies of the plat on dimensionally stable plastic film; six black-line or blue-line prints of the plat; a properly executed statement of dedication of all streets in the subdivision of the appropriate jurisdiction, constituting an irrevocable offer to dedicate for a period of not less than five years from the date of its filing with the Planning Commission; and an application for approval of the plat on a form to be supplied by the Planning Commission

F.  Final Plat Approval and Recording

1.  Upon receipt by the Planning Commission of evidence of the satisfactory completion of required improvements or the posting of a cash deposit or performance bond therefor, the Planning Commission shall consider approval of the Final Plat at its next regular meeting. If the Final Plat is found to comply with the requirements of this Chapter and with the Preliminary Plat as approved, the Planning Commission shall approve said plat and shall endorse the fact of such approval on each of the several copies submitted by placing the signature of its Chairman thereon.

2.  The Planning Commission shall approve or disapprove the Final Plat within thirty days after the filing of such plat with the Planning Commission; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Planning Commission on demand; provided, however, that the subdivider may waive this requirement and consent to an extension of such period. The grounds for the disapproval of any Final Plat shall be stated upon the record of the Planning Commission.

3.  Upon approval of the Final Plat by the Planning Commission, the two signed copies of the plat on plastic film shall be filed by the subdivider with the Clerk of the Circuit Court. The signed black-line or blue-line prints shall be forwarded by the Planning Commission to the Supervisor of Assessments, the State Department of Health, the Health Officer, and the Town Engineer, with one print retained by the Planning Commission and one print
returned to the subdivider.

§ 135-31.  Filing Fees.

Fees shall be set by the Town Council.

ARTICLE IV
 
Design Standards

§ 135-40. General Requirements.

The subdivision layout shall conform in all essential respects and other aspects to the adopted Comprehensive Plan for the Town. The subdivision layout shall be in full compliance with the provisions of the zoning districts in which it is located. The subdivision layout shall be design in accordance with the principles and standards contained in this Article, with the objective of achieving the most advantageous development of the subdivision and adjoining areas.

§ 135-41.  Critical Area Requirements.

In addition to the other provisions of Chapter 158, Zoning, and this Chapter, the following will apply to all subdivision of land located within the Town of Greensboro Critical Area.

A.  One Hundred Foot Buffer

1.  Where a tract of land bordering tidal water, tidal wetlands, or tributary streams in the Critical Area is to be subdivided and a buffer exemption has not been granted by the Critical Area Commission, a buffer of at least one hundred feet shall be established in natural vegetation (except areas of the buffer which are planted in vegetation where necessary to protect, stabilize or enhance the shoreline). No development, including septic systems. impervious surfaces, parking areas, roads, or structures, are permitted in the buffer. However, approved development or expansion of a water-dependent facility, as outlined in Chapter 158, Zoning, is excepted from these buffer provisions.

B.  Buffer Setbacks

1.  If the lot ownership extends to the water, wetlands, or streambed then the buffer shall be included in the required setback distance for building on that lot,
except in the case of water-dependent facilities. Where the buffer is to be owned and maintained by a homeowners or similar appropriate organization, the required setbacks distance shall be measured from the property line separating that lot from the designated buffer. The buffer, when not included in the lots, may be included in calculating gross density.

C.  Buffer Expansion

1.  The buffer shall be expanded to include contiguous sensitive areas on the parcel whose development or disturbance may impact streams, wetlands or other aquatic environments This expansion will occur whenever new land development or other land disturbing activities, such as clearing natural vegetation for agriculture or mining, are proposed. The expanded buffer must
 
be shown on plans required for such development. Sensitive areas have the following features: hydric soils and soils with hydric properties as designated by the Soil Conservation Service; high erodible soils with a K value greater than thirty-five hundredths (0.35); and steep slopes. The buffer shall be expanded according to the following rules:

a.   In the case of contiguous slopes of 15% or greater, the Buffer shall be expanded four feet for every one percent of slope, or to the top of the slope, whichever is greater in extent.

b.  The buffer shall he expanded to the upland limit of adjacent hydric soils, soils with hydric properties and eroded soils, within the Critical Area, whichever is less. The buffer will be expanded to include those soils lying in the drainage area between the proposed land disturbance and the buffer.

D. Habitat Protection

A subdivision in the Greensboro Critical Area shall be subject to the habitat protection criteria and guidelines prescribed in Chapter 158, Zoning.

1.  The subdivision shall be designed to assure those features or resources identified as "Habitat Protection Areas" are offered protection as prescribed in Chapter 158, Zoning.

2.  Roads, bridges or utilities may not be located in any habitat protection area unless no feasible alternative exists. All roads, bridges, and utilities that must cross a habitat protection area shall be located, designed, constructed, and maintained so as to provide maximum erosion protection and minimize negative impacts to wildlife, aquatic life, and their habitats and maintain hydrologic processes and water quality.

E. Stormwater Management

The subdivider shall be required to identify stormwater management policies appropriate to site development which achieve the following standards:

1.  In areas designated "Intensely Developed Area" on the Town of Greensboro Official Critical Area Map, the subdivider shall demonstrate that the best management practices for stormwater assure a ten-percent reduction of predevelopment pollutant loadings.

2.  The subdivider shall delineate those site areas not covered by impervious surfaces to be maintained or established in vegetation. Where vegetation is not proposed the developer shall demonstrate why plantings for such portions of the site are impracticable. The types of planting and vegetation proposed shall be in accordance with guidelines established by Town Code.
 

F.  Presence of Tributary Streams

1.  All roads, bridges, lots, or other development which cross or affect tributary streams in the Critical Area shall:

a.   Minimize impacts to the Buffer and be designed in a manner to reduce increases in flood frequency and severity.

b.  Provide for the retention of natural stream bed substrate.

c.   Minimize adverse impacts to water quality and stormwater runoff. d.  Retain existing tree canopy.
G. Maintenance of Wildlife and Habitat

Lots and open space acres shall be located and designed to provide for maintenance of existing site wildlife and plant habitats and continuity with those on adjacent sites. Existing wildlife corridors shall be identified on proposed development plats. When wildlife corridors exist or are proposed they shall include any existing
Habitat Protection Areas and connect large forested areas on or adjacent to the site.

H. Impervious Surfaces

Impervious surfaces in subdivision located in the Limited Development Area (LDA) of the Town of Greensboro Critical. Area shall be limited to fifteen percent of the gross site area proposed for development, except that impervious surfaces on any lot not exceeding one acre in size in a subdivision approved after June 1, 1986, may be up to twenty-five percent of the lot

I.     Steep Slopes

Development on slopes of fifteen percent or greater shall be prohibited unless such development is demonstrated to be only effective way to maintain or improve slope stability.

J.  Clearing and Grading

No clearing or grading is permitted in the buffer nor on steep slopes and hydric or highly erodible soils for other than agricultural practices not involving the clearing of natural vegetation in the buffer or commercial forestry practices in the buffer between March 1 and June 15.

K.  Forests

Subdivisions located in Limited Development Areas (LDA's) and Resource Conservation Areas
(RCA's) are required to meet the following minimum standards for forest and developed
 
woodlands. Forest and developed woodlands as defined by the Town of Greensboro Zoning
Ordinance shall be created or protected in accordance with the following.'

1.  When no forest exists on the site, at least fifteen percent of the gross site area shall be planted to provide a forest or developed woodland. The location of the afforested area should be designed to reinforce protection to site habitats or provide connections between forested areas when they are present on adjacent sites.

2.  When forests or developed woodland exists on the site and proposed development requires the cutting or clearing of trees, areas proposed for clearing shall be identified on the proposed development plan. The developer shall submit plans for development and areas
to be cleared to the Maryland Department of Natural Resources for comments and recommendations and shall transmit comments to the Town of Greensboro Planning Office. A grading permit shall be obtained prior to any clearing or cutting associated with proposed development. In addition, cutting or clearing which is associated with development shall be subject to the following limits and replacement conditions:

a.   All forests cleared or developed shall be replaced on not less than an equal area basis, either on the site or on another site in the Critical Area approved by the Planning Commission.

b.  No more than twenty percent of the forested or developed woodland within the site proposed for development may be removed [except as provided for in c. below] and the remaining eighty percent shall be maintained as forest cover through the use of appropriate instruments (e.g., recorded restrictive covenants). Removal of forest or developed woodlands cover in the buffer is prohibited.

c.   Clearing of forest or developed woodland up to twenty percent shall be replaced on an area basis of one to one (1:1). A developer may propose clearing up to thirty percent of the forest or developed woodland on a site, but the trees removed must be replaced at the rate of one and one-half times the amount removed either on the site or on another site approved by the Planning Commission.

d.  If more than thirty percent of the forest on a site is cleared, the forest is required to be replanted at three times the total areal extent of the cleared forest.

e.   If the cutting of forests occurs before a grading permit is obtained, the forest is required to be replanted according to the requirement in c. above.

f.    All reforestation and/or afforestation shall be included in a planting plan.

§ 135-42.  Suitability of Land.

A.  Land subject to periodic flooding shall not be subdivided for residential occupancy nor for any other use which might involve danger to health, life or property or aggravate the flood hazard,
 
and such land within any proposed subdivision shall be reserved for uses which will not he endangered by periodic or occasional inundation.

B.  A plat for the subdivision of land with poor drainage or other adverse physical conditions will be considered for approval only if the subdivider shall agree to make whatever improvements are necessary, in the judgment of the Planning Commission, to render the land safe and otherwise acceptable for development.

§ 135-43. Streets. A. Layout
1.  The street layout shall be designed to create desirable building sites while respecting existing topography, minimizing street grades, avoiding excessive cuts and fills and preserving trees to the maximum extent possible.

2.  Streets shall be spaced to allow for blocks meeting the dimensional requirements contained herein and to minimize the number of intersections with existing or proposed major thoroughfares.

3.  Where the subdivision adjoins or embraces any part of a major thoroughfare, the layout of such subdivision shall provide for the platting and dedication of such part of the major thoroughfare in the location and at the width indicated on such plan, except that the subdivider shall not be required to dedicate that part of such major thoroughfare which is in excess of eighty feet in width.

4.  Wherever deemed desirable to the layout of the subdivision and adjoining areas, the Planning Commission may require the platting and dedication of one or more collector streets or parts thereof to serve the subdivision.

5.  Minor residential streets intended primarily for access to individual properties, shall be so arranged as to discourage their use by through traffic.

6.  Streets shall be laid out to intersect one another at as near to right angles as topography and the limiting factors of good design will permit, and no street shall intersect another street at an angle of less than sixty degrees.

7.  Proposed streets in the subdivision shall provide for the continuation of existing, planned or platted streets on adjacent tracts unless such continuation shall be prevented by topography or other physical condition or unless such extension is found by the Planning Commission to be unnecessary for the coordination of development between the subdivision and such adjacent tract.

8.  Where the Planning Commission deems it desirable or necessary to provide access to adjacent tracts not presently subdivided, proposed streets in the subdivision shall be
 
extended to the boundary lines with such adjacent tracts, and temporary turnarounds shall be provided at the ends of such streets by means of temporary easements or otherwise.

9.  Traffic reduction methods.

a.   Where the subdivision abuts or contains a primary highway, the Planning Commission may require that measures be taken to reduce the impact of heavy traffic on the residential lots abutting or fronting upon such highway and to afford separation of through and local traffic through one of the following means;

(1) By providing vehicular access to such lots by means of a service drive separated from the major thoroughfare by a planting strip and connecting therewith at infrequent intervals.

(2) By designing reverse frontage lots having access only from a parallel minor street or from cul-de-sac or loop streets and with vehicular access to such lots from the major thoroughfare prohibited by deed restrictions or other means.

b.  The choice of the most appropriate method of accomplishing the desired purpose in a specific instance shall be made by the Planning Commission, giving consideration to topography and other physical conditions, the character of existing and contemplated development in the subdivision and its surroundings and other pertinent factors.

10. Where land in the proposed subdivision adjoins a railroad line, the street layout shall make allowance for future grade-separated railroad crossings at appropriate locations by providing extra street right-of-way widths for such crossings and by restricting intersecting streets at locations where they would cause interference with the necessary approaches to such crossings.

11. Cul-de-sac streets, generally not exceeding six hundred feet in length, shall be permitted where they are necessitated by topographic conditions or where, in the judgment of the Planning Commission, they are appropriate to the type of development contemplated.



12. Alleys shall be provided in commercial and industrial areas unless adequate access to parking and loading areas is provided by other means. Alleys will not be permitted in residential areas, except for providing rear access to row dwellings, or where required by topographic or other unusual conditions. In the absence of alleys, easements will be required for utility lines or drainage facilities.

13. Half streets will be prohibited except where they are essential to the reasonable development of the proposed subdivision in conformity with the other requirements of these regulations and where the Planning Commission finds that it will be practicable to require dedication of the remaining half when the adjoining property is subdivided.
 
Wherever a half street adjoins the proposed subdivision, the remaining half of the street shall be platted within such subdivision.

14. Private streets shall not be permitted.

B. Street Design Standards

1.  Right-of-way widths.

a.   Right-of-way widths for primary and secondary highways shall be in any case not less than sixty feet for primary highways and fifty feet for secondary highways; provided, however, that widths above these minimums may be required by state officials to meet particular traffic conditions.

b.  Right-of-way widths for other street types shall be not less than forty feet for collector streets in commercial and industrial areas; thirty-five feet for minor streets in residential areas; forty feet for service drives; and sixteen feet for alleys.

2.  Roadway widths.

a.   Roadway widths for primary and secondary highways shall be not less than the minimum specified by state officials, but in any case not less than twenty-five feet with five-foot shoulders.
b.  Roadway widths for other street types shall be not less than the following: (1) Collector streets and minor streets in multiple-family residential,
commercial, and industrial areas: thirty-five feet with curbs and gutters.

(2) Minor streets in single-family residential areas and service drives: thirty- five feet with curbs and gutters.

(3) The Greensboro Planning Commission may reduce the above street and design standards of width in accordance with good planning techniques.

c.   Alleys: sixteen feet.

d.  In the Critical Area, consideration should be given to the reduction of paved surfaces and implementation of vegetated weight bearing shoulders and other impervious surface reduction methods.

3.  Cul-de-sac streets shall have a circular turnaround of not less than one hundred feet in diameter to the street line and with a roadway of not less than eighty feet in diameter, unless the Planning Commission approves a T- or Y-backaround.

4.  Street grades.
 

a.   Street grades shall not exceed five percent for primary and secondary highways and collector streets and eight percent for minor streets, service drives and alleys, except that the Planning Commission may permit a variation of not greater than two percent from these maximums where topographic conditions warrant. Street grades shall be not less than one-half of one percent at the gutter.

b.  All changes in street grades of more than one percent shall be connected by vertical curves with a minimum length of fifty feet or fifteen times the algebraic difference in the change in grade, whichever is greater.

5.  The radius of curvature on the center line shall be not less than four hundred feet for primary and secondary highways, three hundred feet for collector streets and one hundred feet for minor streets, service drives, and alleys. Between reversed curves, either of which has a radius of less than two hundred feet, there shall be a tangent section at least one hundred feet in length.

6.  Each property comer at street intersections shall be rounded off by an arc, the radius of which shall be not less than twenty feet, except that in a business area a chord may be substituted for such arc. Curbs at street intersections shall be rounded off concentrically with the property lines. The design of the intersection should provide clear sight distance for oncoming vehicles and there should be a suitable leveling of the street grade within and approaching the intersection.

§ 135-44.    Blocks. A. Residential Blocks
1.  Residential blocks shall normally not exceed one thousand three hundred feet in length nor be less than five hundred feet in length between street lines. In any residential block more than eight hundred feet in length, a cross walkway of not less than ten feet in width may be required where necessary to provide convenient access near schools, playgrounds,
shopping centers, and other community facilities.

2.  Residential blocks shall normally be of sufficient width to provide two tiers of lots of appropriate depth.

B. Business and Industrial Blocks

1.  Blocks for business or industrial use shall be of such length and width as may be necessary to serve their prospective use, including making adequate provision for off-street parking and for the loading and unloading of delivery vehicles.

C. Irregularly  Shaped Blocks
 
1.  Irregularly shaped blocks indented by cul-de-sac or looped streets and containing interior parks or playground will be acceptable when they are property designed, including making provision for adequate parking and for the maintenance of the public or joint-use recreation area.

§ 135-45. Lots and Easements.

A.  Arrangement, Design, and Orientation

1.  The lot arrangement, design, and orientation shall be such that all lots will provide satisfactory building sites, properly related to topography and the character of surrounding development.

2.  The dimensions and areas of all lots shall comply with the requirements of the zoning district in which they are located

3.  Excessive lot depth in relation to lot width shall be avoided. A ratio of depth to width of two to one shall be considered a desirable maximum.

4.  Comer lots shall have only one frontage.

5.  Every lot shall abut upon and have access to a public street.

6.  Double frontage and reverse frontage lots shall be avoided, except where their use is essential to overcoming special topographic problems or to separating residential development from heavy street traffic.

7.  Residential lots fronting or abutting on major thoroughfares shall desirably have extra lot depths and deeper building setbacks.

8.  Lots adjoining a railroad line shall have extra lot depth and shall provide for an appropriate means of buffering such lots from such railroad line.

9.  Insofar as possible, side lot lines shall be substantially at right angles or radial to the street line, except where a variation to this requirement will provide an improved street and lot layout.

10. The size and shape of lots intended for single-family residential use shall be sufficient to permit the ultimate provision of a garage on each lot, except that the Planning Commission may permit the grouping of garages into a compound serving several such lots.

B.  Easements

1.  Where alleys are not provided in appropriate locations, easements of not less than ten feet in width shall be provided where necessary to meet public utility requirements. Easements
 
of greater width may be required along lot lines or across lots where necessary for the extension of trunk sewers or other primary utility lines.

2.  Where a proposed subdivision is traversed by any stream, watercourse or drainageway the subdivider shall make adequate provision for the proper drainage of surface water, including the provision of easements along such streams, watercourses and drainageways. Stream crossings in the Critical Area shall follow all provisions outlined in the Zoning Ordinance.

3.  Utility easements in private rights-of-way or in joint use recreation areas may be permitted at the discretion of the Planning Commission, if the design considerations of the proposed subdivision warrant such easements.
4.  No building or structure shall be constructed on any easement without the written authorization of the Town Council.

§ 135-46.  Public Sites and Open Spaces. [Amended by Ordinance 2004-O-5, adopted
3/24/04]

A.  Applicability
The provisions of this section shall apply to an application for a subdivision plat approval. Connection to Public Open Space. The Planning Commission may require connection to
community open space network and/or trails system if the proposed development is adjacent to the boundary of an established community public open space.

B.  Preservation of Open Space

1.  Required open space shall be reserved for any subdivision of land within the zoning districts set forth in the following table based on the percentage of gross acres in the proposed development corresponding to the applicable zoning district.
 

Required Open Space for Residential Subdivisions
Zoning District    Percentage of Open Space    Maximum Percent in
Inaccessible Land1
R-1 Single Family Detached    12%    10% of the amount in
column 2
R-2 Two Family Detached    15%    10% of the amount in
column 2
R-3 Multiple Family    25%    10% of the amount in
column 2

1“Inaccessible Land” shall include any land where no zoning and/or building construction permits may be issued such as dedicated easements and rights-of-way, wetlands, bodies of water, floodways, stormwater management facilities (see §135-46 C.3.), etc. as determined by the Zoning Administrator.



2.  Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved, and maintained as determined by the Town Council by any of the following mechanisms or combinations thereof:

a.   Dedication of open space to the Town, an appropriate public agency, or a non-profit entity (such as a land conservancy) if such an agency or entity is willing to accept the dedication and is financially capable of maintaining such open space.

b.  Common ownership of the open space by a property owner's association which assumes full responsibility for its maintenance. The restrictive covenants shall provide that, in the event the homeowner's association fails to maintain the open space according to the standards of this Ordinance, the Town may, following reasonable notice:

1.  Demand that the maintenance deficiency be corrected; or

2.  Enter the open space to maintain same. The cost of such maintenance shall be charged, on a per-lot basis, to the homeowners and will be collectible by the Town in the same manner as real estate taxes.

C.  Open Space Characteristics

Land designated as open space shall be maintained as open space and may not be separately sold, subdivided, or developed except as provided below.

1.  Open Space Provisions and Maintenance Plan Required. Any areas reserved as open space shall be indicated on the preliminary and final subdivision plat. An Open Space Provision and Maintenance Plan along with an open space phasing schedule shall be submitted as a
 
part of the application for development approval. This plan shall designate and indicate the boundaries of all open space required by this Ordinance. The Plan shall:

a.   Designate areas to be reserved as open space. The specific design of open space areas shall be sensitive to the physical and design characteristics of the site.

b.  Designate the type of open space which will be provided (passive or active). Passive and Active open space are defined as:

1.  Active Open Space - Any park and recreational facility that is not dependent upon a specific environmental or natural resource and which is developed with recreation and support facilities that can be provided anywhere for the convenience of the user Activity-based recreation areas include, but are not limited to, playgrounds, golf courses, bicycle trails, baseball or softball fields, football or soccer fields,
basketball courts, swimming pools, clubhouses, equestrian facilities, and tennis courts.

2.  Passive Open Space - Areas in and located due to the presence of a particular natural or environmental setting and which may include conservation lands providing for both active and passive types of resource-based outdoor recreation activities that are less formalized or program-oriented than activity-based recreation. Resource-based outdoor recreation means and refers to activities requiring a natural condition that cannot easily be duplicated by man and includes,
but is not limited to boating, fishing, camping, nature trails and nature study. Farms may be considered as passive open space.

c.   Specify the manner in which the open space shall be perpetuated, maintained, and administered.

2.  The types of open space which may be provided to satisfy the requirements of this
Ordinance, together with the maintenance required for each type, are as follows:

a.   Passive open space. Maintenance is limited to removal of litter, dead tree and plant materials, and brush; weeding, and mowing.

b.  Agricultural uses. No specific maintenance is required.

c.   Active open space areas. These areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that no hazards, nuisances, or unhealthy conditions exist.

d.  Greenways. Greenways connecting residences, schools, and recreational areas are encouraged. Maintenance is limited to ensuring that no hazards, nuisances, or unhealthy conditions exist.

e.   The minimum dimension for usable open space shall be 15 feet of width.
 

3.  Use of stormwater detention basins. Retention areas or detention basins which may be required shall not qualify as an open space area unless 50% or more of the active and usable area is above the 10 year storm and is designed for multiple uses and the area(s) conforms to the requirements of a. and b. below.

a.   Retention or detention areas may meander through the subdivision as a greenbelt, rather than as a single basin. Retention areas shall be improved so as to be useable and accessible. Retention areas shall not be inundated so as to be unusable for their designated recreational purposes.

b.  Retention or detention areas shall be given a natural character and shall be constructed of natural materials. Terracing, berming, and contouring is required to naturalize and enhance the aesthetics of the basin. Basin slopes shall not exceed a 3:1 slope.

D.  Access to Open Space

1.  All areas to be preserved for open space shall be accessible to pedestrians by one of the following:

a.   Frontage on a public street right-of-way; or

b.  Recorded pedestrian easement (minimum 15' wide); or c.   Fee simple property.
2.  Upon review of the design by the Planning Commission, additional pedestrian access points may be required.

E.  Fees In Lieu Of Open Space

1.  In lieu of land dedication, the Planning Commission may permit the subdivider to contribute a cash payment to the Town. The amount of each such payment of such payments shall be established by resolution of the Town Council in an amount which is adequate to encourage actual dedication of land and discourage payment of a fee in lieu of such dedication.

2.  All such cash dedications shall be paid to the Town and deposited by the Town into a special Parks and Recreation Service fund prior to final plat approval. Money in the fund, including accrued interest, shall be expended solely for acquisition, development, or rehabilitation of park land or improvements related thereto.




ARTICLE V Preliminary Plat
 

§ 135-50.    General Requirements. A. Style and Content
The Preliminary Plat of the proposed subdivision shall comply with the following general requirements with regard to style and content:

1.  It shall he prepared by a registered land surveyor or engineer, preferably at a scale of one inch to one hundred feet, but in any case at a scale not smaller than one inch to two hundred feet.

2.  It shall provide all the pertinent information on existing site conditions, property ownership and the like which may be necessary for the Planning Commission to properly consider the proposed subdivision, and such information shall be accurate and reliable.

3.  It shall show the general plan for the ultimate development of the properly, including so much of the surrounding area as may be necessary for an adequate consideration of the land to be subdivided. Such plan shall be accurately drawn to scale, but surveyed dimensions are not required.

B. Information To Be Shown

The Preliminary Plat shall be drawn in a clear and legible manner and shall show the following information:

1.  The proposed subdivision name, which shall not duplicate nor closely approximate the name of another subdivision in the county.

2.  A description of the proposed subdivision's location.

3.  The names and addresses of the owner of record, the subdivider, and the surveyor preparing the plat.

4.  Scale, date, North point, and small-scale key map showing the location of the proposed subdivision.

5.  Boundaries of the land being subdivided in heavy outline, with the approximate dimensions of the property and the approximate acreage contained therein.

6.  The names and locations of adjacent subdivisions and the location of adjoining parcels of unplatted land, with the names of owners of record.

7.  Topographic contours at five-foot intervals and referenced to U.S. Geological Survey data, except that where the average slope is less than three percent a contour interval of two feet shall be used.
 

8.  The location of existing property lines, streets and alleys, easements, buildings, utilities, wooded areas, watercourses ,and any other significant natural or man-made physical features affecting the proposed subdivision.

9.  The present zoning classifications of the proposed subdivision and adjoining properties and proposed uses of property within the area being platted.

10. The layout, widths, and names of all streets, alleys, crosswalks and easements proposed to be dedicated for public use, with the tentative center-line grade of each street and alley. Street names shall not duplicate nor closely resemble existing street names in the County, except for extensions of existing streets.

11. The layout, numbering, approximate dimensions, and areas of all proposed lots or parcels.

12. Proposed building lines along all streets, with the minimum amount of setback required.

13. Designation of parcels of land to be conveyed or reserved for public use or for common use of property owners within the subdivision.

14. Tentative locations for all utilities and drainage facilities, with easements indicated where necessary.

C. Supporting Statements

Accompanying the Preliminary Plat shall be the following written and signed statement in support of the subdivider's application for tentative approval:

1.  Statements explaining how and when the subdivider proposes to provide and install required water supply, sewers, or other means of sewage disposal, street pavements, curbs and gutters, and drainage structures.

2.  Statements concerning any proposed deed restrictions to be imposed by the owner.

§ 135-51. Information for Critical Area Subdivision.

For proposed subdivisions located in the Critical Area, the following additional information will be shown on the Preliminary Plat as applicable:

A. Vicinity Map

An area or vicinity map showing such information as the names and numbers of adjoining roads, streams, banks, bodies of water, subdivisions, election districts, or other landmarks sufficient to clearly identify the location of the property.

B.  Survey Plat
 

A boundary survey plat of the entire site at a scale that provides legibility without undue size and which shows the following:

1.  Existing topography at two- or five-foot contour intervals.

2.  Existing and proposed regraded surface of the land

3.  The location of natural features such as streams, major ravines, drainage patterns and, within the area to be disturbed by construction, woodlands, and trees measuring greater than twelve inches in diameter.

4.  Floodplain boundaries (one-hundred-year).

5.  The location and areal extent of all soils exhibiting the following characteristics as determined by the soil survey:

a.   Wet soils,

b.  Hydric soils and soils with hydric properties, and

c.   Highly erodible soils [soils on slopes greater than fifteen percent or soils on slopes greater than five percent with K values greater than thirty-five hundredths (0.35).

C.  Detailed Drawing

A detailed drawing showing the following shall be provided:

1.  The location of proposed use and height of all buildings (delineate all existing buildings and structures).

2.  The location of all parking and loading areas;, with ingress and egress drives thereto.

3.  The location of outdoor storage (if any).

4.  The location of recreation facilities (if any).

5.  The location of all existing or proposed site improvements, including storm drains, culverts, retaining walls, fences, and stormwater management facilities, as well as any sediment and erosion control structures and shore erosion structures.

6.  A description, method, and location of water supply and sewerage disposal facilities.

7.  The location, size, and type of all signs.

8.  The location, size and type of vehicular entrances to the site.
 

9.  The location of the Critical Area Overlay District Boundary, the buffer and other buffer areas, open space areas, forested areas and landscaping (the plan shall show all areas to be maintained as landscaping and the type of plantings to be provided, and the means by which such landscaping will be permanently maintained shall be specified).

10. The location of all Habitat Protection Areas.

11. The location of all contiguous forested areas adjacent to the site.

12. The location of tidal wetlands on the site.

13. The location of existing water-dependent facilities on and adjacent to the site, including the number of existing slips and moorings on the site.

14. The location and extent of existing and/or proposed erosion abatement approaches.

15. A detailed drawing locating shore erosion abatement techniques to be included with the site plan.

D.  Computations

Computations of the following shall be provided:

1.  The total lot area.

2.  The building floor area for each type of proposed use.

3.  Building ground coverage (percentage)

4.  Road area.

5.  The number and area of off-street parking and loading spaces.

6.  Total area in the Critical Area Overlay.

7.  Total man-caused impervious surfaces areas and percentage of site.

8.  Separate computations of the total acres of existing forest cover in the buffer and in the
Critical Area.

9.  Total area of the site that will be temporarily disturbed during development and area that will be permanently disturbed. "Disturbed" is defined as any activity occurring on an area which may result in the loss of or damage to existing natural vegetation.

E.  Commercial or Industrial Uses
 

Drawings containing commercial or industrial uses must include:

1.  Specific uses proposed.

2.  The maximum number of employees for which buildings are designed.

3.  The type of energy to be used for any manufacturing processes.

4.  The type of waters or by-products to be produced by any manufacturing process.

5.  The proposed method of disposal of such wastes or by-products

6.  The location of outdoor lighting facilities.

7.  Other information as may be specified in the regulations for industrial or commercial uses in Chapter 158, Zoning.

F.  Additional Critical Area Information

In addition to the information above, the preliminary site plan shall be accompanied by the following when the subdivision or development is proposed in the Critical Area, as required:

1.  A planting plan for reforested and afforested areas and Forest Management Plan with the comments of the Maryland Department of Natural Resources.

2.  A habitat protection plan, including the comments of the Maryland Department of Natural
Resources.

3.  A preliminary stormwater management plan, including 10% calculations and BMP if located in the IDA.

4.  A preliminary sediment and erosion control plan.

5.  A shore erosion protection plan: complete specification for proposed shore erosion work

6.  An environmental assessment report which provides a coherent statement of how the proposed development addresses the goals and objectives of the Town of Greensboro Chesapeake Bay Critical Area Program. At a minimum the environmental assessment shall include:

a.   A statement of existing conditions, e.g., amount and types of forest cover, amount and type of wetlands, discussion of existing agriculture activities on the site, soil types, topography, etc.

b.  A discussion of the proposed development project, including number and type of
 
residential units, amount of impervious surfaces, proposed sewer treatment and water supply, acreage devoted to development, and proposed open space and Habitat Protection Areas.
c.   A discussion of the proposed development's impacts on water quality. d.  Documentation of all correspondence and findings.

ARTICLE VI Improvements

§ 135-60. General Provisions. A. Improvements
1.  The subdivider shall be required to provide and install or to enter into agreements to provide and install certain minimum improvements in the subdivision as a condition for approval of the Final Plat by the Planning Commission. All such required improvements shall be constructed in accordance with the minimum requirements of these regulations and the construction standards and specifications adopted by the Town Council or such other governmental agency as may have jurisdiction over a particular improvement. Nothing contained herein, however, shall be construed as prohibiting the subdivider from installing improvements meeting higher standards than the minimum requirements.

B.  Completion of Improvements

Prior to filing the Final Plat with the Planning Commission, the required improvements shall be completed, inspected, and approved by the proper authorities, except that in lieu of completing all improvements prior to submission of the Final Plat, the subdivider may furnish the town with a cash deposit, letter of credit, or a performance bond in an amount sufficient to cover 125% of the cost of the improvements required to be installed by the subdivider, thereby insuring the actual construction and installation of such improvements prior to, or in no case later than, the time that such improvements are needed to serve buildings placed on abutting lots. The cost of required improvements shall be estimated by the Town Engineer or other authority having jurisdiction. In the event of any dispute concerning the amount of the cash deposit, letter of credit, or bond required, the Town shall make the final decision based upon at least two additional cost estimates.

C. Approvals

1.  No subdivision plat shall be given final approval by the Town; or by any of its agents, servants, employees, officials, or Commissioners until either 1) all required improvements have been completed; or 2) the subdivider has furnished the Town with a cash deposit, letter of credit, or performance bond in an amount equal to 125% of the projected costs of the installation of such improvement, such security to be released only upon formal acceptance of such improvements by the Town.
 
D. Perpetual Maintenance of Improvements

To ensure maintenance for storm drain management, wetland, and forest conservation areas, the developer shall establish, at his expense, a means for the perpetual maintenance of all areas devoted to storm drain management, wetlands, and forest conservation which are not a part of an individual lot. The means of perpetual maintenance shall be approved by the Planning Commission.

E.  Sample Public Works Agreements

1.  When the Public Works Agreement requires that cash, bond, irrevocable letter of credit, or other surety be posted for the construction of improvements, the following sample may be used:

This Agreement, made this       day of      , 1999, by and between the Town of Greensboro, (hereinafter referred to as the "Town"), and          (hereinafter collectively referred to as "Owner"), witnesseth:

WHEREAS, Chapter 135 (Subdivision of Land) of the Town Code, adopted by the Town
on     , requires the Owner to enter into a written agreement with the Town to construct, maintain, provide and install certain public improvements as a condition to approval of the final Plat by the Planning Commission; and

WHEREAS, the Town Engineer has estimated the cost of said construction of the improvements hereinafter mentioned and described as the sum of       dollars ($     ).

NOW, THEREFORE, in consideration of the premises and of the covenants hereinafter set out, the parties agree as follows:

1.  The Owner shall, on or before     , construct or cause to be constructed, at owner's expense, one of the following improvements listed on Schedule A attached hereto posting of
[cash, bond, irrevocable letter of credit or other surety acceptable to the Town in such form as approved by the Town Attorney], and as is more particularly set forth in this Agreement, by the construction and grading
of        [private stormwater management facilities, water supply facilities, sanitary sewerage facilities, roads, pavement, storm drainage, and placement of monuments], as required by the Town Engineer, the
Commission, or current Town Ordinances and as is more specifically set forth hereafter; to wit:

a.    Construct all private stormwater management facilities, water supply facilities, sanitary sewerage facilities, road and drainage facilities shown on the respective plans, designs and specifications for the construction of each such facility and proposed improvement approved by the Commission for this proposed subdivision, which plans, designs, specification and plat(s) are hereby incorporated herein by reference.

b.   All roads shown on the subject subdivision plat shall be improved and constructed in accordance with the minimum construction standards adopted by the Mayor and Council.
 
c.    The Owner agrees to notify the Town Engineer at least seventy-two (72) hours prior to the commencement of any actual construction. The Owner shall provide grade maps and specifications at its own cost and expense as required by the Engineer.

d.   The Owner agrees to install monuments in the subdivision as required by the Town
Subdivision Ordinance.

e.    The Owner does hereby agree with the Town to hold the Town harmless for any damage or liability that might arise due to the discharge of surface waters upon lands adjacent to the property being developed by it and agrees to assume any and all liability for the discharge of waters upon lands abutting the property being developed by it as shown on said map hereinbefore referred to, and further agrees to alleviate any and all conditions that may arise by reason of the discharge of water, soil, or dirt, upon said abutting properties.

2.  The Owner shall furnish the Town       [cash, bond, irrevocable letter of credit, or other surety acceptable to the Town] for the improvements referred to herein.  Should a default be made by the Owner, after the improvements have been fully made and completed by the Town or its Contractors, then any monies so deposited over and above the actual cost of said construction of the road and any required engineering and legal fees incurred by the County shall be refunded to the Owner.

3.  The Owner further agrees that should a water condition arise in the course of the development of the
land shown on said maps or during the building of streets showing a subsurface water condition, the Owner will install such drains as may be necessary in order to drain the entire area of the development or any
portion thereof in order to insure proper drainage of the area as may be required by the Town, the County
Health Department, or the Soil Conservation Service.

4.  The Owner further agrees that it shall obtain all easements, in form satisfactory to the Town Attorney, which may be required when any drainage facility or other improvement abuts or traverses land of persons other than the person holding legal title to the lands of the subdivision, at his own cost and to obtain from the owner(s) of the lands abutted or traversed, full release from all danger which may accrue due to the construction of said improvements.  Such releases shall inure to the benefit of the Town as well as the Owner.

5.  The Owner shall furnish the Town with       [cash, bond, irrevocable letter of credit, or other surety acceptable to the Town] in the amount of
($     ) in favor of the Town as obligee thereunder, and conditioned upon the faithful performance of this contract and all of the terms thereof.

6.  If a cash bond is posted, it shall be placed in an interest-bearing bank account in the name of the Town, but all interest earned thereon shall be reported under the Owner's federal identification number or social security number.  All interest earned from the cash deposited shall be accumulated and shall become a part of the security.
7.  The improvements aforementioned and agreed to be performed by the Owner shall be completed on or before      /within      (     ) months commencing from the date the final plat is recorded in the Land Records of Caroline County, Maryland. The Owner shall maintain said improvements at his own expense until they are accepted by the Town.  Before the acceptance of the road by the Town, the Owner shall provide the Town a properly executed deed for the road, prepared by, and to be recorded at, the Owner's expense.
 
8.  Upon the completion of said improvements and the complete fulfillment of all of the terms and conditions of this contract, satisfactory performance of the conditions of this contract relative to said improvements shall be evidenced by a written report submitted to the Commission, Zoning Administrator, and Owner by the Town Engineer. The Commission will then submit its report in writing to the Town.

9.  Upon the full and complete performance of all of the terms and conditions of this contract by the Owner, the Town agrees to accept and approve said improvements as are more particularly described elsewhere in this Agreement, take over the roads as shown on the recorded plat and maintain the same as public works and public highways of the Town.  Nothing herein contained shall prevent the Town, upon the happening
of any failure to perform this contract by the Owner, from making or completing said improvements as are more particularly described elsewhere in this Agreement, and assessing the cost thereof against the owners. Nothing herein contained shall be construed in any way to render the Town liable for any charges, costs, or debts for material, labor, or other expenses incurred in the making of these improvements.

10.  Until the time of completion of performance of the terms of this contract and the acceptance of the improvements thereof by the Town, the Owner shall be and remain liable for any and all damage occasioned by any neglect, wrongdoing, omission or commission, by any person, corporation, or partnership, arising from the making of said improvements or the use of the roads, for the purpose of such improvements and shall save, indemnify, and hold harmless the Town from any and all actions at law or in equity, and all charges, debts, liens, or encumbrances which may arise therefrom or thereby.

This agreement may only be amended by written instrument between the Owner and Town, with the
consent of the surety in writing.

2.  When the Public Works Agreement does not require that cash, bond, irrevocable letter of credit, or other surety be posted for the construction of improvements, the following sample may be used:

THIS AGREEMENT, made this        day of      , 1999, by and between the Town of Greensboro, (hereinafter referred to as the "Town"), and          (hereinafter collectively referred to as "Owner"), witnesseth:

WHEREAS, Chapter 135 (Subdivision of Land)of the Town Code, adopted by the Town on
     , requires the Owner to enter into a written agreement with the Town to construct,
maintain, provide and install certain public improvements as a condition to approval of the final Plat by the
Planning Commission; and

WHEREAS, the Owner had determined that it will install all required public works, and obtain the Town’s approval of such public works prior to requesting a building permit, thus making it unnecessary for the Owner to secure its performance by a bond.

NOW, THEREFORE, in consideration of the premises and of the covenants hereinafter set out, the parties agree as follows:

1.  The Owner shall, on or before      construct or cause to be constructed, at Owner's expense, (1) the improvements listed on Schedule A attached hereto, if such a schedule is in fact attached, (2) as required by the Town Engineer, the Planning Commission, or current Town Ordinances and (3) as is more specifically set forth hereafter; to wit:
 
a.    Construct all private stormwater management facilities, road and drainage facilities, curbs and gutters, streetlights, and sidewalks shown on the respective plans, designs and specifications for the construction of each such facility and proposed improvement approved by the Commission for this proposed subdivision, which plans, designs, specification and plat(s) are hereby incorporated herein by reference.

b.   The road shown on the subject subdivision plat shall be improved and constructed in accordance with the minimum construction standards adopted by the Mayor and Council.

c.    The Owner agrees to notify the Town Engineer at least seventy-two (72) hours prior to the commencement of any actual construction. The Owner shall provide grade maps and specifications at its own cost and expense as required by the Engineer.

d.   The Owner agrees to install monuments in the subdivision as required by the Town
Subdivision Ordinance.

e.    The Owner does hereby agree with the Town to hold the Town harmless for any damage or liability that might arise due to the discharge of surface waters upon lands adjacent to the property being developed by it and agrees to assume any and all liability for the discharge of waters upon lands abutting the property being developed by it as shown on said map hereinbefore referred to, and further agrees to alleviate any and all conditions that may arise by reason of the discharge of water, soil, or dirt, upon said abutting properties.

2.  The Owner further agrees that should a water condition arise in the course of the development of the
land shown on said maps or during the building of streets showing a subsurface water condition, the Owner will install such drains as may be necessary in order to drain the entire area of the development or any portion thereof in order to insure proper drainage of the area as may be required by the Town, the County Health Department or the Soil Conservation Service.

3.  The improvements aforementioned and agreed to be performed by the Owner shall be completed on or before      . The Owner shall maintain said public works improvements at its own expense until they are accepted by the Town.  Before the acceptance of the road by the Town, the Owner shall provide
the Town a properly executed deed for the road, prepared by, and to be recorded at, the Owner's expense.

4.  Until the public works improvements are completed and approved by the Town, no building permit shall issue for the construction of any buildings or other improvements requiring such a permit on any of the lots. In the event that any required public works improvements are damaged during the construction of
buildings, then, until the public works improvements have been fully repaired, no new building permits for the construction of buildings shall be issued, and no occupancy permits for buildings constructed under
existing permits shall be issued.

5.  Upon the completion of the public works improvements and the complete fulfillment of all of the terms and conditions of this contract, satisfactory performance of the conditions of this contract relative to said improvements shall be evidenced by a written report submitted to the Planning Commission, Zoning Administrator, and Owner by the Town Engineer. The Planning Commission will then submit its report in writing to the Town.

6.  Upon the full and complete performance of all of the terms and conditions of this contract by the Owner, the Town agrees to accept and approve said public works improvements as are more particularly described elsewhere in this Agreement, take over the roads as shown on the recorded plat and maintain the same as
 
public works and public highways of the Town.  Nothing herein contained shall prevent the Town, upon the happening of any failure to perform this contract by the Owner, from making or completing said improvements as are more particularly described elsewhere in this Agreement, and assessing the cost
thereof against the owners. Nothing herein contained shall be construed in any way to render the Town liable for any charges, costs, or debts for material, labor, or other expenses incurred in the making of these
improvements.

7.  Until the time of completion of performance of the terms of this contract and the acceptance of the improvements thereof by the Town, the Owner shall be and remain liable for any and all damage occasioned by any neglect, wrongdoing, omission or commission, by any person, corporation, or partnership, arising from the making of said improvements or the use of the roads, for the purpose of such improvements and shall save, indemnify, and hold harmless the Town from any and all actions at law or in equity, and all charges, debts, liens, or encumbrances which may arise therefrom or thereby.

8.  Notwithstanding the acceptance of the public works by the Town, before the issuance of an occupancy permit for the last lot to be built upon by Owner, the Owner shall furnish the Town with cash, bond, irrevocable letter of credit, or other surety acceptable to the Town in the amount of twenty percent (20%) of the costs of the public works improvements as determined by the Town engineer, in favor of the Town as obligee thereunder, and conditioned upon the faithful performance of the owner of its obligation to
guaranty the public works improvement for one year from the date of acceptance by the Town.

9.  If a cash bond is posted, it shall be placed in an interest-bearing bank account in the name of the Town, but all interest earned thereon shall be reported under the Owner's federal identification number or social security number.  All interest earned from the cash deposited shall be accumulated and shall become a part of the security. This agreement may only be amended by written instrument between the Owner and Town, with the consent of the surety in writing.

§ 135-61.  Minimum Requirements for Improvements.

The minimum requirements for the installation of improvements in subdivisions shall be as follows:

A. Roads and Streets

1.  All new roads and streets shall be constructed in accordance with the minimum requirements of these regulations and the minimum construction standards adopted by the Town Council. Existing roads and streets which do not meet these specifications with regard to width or type of construction shall be widened and brought into conformity on that portion of the road or street within or adjoining the subdivision. Street name signs of an approved design shall be erected at each new street or road intersection. The roadbed and roadway wearing surface shall be constructed in accordance with applicable Town standards.

2.  In all subdivisions where the average lot is less than one acre a system of curbs and gutters is required; this may be supplemented by swales, vegetation, and/or structural measures for stormwater management and reduction of pollutant runoff.

B. Surface Drainage Facilities
 

1.  The subdivision shall be provided with such storm drains, culverts, drainageways, or other works as are necessary to collect and dispose of surface and stormwater originating on or flowing across the subdivision, to prevent inundation and damage to streets, lots, and buildings.

C. Water Supply Facilities

1.  Every subdivision shall require a public water supply under the regulations of the State Department of Health. Where a public source of water supply will not be available, private on-site sources of water supply, approved by the Health Officer, shall be provided.

2.  No one or two-family residence shall be built after the effective date of this Chapter, where the distance between the closest property line of the lot on which the residence is to be constructed, and the nearest Town fire hydrant, exceeds 250 feet. Hydrants shall not be installed on water mains less than six inches in diameter.

D. Sanitary Sewerage Facilities

1.  Every subdivision shall require a public sewer system under the regulations of the State
Department of Health.

E. Plantings

1.  Street trees and other landscaping shall be required by the Planning Commission on all new streets and parking lots of over five cars. The proposed location and the species of plant material to be used shall be subject to approval of the Planning Commission.

2.  It will be the responsibility of the developer to landscape all public rights-of-way which are contained in the proposed development.

3.  All parking areas shall be landscaped with trees planted at a rate of not less than one tree per two thousand five hundred square feet of gross parking area.

4.  The trees shall be preferably of a hardwood variety, shall be planted in fertile or fertilized ground, and shall be watered and nurtured after planting until growth is ensured. The sub divider shall be responsible for the trees for two growing seasons after planting. Each tree shall have a minimum trunk diameter of at least one and one-half inches as measured at breast height. The trees shall be a least six feet high above ground level, and shall be planted at intervals of no less than 35 feet in accordance with a planting plan approved by the Planning Commission. The preservation of existing trees along the right-of-way may compensate for the required new plantings.

F.  Sidewalks
1.  For the safety of pedestrians and of children at play and to ensure the continuation of the
system of pedestrian circulation in Greensboro, installation by the subdivider of sidewalks
 
on both sides of all subdivision roads shall be required. Each sidewalk shall be four feet wide and separated from road paving by a planting strip.

2.  The minimum width of sidewalks shall be four feet along all streets. The prepared subgrade shall consist of a four-inch base course of stone or gravel. This material shall be compacted thoroughly. The thickness of the concrete placed over the prepared subgrade shall be at least four inches for standard sidewalks and eight inches for all sidewalks which cross private driveways or are part of a driveway apron.

3.  Where for a considerable distance, one side of a road abuts on farmland or other type of use that does not require a sidewalk and where the continuity of the overall sidewalk system is not interrupted, the Planning Commission may waive the requirements for a sidewalk on one side of the road. On cul-de-sac roads serving six lots or less and, if conditions are such as to eliminate or discourage no local traffic and street parking, the Planning Commission may waive the requirement of sidewalks on one or both sides.

G. Streetlighting

1.  The subdivider shall make application to the Planning Commission and Town Engineer for necessary streetlights. Purchase and installation of the required lighting shall be the responsibility of the subdivider.

H. Community Facilities

1.  All residential plans submitted to the Planning Commission, preliminary or final, will be referred to the Caroline County Department of Education for an advisory report and recommendation. The Department of Education will determine the projected school population anticipated from the subject development and compare the future school-age population to existing and proposed school capacities in determining whether that agency can endorse the development.

I.     Public Utilities

1.  The subdivider shall place or cause to be placed underground extensions of electric and telephone distribution lines necessary to furnish permanent residential electric and telephone service to new detached, semi-detached, group, or townhouse or single-family residences within a new residential subdivision or to new apartment buildings in accordance with the rules and regulations of the Public Service Commission of Maryland, effective July 1, 1968, and subject to the further order of that Commission.

J.  Off-street Parking

1.  Every subdivision plan which shall be submitted to the Planning Commission for approval shall provide off-street parking space and facilities in accordance with the requirements of Chapter 158, Zoning.
 
2.  Design.

a.   Parking spaces and all access and maneuvering space for off-street parking shall he surfaced and maintained with a dustless all-weather material, except for single-family and two-family dwellings.

b.  Every parking facility shall have a safe and efficient means of vehicular access to a recorded street.

c.   No driveway serving a parking facility shall be closer than five feet to a side property line.

d.  In the design of off-street facilities for multiple dwellings, the public right-of-way shall not be obstructed by the use of the same as aisle space or maneuvering space. Each off- street parking facility shall provide sufficient maneuvering space within the boundaries of the lot or lots on which it is located and shall be so designed that no unreasonable difficulty or inconvenience will be entailed in making necessary maneuvers for parking and removing a vehicle. Maneuvers shall not entail driving over any other required parking space. The layout of parking areas shall conform to the minimum dimensions for spaces and accessways.

e.   Each parking facility shall be so designed that ingress or egress to a parking space entails no backing maneuver across a sidewalk or established footway, nor a backing maneuver into or from the public right-of-way.

f.    Neither the turnaround diameter of a cul-de-sac or a rotary nor the turnslot or a T-type or L-type cul-de-sac shall be used for the parking of vehicles.

g.   Any fixture used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjacent residential sites, institutional sites, and public roads.

h.  Off-street parking facilities shall be screened by a wall, fence, or compact planting when adjoining the side or rear lot line. Screening shall be at least three and one-half feet high. Screening shall not be so placed or maintained as to constitute a traffic hazard by obstruction of visibility.

i.    Entrance from public streets shall conform to the following dimensions:
(1) One-way traffic entrances shall be not less than seventeen feet in width. (2) Two-way traffic entrances shall not be less than twenty-four feet nor
more than thirty-five feet in width; such entrances shall not be less than fifteen feet apart.
 
(3) Monumental entrances shall be provided with a six-foot-wide median, and the traffic lanes shall not be less than seventeen feet in width.

(4) All entrances shall be not less than seven and one-half feet from a side lot line.

K.  Street Signs

1.  The subdivider shall erect at every intersection a street sign or street signs having thereon the names of the intersecting streets. At intersections where streets cross, there shall be at least two such street signs, and at the intersections where one street ends or joins with another street there shall be at least one such street sign.

2.  Construction standards.

a.   Street nameplates shall be of metal construction, all corners shall be rounded, lettering shall be of standard proportions and spacing in accordance with one of the alphabets used by the United States Bureau of Public Roads. The plates shall he horizontal. The lower edge of the nameplate shall be seven feet above the ground level of the curb. The nameplate shall be attached by rustproof metal fasteners.

b.  The standard shall be rustproof metal and shall be of sufficient length to permit the same to embedded in the ground a distance of not less than three feet The standard shall be embedded in a concrete base for a depth of not less than three feet below the surface of the ground, and not less than twelve inches in diameter.

c.   The standard shall be heavy wall pipe not less than two and one-half inches in diameter. The pipe shall be capped.

L.  Refuse Collection
1.  In a residential subdivision, if refuse is to be collected at points exterior to a structure, such
points shall be shielded from view on three sides by screening and landscaping, and placed on a pad of concrete where necessary. In a residential subdivision, if refuse is to be collected at points within a structure, the subdivision plan shall so indicate.

2.  In a commercial or industrial subdivision, refuse storage and collection points shall be housed in containers and shielded from view by screening and/or landscaping.

M. Reference Monuments

1.  Permanent reference monuments, of stone or concrete and at least thirty inches in length and four inches square with a suitable center point shall be set flush with the finished grade at such locations as may be required by the Planning Commission and the laws of the State of Maryland.
 
2.  Monuments of metal pipe three-fourths inches in diameter and at least eighteen inches in length shall be set in place flush with the finished grade at all intersections of streets and alleys with subdivision boundary lines, at all points on streets, alleys, boundary lines where there is a change in direction or curvature and at all lot corners.

§ 135-62. Improvement Plans.

Plans, profiles, and specifications for the required improvements shall be prepared by the subdivider and submitted for approval by the appropriate public authorities prior to construction. Plans and profiles shall be drawn to a horizontal scale of one inch to one hundred feet or less and a vertical scale of one inch to twenty feet or less, unless the Planning Commission shall specify otherwise, and such plans and profiles shall be sufficiently detailed to show the proposed location size, type, grade, and general design features of each proposed improvement.

A. Plans, Profiles, and Specifications

The plans, profiles, and specifications to be submitted shall include the following:

1.  Plans and profiles of each street, showing proposed grades and street intersection elevations.

2.  Cross sections of proposed streets, showing the width of roadways, present and proposed grade lines and the location and size of utility mains, taken at intervals of not more than fifty feet along each street center line unless otherwise required by the Town Engineer. Such cross sections shall extend laterally to the point where the proposed grade intersects the existing grade, except that in no case shall less than the full width of the street right-of- way be shown.

3.  Plans and profiles of proposed sanitary sewers and storm drains with proposed grades and pipe sizes indicated.

4.  Plans of the proposed water distribution system, showing pipe sizes and the locations of all valves and fire hydrants.

5.  A site plan of proposed street trees and other landscaping improvements.

6.  Written specifications for all proposed improvements.

§ 135-63. Inspection and Acceptance. A. Inspection
1.  All construction work on improvements required herein shall be subject to inspection and approval by the Town Engineer, Health Officer, and other authorized public officials during and upon completion of such construction work. Upon the completion of each
 
improvement, the subdivider shall furnish the appropriate official with accurate and detailed engineering drawings of the improvement as it was actually constructed.

B. Final Plat Approval

1.  The Final Plat of the subdivision shall not be approved by the Planning Commission until all required improvements shall have been satisfactorily completed and approved as being in compliance herewith or satisfactory bond posted in lieu of such completion. No such bond shall be released until all improvements secured by such bond shall have been completed and approved as being in compliance herewith; provided, however, that a partial release may be approved for such improvements as may have been completed and
approved by appropriate officials

C. Acceptance of Improvements

1.  Approval of the Final Plat by the Planning Commission shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way or public grounds shown on said plat. The jurisdiction involved shall have no obligation to accept and to make public any street in a subdivision unless:

a.   All required improvements shown of the approved Final Plat have been constructed in conformity with the required standards and specification; or

b.  A petition signed by the owners of at least fifty percent of the front of the street in question, requesting that the street be taken over and made public, is filed with the governing body of the jurisdiction involved, and it is established by such governing body that there is a need for the street to he taken over and made public.

2.  The jurisdiction involved shall have no responsibility with respect to any street within a subdivision, notwithstanding the use of such street by the public, unless the street is accepted by ordinance or resolution of the governing body of such jurisdiction.

 



§ 135-70. General Provisions.

A.  General Requirements
 
ARTICLE VII Final Plat
 

The Final Plat of the subdivision shall comply with the following general requirements with regard to style and content:

1.  It shall be drawn on dimensionally stable plastic film and shall comply with the applicable provisions of the laws of the State of Maryland relative to making of plats.

2.  It shall be prepared by a registered land surveyor or engineer, preferably at a scale of one inch to one hundred feet, but in any case at a scale not less than one inch to two hundred
 
feet and it shall be drawn on sheets not less than eight inches by twelve inches and not more than twenty-four inches by thirty inches in size, including a margin of one-half inch outside ruled border lines.

3.  All dimensions and bearings of lines and all areas shall be based upon a field survey of sufficient accuracy and detail that the date is shown thereon may be reproduced on the ground. All distances and the length of all lines shall he given to the nearest hundredth of a foot. All bearings shall be given to the nearest minute. All areas shall be given to the nearest square foot.

§ 135-71.  Information to Be Shown.

A.  Specific Information

The Final Plat shall be legibly and accurately drawn and shall show the following information:

1.  The name under which the subdivision is to be recorded, and the subdivision's location.

2.  A legal description of the area being platted.

3.  Scale, date, North point, and small-scale key map showing the general location of the subdivision in relation to its surroundings.

4.  Distances and bearings for all the boundary lines of the subdivision.

5.  The locations and descriptions of all permanent survey monuments.

6.  The names and locations of adjacent subdivisions and the locations of adjoining parcels of unplatted land, with the names of the owners of recOrdinance

7.  The locations, dimensions, and names of all streets and alleys within and adjoining the subdivision, with the lengths and bearings of tangents, the lengths of arcs and radii, internal angles, points or curvature, and any other necessary engineering data.

8.  The locations, dimensions, and bearings of all lot lines and the area of every lot or parcel.

9.  Building lines along all streets, dimensioned to street lines.

10. Blocks lettered in alphabetical order, with the lots within each block numbered in numerical order.

11. The locations, dimensions and purposes of all crosswalkways, easements and other public ways.
 
12. The locations, dimensions, and purposes of any other property offered for dedication, or to be reserved for acquisition for public use, or to be reserved by deed covenant for the common use of property owners in the subdivision.

B.  Certificates and Supporting Statements

Accompanying the Final Plat and made a part thereof shall be the following certificates and statements:

1.  A notarized owner's certificate, acknowledging ownership of the property and agreeing to the subdivision thereof as shown on the plat and signed by the owner or owners and any lien holders.

2.  A notarized owner's statement of dedication, offering all streets, alleys, and other public ways and public grounds for dedication and constituting an irrevocable offer to dedicate for a period of not less than five years from the date of filing the Final Plat with the Planning Commission.

3.  Certificate of the surveyor that the Final Plat, as shown, is a correct representation of the survey as made, that all monuments indicated thereon exist and are correctly shown, and that the plat complies with all requirements of this Chapter and other applicable laws and regulations.

4.  A brief summary of deed restrictions applicable within the subdivision, including any trust agreements for the operation and maintenance by the property owners in the subdivision of and sewage disposal system, water supply system, park area, or other physical facility which is of common use or benefit but which is not to be held in public ownership.

5.  A certificate of approval by the Health Officer of the means of providing water supply and sewage disposal services for the subdivision.

6.  A certificate of approval by the Town Engineer that all specifications established by the developer are in accordance with town specifications and desires.

7.  A certificate of approval by the Planning Commission, ready for signature, and in a form acceptable to the Planning Commission.

C.  Information to Be Shown for Critical Area Subdivisions

1.  For subdivisions in the Critical Area the following shall be tabulated

a.   The total area of the subdivision or parcels to be recorded in the Critical Area District. b.  The total number of lots in the Critical Area District.
c.   Residential density in the Critical Area District.
 

2.  For subdivisions in the Critical Area, accurate outlines (metes and bounds, where required) of the buffer and any common or reserved areas or portions of lots to be maintained by covenant, easement, or similar approved instrument in permanent forest cover, including existing forested areas, reforested areas and afforested areas.

3.  For subdivisions in the Critical Area, accurate outlines (metes and bounds, where required)
of any areas to be maintained as permanent wildlife and plant habitat protection areas.
 
4.  In addition to the information above, the final site plans or subdivision plat for development in the Critical Area Overlay District shall be accompanied by the following as appropriate.

a.   A forest management plan, including the comments of the Bay Watershed Forester, required when a proposed development site contains or will contain forest or developed woodland areas.

b.  A habitat protection plan, including the comments of the Maryland Department of Natural Resources, required when a habitat protection area (not including the buffer) is on or adjacent to the site.

c.   A stormwater management plan.

d.  A sediment and erosion control plan.

e.   A planting plan and/or forest management plan, as applicable.



ARTICLE VIII Modifications and Exceptions

§ 135-80. Modification for Unusual Conditions.

Where, in the case of a particular subdivision, it can be shown that strict compliance with the requirements of this Chapter would result in extraordinary hardship to the subdivider because of unusual topography or other conditions which are not self-inflicted or that these conditions would result in inhibiting the achievement of the objectives of these regulations, the Planning Commission may vary, modify, or waive the requirements so that substantial justice may be done and the public interest served; provided, however, that such variance, modification, or waiver will not have the effect of nullifying the intent and purpose of this Chapter or being contrary to the goals and objectives of the Comprehensive Plan for the Town. In no case shall any variation, modification, or waiver be more than a minimum easing of the requirements, and in no instance shall it result in any conflict with the applicable zoning regulations

§ 135-81. Approval of Modifications and Exceptions.

Variances, modifications, and waivers from the requirements of this Chapter shall be granted only by the affirmative vote of three-fourths of the members of the Planning Commission. In granting variances, modifications, and waivers the Planning Commission may require such conditions as will, in its judgment, substantially secure the objectives of the requirements so varied, modified, or waived.
 
Amendments

§ 135-90. General Procedure.

These regulations may be amended, supplemented, and changed at any time and from time to time. Any such amendment may be initiated by resolution of the Town Council or by motion of the Planning Commission. Before taking action on any proposed amendment or change, the Town Council shall submit the same to the Planning Commission for its recommendations and report. Failure of the Planning Commission to report within sixty days after its first meeting subsequent to the proposal being referred shall be deemed approval by the Planning Commission.

§ 135-91.  Hearing and Notice.

The Planning Commission may hold a public hearing on any proposed amendment or change before submitting its report to the Town Council. Notice of such public hearing before the Planning Commission shall be given at least fifteen days prior to the hearing by publishing the time, place, and the nature of the hearing in a newspaper having general circulation in the Town. The published notice shall contain reference to the place or places within the town where the full text of the proposed amendment or change may be examined.

Before approving any proposed amendment or change, the Town Council shall hold a public hearing thereon, notice of said hearing to be accomplished by publication in a newspaper as prescribed above.



ARTICLE X Violations and Penalties

§ 135-100.  Violations and Penalties.

Whoever, being the owner or agent of the owner of any land located within the jurisdiction of these regulations, knowingly or with intent to defraud, transfers, or sells or agrees to sell or negotiates to sell any land by reference to or exhibition of or by other use of a plat of land subdivision, before such plat has been approved by the Planning Commission and recorded or filed in the office of the Clerk of the Circuit Court shall be guilty of a municipal infraction for each lot or parcel so transferred or sold or agreed or negotiated to be sold, and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided.

Every act or omission in violation of this Chapter shall he punishable as provided herein where such an act or omission is of a continuing nature, each and every day during which such an act or omission continues shall be deemed a separate misdemeanor.
 
Appeals

§ 135-110. Appeals.

Any person aggrieved or any officer, department, board, or bureau of the Town affected by any decision of the Planning Commission may within thirty days after the decision appealed from file a notice of appeal with the Circuit Court. Upon the hearing of such appeal, the decision of the Planning Commission shall be presumed by the Court to be proper and to best serve the public interest. The burden of proof shall be upon the appellant or appellants to show that the decision appealed from was against the public interest and that the Planning Commission's discretion in rendering its decision was not honestly and fairly exercised or that such decision was arbitrary or occurred by fraud or unsupported by any substantial evidence or was unreasonable or that such decision was beyond the powers of said Planning Commission and was illegal. The Court shall have the power to affirm, modify, or reverse in whole or in part any decision appealed from, and may remand any case for the entering of a proper order or for further proceedings, as the Court shall determine.
 
Chapter 141
TAXATION ARTICLE I Homestead Property Tax Credit
§ 141-1. Intent; credit percentage established.

[HISTORY: Adopted by the Town Council of the Town of Greensboro: Art. 1, 1/23/1992 as
Ordinance No. 1992-0-1. Amendments noted where applicable.]



ARTICLE I Homestead Property Tax Credit
[Adopted 1/23/1992 as Ordinance No. 1992-0-1]

§ 141-1. Intent; credit percentage established.

It is felt that the taxpayers have shouldered the burden to financially support the Town of Greensboro, and it is the desire of the Town Council of Greensboro to give some tax relief to taxpayers of the Town of Greensboro, the Town Council of Greensboro hereby sets the homestead credit percentage for the taxable year beginning July 1, 1992, as one hundred ten percent (110%).
 
Chapter 146

VEHICLES AND TRAFFIC ARTICLE I Traffic Regulations
§ 146-1. Scope.
§ 146-2. Traffic and parking control signs.
§ 146-3. Two-hour parking limit.
§ 146-4. Stopping, standing or parking prohibited in certain areas.
§ 146-5. Notice of violation; issuance of summons.
§ 146-6. Speed limits.
§ 146-7. Spikes, cleats and other traction devices.
§ 146-8. Parking and stopping restrictions.
§ 146-9. Applicability of other regulations.
§ 146-10.  Violations and penalties. ARTICLE  II Snow and Ice Emergencies
§ 146-11. Declaration of emergency.
§ 146-12. Parking prohibited on certain streets.
§ 146-13. Placement of signs.
§ 146-14. Violations and penalties.

ARTICLE III Removal and Impoundment of Vehicles

§ 146-15. Removal and impoundment authorized.
§ 146-16.  Approved storage garages designated.
§ 146-17.  Bonding garages.
§ 146-18.  Towing and storage fees.
§ 146-19.  Notification.
§ 146-20. Payment of charges; protests.
§ 146-21. Records of vehicles removed and impounded.
§ 146-22.  Liability of owner or operator.
§ 146-23. Restrictions on removal of vehicles.

[HISTORY: Adopted by the Town Council of the Town of Greensboro  7/6/1981 as Ch. VIII Art. II, of the 1981 Code. Amendments noted where applicable.]

GENERAL REFERENCES Bicycles, mini-bikes and similar vehicles - See Ch. 53.
Noise - See Ch. 105.



ARTICLE I Traffic Regulations
 

§ 146-1. Scope.

The provisions of this Article are intended to be in addition to, and supplementary to the provisions of Article 661/2 of the Annotated Code of Maryland, 1957 Edition, as amended [Editor's Note: Article 661/2 was repealed by Acts 1977, Ch. 14. See now the Transportation Article of the Annotated Code of Maryland, § 11-101 et seq.], and in accordance with the authority specifically granted by said Article.

§ 146-2. Traffic and parking control signs.

Whenever, in the judgment of the Mayor and Council of Greensboro, it is necessary for the safety or control of vehicular or pedestrian traffic or for the regulation of the use of parking areas; the Mayor and Council may erect or cause to be erected weight limit, stop, no-parking, speed limit, one-way and other traffic control and parking restriction signs designed to control, regulate, warn or guide traffic or limit parking on public streets, highways or other areas in the Town of Greensboro. It shall be the duty of all persons to observe such signs, and any person failing to observe any such sign shall, upon conviction thereof, be guilty of a misdemeanor. Nothing herein contained shall be deemed to constitute a repeal of the authority here before granted by the Mayor and Council of Greensboro for the erection of traffic control and parking restriction signs, and failure to observe any such signs here before erected shall be subject to the same penalties as set forth hereafter.

§146-3.  Two hour parking limit. [Repealed and re-enacted 12/22/1999 by Ordinance No.
1999-O-18]

Upon the erection of appropriate parking restrictions signs giving notice of the contents to this section, no one shall park on Main Street in the Central Commercial Zoning District for a period exceeding two (2) hours of continuous parking in any twenty-four hour period beginning 12:01 a.m. and ending 12:00 midnight. Continuous parking shall include parking interrupted by removal of a vehicle from the Central Commercial Zoning District for a period of less than one-half (½) hour, and shall include parking within such zoning district at a different location. Violation of this section shall constitute a municipal infraction.

§ 146-4. Stopping, standing or parking prohibited in certain areas.

A.  No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control devices, in any of the following places:

(1)  On sidewalks.

(2)  In front of a public driveway or alley or in front of a private driveway except with the consent of the owner or occupant of the premises.
 
(3)  Within an intersection.

(4)  Within fifteen (15) feet of fire hydrant.

(5)  On a crosswalk or within twenty (20) feet of a crosswalk at an intersection, except for the purpose of receiving or discharging passengers or merchandise.

(6)  Within twenty-five (25) feet of any beacon, stop sign or traffic control signal located at the side of a roadway.

(7)  Between a safety zone and the adjacent curb or within thirty feet (30) of points on the curb immediately opposite the ends of a safety zone, except for the period necessary to take on passengers or discharge passengers, freight or merchandise.

(8)  Within twenty (20) feet of the driveway entrance to any Fire Department station within seventy-five (75) feet of said entrance when signs are posted.

(9)  Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic.

(10) On the roadway side of any vehicle stopped or parked at the edge or curb of a street, except for the purpose of receiving or discharging passengers or merchandise.

(11) At any place where an official sign or painted curb of Caroline County, the State of Maryland or the Mayor and Council of Greensboro prohibits stopping, parking or standing, and it is hereby specifically provided that, wherever a curb is painted red or yellow, there should be no parking, standing or stopping parallel to said painted curb.

(12) On curves at the brow of a hill, where the State Highway Administration or the Mayor and Council of Greensboro have painted yellow lines on the surface of the road.

B.  No person shall stop, stand or park a vehicle designed or used for carrying freight or merchandise in front of, alongside or in the rear of any private dwelling, except when actually unloading merchandise or when the operator or owner of such vehicle is actually engaged in rendering a service at or to such premises. The exception to this section is when such person resides at said dwelling and has no other safe area to park said vehicle, he then may apply to the Chief of Police for a permit to park said vehicle. The permit will be issued at no cost.

C.  No person shall stop, park or leave standing on the roadway any vehicle, whether attended or unattended, if it is practicable to stop, park or leave the vehicle standing off the roadway.

D.  No person shall leave a vehicle standing without providing an unobstructed view of the roadway opposite the standing vehicle for the free passage of other vehicles.

E.  No person shall stop any vehicle unless it can be seen clearly from two hundred (200) feet
 
away in each direction on the roadway.

F.  Exceptions for disabled vehicles. These provisions do not apply to the driver of a vehicle that has become unintentionally so disabled while on the roadway that he cannot avoid stopping and temporarily leaving the vehicle there.

G.  Parking spaces for individuals with disabilities. A person may not stop, stand, or park a vehicle unless for the use of an individual with a disability, in a space or zone marked as restricted for the use of individuals with disabilities, and unless the vehicle so stopped, standing or parked shall display an approved placard or handicap/disabled registration plates.

§ 146-5. Notice of violation; issuance of summons. [Amended 10-28-1993 by Ordinance No.
1993-0-9].

A.  Every duly authorized police officer of the Town of Greensboro shall attach to any vehicle found to be in violation of §§ 146-2, 146-3 and 146-4 of this Article a notice to the owner thereof that such vehicle has been in violation of the provisions of this Article and instructing such owner to report to the Town Clerk-Treasurer during regular office hours thereof in regard to such violation. Each such owner shall, at such time as specified on the notice of violation attached to such vehicle, pay at the office of the Town Clerk-Treasurer to the Clerk in charge thereof, as a penalty and in full satisfaction of such violation, the sum as provided in § 146- 10. Failure of such owner to make payment upon such conditions shall render the owner subject to the penalty hereinafter imposed.

B.  Any duly authorized police officer of the Town of Greensboro shall take said notice to a duly authorized and appointed Commissioner of the District Court in Caroline County for the purpose of having a warrant for the arrest of such owner issued and for the setting of an amount of collateral to be posted. In the event that such owner does not pay said collateral, he shall be subject to the penalties of fine or imprisonment, or both, as provided in this Article with respect to the provision which has been violated.

§ 146-6. Speed limits.

No motor vehicle, truck or tractor shall be operated upon any highway or street in the town at a speed greater than twenty-five (25) miles per hour except on such streets and highways as may be covered by regulations and the placing of signs.

§ 146-7. Spikes, cleats and other traction devices.

No person shall operate over the streets of the Town of Greensboro any vehicle, motor-driven or otherwise, equipped with spikes, cleats or other traction device calculated to inflict any undue damage or injury upon the surface of the streets of the Town of Greensboro.

§ 146-8. Parking and stopping restrictions.
 
A.  All vehicles shall be driven and parked on the Right-hand side of the street, unless a street or avenue is designated by a sign to be for one-way traffic. At any time it shall become necessary, the Mayor and Council may mark and designate areas which may become congested, banning parking altogether if necessary. No automobile or other vehicle shall stop in any street, avenue or highway in such a manner as to hinder or delay traffic or passage, and the Police
Department is empowered to enforce this provision by impounding said vehicle.

B.  Stop sign postings. The Mayor and Council shall designate from time to time such streets as shall contribute to the safe movement of traffic within the town on boulevards and may post intersecting streets with appropriate stop signs so placed as to be readily visible to the motoring public; and all traffic entering boulevards so designated shall come to a complete stop before doing so.

C.  Angle parking. There will be no angle parking permitted on the streets of the Town of
Greensboro.

D.  No parking. There shall be no parking on streets so designated by the Mayor and Council of the Town of Greensboro.

E.  Loading and unloading areas.

(1) There shall be no loading or unloading of merchandise on the streets of Greensboro except in the areas specifically specified as loading and unloading zones.

(2) Those areas specified as loading or unloading zones shall be properly posted as loading or unloading zones and shall be painted and marked off with yellow paint
identification. There shall be no parking in the areas thus specified except for loading and unloading between the hours of 8:00 a.m. and 4:30 p.m. each and every day except Sunday.

(3) Any vehicles improperly loaded and unloaded in an area other than those specified and acting in noncompliance with this Article shall be subject to a fine as provided in §
146-10.

F.    Mobile Home, motor home, travel trailer, boat trailer, stock trailers. No person shall leave, park or stand any mobile home, motor home, travel trailer, boat trailer, stock trailer, or any other type of trailer upon any public street within any area zoned as residential district, or where the primary use is residential, for a period in excess of twenty-four hours.

§ 146-9. Applicability of other regulations.

Except as herein otherwise provided, the Motor Vehicle Law of the State of Maryland [Editor's Note: See now the Transportation Article of the Annotated Code of Maryland.], which is hereby declared and made a part of this Article by reference, shall control and govern, and any person violating any of the provisions thereof shall, upon conviction, be subject to the penalties provided
 
therein.

§ 146-10. Violations and penalties. [Amended 9-28-1995 by Ordinance No. 1995-0-12]

Violations of any of the provisions of this Article shall constitute a municipal infraction.

ARTICLE II
Snow and Ice Emergencies

§ 146-11. Declaration of emergency.

In order to facilitate the movement of traffic and to combat the hazards of excessive snow and ice on the highways or portions of highways so designated by the Mayor and Council, the Mayor and Council in their discretion, may declare an emergency due to such hazards.

§ 146-12. Parking prohibited on certain streets.

A.  After any such emergency shall have been declared or when snow accumulation at any time reaches the depth of three (3) inches or more, it shall be unlawful during the period of such emergency for any person to park a motor vehicle or tractor or to allow the same to remain parked on any highway or portion thereof so designated by the Mayor and Council or to operate any such vehicle or tractor on any such highway or portion thereof unless such vehicle shall be equipped with adequate equipment to provide sufficient traction to keep such vehicle or tractor in motion so that other traffic on such highways will not be blocked or seriously impeded.

B.  The highways or portion thereof to which the provisions of this Article shall be applicable during all periods of emergency declared as in § 146-11 shall be those so designated by the Mayor and Council.

§ 146-13. Placement of signs.

A.  In order to assist the operation of motor vehicles and tractors in determining the highways affected by this Article, the Mayor and Council or the Chief of Police shall place around the utility poles on the highways or portions thereof designated in § 146-12B signs reading "Snow Emergency Route - Snow Tires or Chains Required No Parking During Emergency - Vehicles Towed Away."

B.  The Mayor and Council or the Chief of Police shall also, through radio, newspaper or other available media, disseminate information as to the existence of such emergency.

§ 146-14. Violations and penalties.

A.  Any person who shall park a motor vehicle or tractor upon or along any of the highways or portions thereof designated by the Mayor and Council at any time during a period of
 
emergency shall be guilty of a violation of this Article.

B.  Operation of a vehicle or tractor upon any highway or portion thereof designated as a snow emergency route without the equipment hereinabove prescribed shall constitute a municipal infraction. [Amended 9/28/1995 by Ordinance No. 1995-0-12]

ARTICLE III
Removal and Impoundment of Vehicles

§ 146-15. Removal and impoundment authorized.

The Chief of Police of the Town of Greensboro is hereby authorized to remove and impound or to order the removal and impoundment of any vehicle parked on any of the streets, highways or public property in the town in violation of any provision of the law or of any ordinance of the town; provided, however, that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this Article.

§ 146-16. Approved storage garages designated.

Garages located in the town may be designated from time to time by the Mayor and Council as approved storage garages, as pounds for the storage of such impounded vehicles.

§ 146-17. Bonding garages.

Every such approved garage or pound shall be bonded in the amount of three thousand dollars ($3,000.00) for the indemnifying of the owner of every such impounded vehicle against the loss thereof or injury or damage thereto while in the custody of such poundkeeper.

§ 146-18. Towing and storage fees.

The towing charge to be collected by every such poundkeeper shall be as designated by the Mayor and Council from time to time in cooperation with such poundkeeper, and the fees for storage for the first day and each additional day shall be so designated by the Mayor and Council from time to time in cooperation with such poundkeeper.

§ 146-19. Notification.

Within twelve (12) hours from the time of removal of any vehicle under the authority granted by this Article, notice of the fact that such vehicle has been impounded shall be sent by the Chief of Police of the Town of Greensboro to the owner of record of such vehicle. Such notice shall designate the place from which such vehicle was removed, the reason for its removal and impounding and the pound in which it shall have been impounded.

§ 146-20. Payment of charges; protests.
 
A.  The payment of any towing and impounding charges authorized by this Article shall, unless such payment shall have been made under protest, be final and conclusive and shall constitute a waiver of any right to recover the money so paid.

B.  In the event that any towing and impounding charges so imposed shall be paid under protest, the offender shall be entitled to a hearing before a Magistrate or court of record having jurisdiction, in which case such defendant shall be proceeded against and shall receive such notice as is provided in the motor vehicle laws as described in Article 66V2 of the Annotated Code of Maryland [Editor's Note: Article 661/2 was repealed by Acts 1977, Ch. 14. See now the Transportation Article of the Annotated Code of Maryland, 5-11-101 et seq.] in other cases of summary offenses and shall have the same rights to appeal and waiver of hearing.

§ 146-21. Records of vehicles removed and impounded.

The Chief of Police shall keep a record of all vehicles impounded and shall be able at all reasonable times to furnish the owners or the agents of the owners thereof with information as to the place of storage of such vehicles.

§ 146-22. Liability of owner or operator.

The payment of towing and storage charges authorized by this Article shall not operate to relieve the owner or operator of any vehicles from liability for any fine or penalty for violation of any law or ordinance on account of which such vehicle was removed and impounded.

§ 146-23. Restrictions  on removal of vehicles.

No vehicle shall be removed under the authority of this Article if, at the time of the intended removal thereof, the owner or person for the time being in charge of such vehicle is present and expresses a willingness and intention to remove such vehicle immediately.

ARTICLE IV
Special Vehicles Permitted for Handicapped Persons
[Adopted 6/25/1997 as Ordinance No. 1997-O-3]

§146-24.  Application. A person who has a permanent physical disability may apply to the Greensboro Police Department, on the form that it requires, for a permit for the operation of one special vehicle.

§146-25.  Presumption of Disability. Any person who shall be currently entitled to special registration plates for disabled persons under section 13-616(a)(1)(ii.) or (v) Transportation Article Annotated Code of Maryland (1992 Repl.Vol., 1996 Cum. Supp.) shall be presumed to be entitled to a special vehicle use permit.

§146-26.
 
A.  Issuance and Review of Permit.

1.  The Police Department shall issue the permit:

(i)  If the applicant is determined to be disabled under the provisions of section 146-25 of this Article; or if the applicant is required to use a wheelchair to move about; or if the Police Department determines that the disability is so severe that the
applicant would endure a Hardship or be subject to a risk of injury if the Applicant were unable to use such special vehicle; and

(ii) If the police department determines that the physical disability is permanent.

B.  To determine if eligibility requirements continue to be met, the police department may conduct a review of any special vehicle use permit it has issued under this subsection. If it determines that eligibility requirements are not being met, the police department may:

(i)  Revoke the special vehicle use permit; and

(ii) Require the permittee to remove any sign or other identification of the permittee as a permit holder.

C.  If the Police Department finds it necessary to review the severity or permanency of the disability of a holder of a special vehicle use permit, the Police Department may request
review and recommendation by the Medical Advisory Board established under § 16-118 of the
"Transportation" article of the Annotated Code of Maryland.

§146.27.

A.  Area of Usage. If granted a permit in accordance with this article, a handicapped person may use a special vehicle on sidewalks or sidewalk areas from one-half hour after sunrise to one- half hour before sunset.
B.  A special use vehicle may only be used within the geographic territory bounded on the south by Maple Street, and an easterly extension thereof to the Choptank River: on the west by School Street, and a northerly extension thereof to Wood Duck Drive; on the north by Wood Duck drive, and an easterly extension thereof to the Choptank River; and on the east by the Choptank River.

§145-28.  Display of Notice Permit.  On receipt of the permit, the person shall affix notice of such permit as shall be directed by the police department to the Special use vehicle in a conspicuous place.

§146.29.  Fraud or Misrepresentation - Application. A person may not commit any fraud or make any misrepresentation in applying for a special vehicle use permit issued under this section or in any certification of fact as to the contents op the application.
 
§146.30.  Same - Using Permit.  A person may not commit any fraud or make any misrepresentation in using a permit for a special vehicle use issued under this Section.

§146.31.

A.  Refusal to Issue or Revocation of Permit for Violations. In addition to any other penalty provided by law for a violation of this section, the Police Department may refuse to issue a special vehicle use permit or revoke a permit that has been issued.

B.  Police department to notify appropriate highway authority. After the police department issues a special vehicle use permit, the Police Department shall notify the state highway administration.

§146.32. Rules of the Road [Amended 7/23/1997 by Ordinance No.1997-O-6]

§146.32.1. Speed Limits.  Unless there is a special danger that requires a lesser speed, the limit specified in this section is the maximum lawful speed. A person may not operate a special use vehicle at a speed that exceeds four (4) miles per hour.

§146.32.2. Pedestrian Right-Of-Way. Operators of special use vehicles shall yield the right-of-way to pedestrians.

§146.32.3. Area of Sidewalk Where Special Use Vehicles Are to Be Driven. Special use vehicles shall be operated on that portion of the sidewalk closest to the highway or street.

§146.33.  Definitions. In this article, the following words having the meanings indicated.

A.  Crosswalk: Shall have the same meaning as given in “Transportation” Article, Annotated Code of Maryland, Section 21-101(F).

B.  Permanent Disability: Shall mean a disability which, in the opinion of a licensed physician. To a reasonable degree of medical probability will continue for not less than six months.

C.  Sidewalk: Shall have the same meaning as given in “Transportation” Article, Annotated Code of Maryland, Section 21-101(T), and shall further include crosswalk.

D.  Special Vehicle: A self-propelled invalid wheelchair or tricycle, or an electric-powered golf cart.

§146.34.  Violation of this article shall constitute a municipal infraction.
 
Chapter 152
WATER AND SEWERS

ARTICLE  I Water Restrictions

§ 152-1. Restrictions  established.
§ 152-2. Violations and penalties. ARTICLE II Water and Sewer System Use
§ 152-3. Service area established.
§ 152-4. Definitions.
§ 152-5. Town Engineer.
§ 152-6. Reservation of water and sewer capacity.
§ 152-7. Application for service.
§ 152-8. Connections.
§ 152-9. Unlawful connections.
§ 152-10. Separate connections.
§ 152-11.  Services to new construction.
§ 152-12.  Title to services and installation.
§ 152-13. Water meters.
§ 152-14.  Meter settings.
§ 152-15.  Charges.
§ 152-16.  Liability for payment.
§ 152-17. Disconnection of service.
§ 152-18.  Wells.
§ 152-19.  Resale of water unlawful.
§ 152-20.  Tampering with facilities; repairs.
§ 152-21.  Use of fire hydrants.
§ 152-22.  Unlawful discharges.
§ 152-23.  Violation and penalties.

[HISTORY: Adopted by the Town Council of the Town of Greensboro: Art. 1, 7/6/1981 as Ch. IV, Art. 1, of the 1981 Code; Art. 11, 10/5/1995 as Ordinance  No. 1995-0-20 (Ch. IV, Art. III, of the 1981 Code). Amendments noted where applicable.]

 

Building construction - See Ch. 57. Floodplain management - See Ch. 84. Stormwater management - See Ch.131. Subdivision of land - See Ch. 135. Zoning - See Ch. 158.
 
GENERAL REFERENCES
 
ARTICLE I Water Restrictions
[Adopted 7/6/1981 as Ch. IV, Art. 1, of the 1981 Code]

§ 152-1. Restrictions  established.

A.  In case of water shortage or scarcity, the Mayor and Council may by resolution place any restrictions upon the use of water for irrigation, car washing, sprinkling or for any other purposes which such body deems necessary.

B.  In case of fire which requires a large use of water, the Mayor and Council may place a temporary emergency restriction on the use of water without the passing of a resolution.

§ 152-2. Violations and penalties. [Amended 9/28/1995 by Ordinance No. 1995-0-121

Violations of the provisions in this Article shall constitute a municipal infraction.

ARTICLE II
Water and Sewer System Use
[Adopted 10/5/1995 as Ordinance  No. 1995-0-20 (Ch. IV, Art. III, of the 1981 Code)]

§ 152-3. Service area established.

This Article shall be in effect and enforced throughout the entire in-town area to which it is feasible to extend water and/or sewer service, based on the availability of sufficient capacities in the water distribution and wastewater collection systems and the water and wastewater treatment plants, and to that out-of-town area currently provided with either Town water or town sewer service.

§ 152-4. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

A.  ALLOCATION - A reservation of gallons in the town's water and sewer systems capacity to accommodate the proposed needs of the consumer.

B.  BOD (Denoting biochemical oxygen demand) - The quantity of oxygen expressed in mg/I, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at twenty degrees centigrade (20E C.). The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association.

C.  CONSUMER - The applicant for service.
 

D.  CURBLINE - A location which, in the town's judgment, is as near to the curb of the street as it is feasible to terminate its service connection and/or install town-owned facilities.

E.  HOUSE CONNECTION - The sewer/and or water line running from a building to the curbline connection with the service connection or lateral.

F.  IMPROVED PROPERTY - Any property upon which there is erected a structure intended for continuous or periodic habitation and occupancy, or used by human beings or animals, and from which structure sewage and/or industrial wastes shall be or may be discharged.

G.  INDUSTRIAL ESTABLISHMENT - Any improved property used, in whole or in part, for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article or from which any process waste, as distinct from sewage, shall be discharged.

H.  INDUSTRIAL WASTES - Any and all wastes discharged from an industrial establishment. I.    LATERAL - The line from the main to the curbline,
J.    LOT - Any vacant land on which no revenue unit is located or which is described in a deed separate from any lot on which a revenue unit is located.

K.  MAIN - The town-owned piping and fixtures used for the transmission or distribution of water or collection of sewage.

L.  mg/l - A concentration given in milligrams per liter.

M. DWELLING UNIT OR EQUIVALENT DWELLING UNIT (EDU) [Amended 6/3/04 by
Ordinance 2004-O-8]

1.  Residential: An approved building lot, a detached house, each half of a semi-detached home, each fully inhabitable apartment unit within a detached house, semi-detached house or multi-unit apartment building;

2.  Mixed Commercial and Residential: Each apartment or EDU within a building devoted to either commercial or to residential use will be treated as a separate EDU.

3.  Commercial Use. EDU will be calculated in accordance with a certain document entitled “Design Standards for Sewerage Facilities” published by the Environmental Health Administration of the Department of Health and Mental Hygiene of the State of Maryland,
1978 edition.

N.  PERSON - Any person, firm, association or corporation or limited liability company.
 

O.  pH - The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in grams per liter of solution indicating the degree of acidity or alkalinity of a substance.

P.  SERVICE CONNECTION - The sewer line and/or waterline extended from the curbline to the main in the street.

Q.  SEWAGE - The normal water-carried household and toilet wastes from any improved property.

R.  SUSPENDED SOLIDS - Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtration as determined by the procedure set forth in the latest edition of Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association.

S.  TOWN - The Town of Greensboro or its duly authorized officers or agents.

§ 152-5. Town Engineer.

A.  The office of Engineer is hereby created. Such officer shall be hired by the Mayor with the approval of the Council.

B.  The Engineer shall be responsible for the operation, maintenance and repair of all facilities of the pumping station, waterworks and water distribution system and perform such other duties and tasks as the Mayor may determine.

C.  In addition to the employment of the Town Engineer, from time to time the town may employ such other engineering professionals, including sanitary engineers, to perform such services on a contract basis as the circumstances require.

Paragraphs B and C of 152-5 are each hereby repealed in its entirety and the following enacted in the place thereof:

C.  Allocation of capacity:
1.  Priority allocation: There shall be allocated 15 equivalent dwelling unit to a combination of:
a.   Public Uses: public uses, such as municipal offices, municipal meeting places, police, park, playgrounds, municipal services as well as the Greensboro Volunteer Fire Department, and
b.  Rehabilitative Uses:
i.    Any proposal to rehabilitate a structure which, by reason of its unusual nature, will not be rehabilitated without the allocation of additional wastewater treatment capacity, shall be considered by the
 
Mayor and Council on a case-by-case basis. The applicant must show:
a.   That the structure, as it exists, has no economically viable use without the allocation of additional



§ 152-6. Reservation of water and sewer capacity.

A.  Every existing lot of record which abuts on a public way with an existing main within that right-of-way is allocated water and sewage capacity in the town system for one (1) occupancy or dwelling unit.

B.  If a consumer seeks to construct more than one (1) dwelling or occupancy unit on its property or if the consumer desires to subdivide its property into lots then the consumer shall request an allocation reservation for the number of dwelling/occupancy units contemplated by the proposed use or proposed subdivision.

D.  An application for allocation reservation shall be made in conjunction with any site plan or subdivision application required by the town pursuant to Chapter 135, Subdivision of Land. The town shall approve the request for additional allocation, provided that any site plan submitted has been approved by the town pursuant to Chapter 135, Subdivision of Land, and the town has the available capacity in its water and sewage system and the existing main and pumping facilities are adequate to handle the consumer's proposed use.

E.  [Amended 2/25/04 by Ordinance 2004-O-1] If an increased allocation is awarded by the Town for the consumer's proposed use, then a non-refundable allocation fee of One Thousand Dollars ($1,000) for water allocation per dwelling/occupancy unit, and Two Thousand Five Hundred Dollars ($2,500.00) per dwelling/occupancy unit, will be assessed. This fee is due
and shall be paid upon approval by the Town of the allocation. The Town shall then reserve for the consumer an allocation sufficient to handle the consumer's proposed use. This allocation shall be good for a period of five years. However, if construction is commenced on a particular unit, or if every proposed unit in a proposed subdivision is not connected within proposed unit in a proposed subdivision is not connected within five (5) years, then the allocation reservation shall expire as to all unconnected proposed units. The reservation allocation may be extended for additional periods of one year each, so long as sufficient capacity exists at the time of request for extension, and so long as the consumer makes payment of an addition non- refundable allocation fee of $1,000 for water allocation per dwelling/occupancy unit and
$2,500.00 for sewer allocation per dwelling/occupancy unit.

§ 152-7. Application for service.

A.  Turning on service. No water supply shall be turned on and no sewer service connection made except by officers or agents authorized by the town to perform this service.
 

B.  Applications for water or sewer system connections will be accepted subject to there being an existing main in a right-of-way on the premises to be served and the existing main is of sufficient capacity to handle the proposed connection and the town has sufficient capacity in the water and/or sewer system.

C.  Any extension of either a water main or a sewer main for the purpose of a tap shall be at the sole expense of the property owner requesting the service; except that should the extension footage be subsequently utilized for additional taps, then the cost of such excess footage or some applicable portion thereof shall be refunded if utilized within five (5) years from the date of installation, except that the provisions of this section relating to an extension shall not apply to an extension constructed for a shopping center, housing development, condominiums, apartment building, industrial plant or any use which requires a site plan under Chapter 158, Zoning, or Chapter 135, Subdivision of Land, but the request of each applicant for such extension shall be individually considered by the town upon proper application.

D.  The town alone will install or cause to be installed the lateral sanitary sewer service lines leading from the sanitary sewer main to the property line. As to all applications for service received six (6) months after the date of completion of the project referred to in this chapter, the cost of the installation of the sewer service lines from the main to the property line shall be at the expense of the property owner.

E.  Connection cost deposit. Anyone desiring to connect into the water and sewer system shall apply, in writing, to the town for permission to so connect, and the applicant shall remit a deposit of two hundred dollars ($200.) with the request. No connection shall be made until such application has been approved by the town. After connection is made, the balance of the connection fee is due and if not paid will become a lien against the property collected in the same manner as unpaid taxes. Every application shall contain an agreement by the applicant to abide by and accept all of the provisions of this Article as conditions governing connections into the municipal water and sewer system.

F.  [Amended 5/1/03 by Ordinance No. 2003-O-3] Security deposit for water service. A deposit of forty-nine Dollars ($49.00) shall be made with each such application, such sum to be retained by the Town to ensure payment of all bills. When service to the applicant is discontinued permanently, this deposit, less any amount still due the town for water or sewer service, shall be refunded without interest. Deposits may be returned to the depositor when, in the discretion of the Town, the depositor has established a record of prompt payment for bills rendered.

G.  [Amended 5/1/03 by Ordinance No. 2003-O-3] Security deposit for sewer service. A deposit of fifty-one Dollars ($51.00) shall be made with each application for connection to the Town sewer system, such sum to be retained by the Town to ensure payment of all bills. When service to the applicant is discontinued permanently, this deposit, less any amount still due to
 
the town for sewer service, shall be refunded without interest. Deposits may be returned to the depositor when, in the discretion of the town, it has been determined that he has established a record of prompt payment for bills rendered.

H.  [Adopted 5/1/03 by Ordinance No. 2003-O-3] Any depositor who shall have paid bills for both water and sewer no later than thirty (30) days after the same are mailed by the Town for a period of four consecutive quarterly billing cycles and has not paid later than thirty (30) days more than three times over a period of eight consecutive quarterly billing cycles, will be deemed to have established a record of prompt payment entitling such depositor to a return of the deposit made hereunder.

I.    Adequate plumbing required. Water service shall not be provided and no sewer system shall be connected to premises in which the plumbing does not comply with town regulations and
codes and with County Health Department regulations and county plumbing codes, except that water and sewer service may be turned on for construction work in unfinished buildings
subject to the provisions of this Article.

J.    Arrearage. No application for service will be accepted by the town until the applicant has paid or has made satisfactory arrangements to pay all arrearages and charges owed by the applicant and due to the town at any premises now or heretofore occupied by the applicant.

§ 152-8. Connections.

A.  When any water main or sewer main is declared ready for operation by the town and reasonable notice given, all abutting property owners shall within six (6) months connect all fixtures with the water or sewer main or both the water and sewer mains where both mains are available. Upon notification that the sewer system is operational, all property owners shall within six (6) months at their own expenses abandon, clean out, disinfect and permanently fill up their respective privy vaults, cesspools and other drainage or sewage receptacles with clean fresh earth, except that clean ashes or other approved material may be used with the permission, of the town. It shall be unlawful to connect any private well with the town water supply system.

B.  Noncompliance. Should any owner of any such property refuse, neglect or fail to comply with any of the terms and requirements of said notice within the time therein stated then, upon the expiration of the time stated, the town, its servants, agents and employees may enter upon said premises and perform all the work required of the said owner of said property and supply all the material needed therefor at the expense of said owner. Upon the completion of said work the cost thereof, including the cost of said materials and all expenses incurred, may be recovered by the town from the said owner by suit or otherwise if necessary, but- at the discretion of the town and under the provisions of this Article, the said owner shall not be permitted any use of said sewer or water service until adequate security, in the judgment of
said town, shall be given for the full payment and satisfaction of all cost and expenses incurred
 
in any manner by the town, for the benefit of such owner or other person under the provisions of this Article. In addition thereto, any owner who shall refuse, neglect or fail to comply with any of the terms and requirements of said notice may be subject to a fine of fifty dollars ($50.) for each day until the terms and requirements of said notice are fully complied with.

C.  Whenever it shall be determined that a water or sewer building connection was constructed in violation of the terms and conditions upon which a permit therefore was issued, the water connection thereto may be cut off at the main until the connections have been made to comply with all of the conditions of said permit or, in the alternative, the town may after notice to the property owner cause the defect to be corrected and charge the expense thereof to said
property owner.

D.  Temporary water service. Temporary water service for building or other construction work may be furnished as follows: upon filing of the proper application and the payment of a
suitable deposit a temporary water connection may be constructed by the property owner or his agents from the main to his service facilities with an outside meter setting installed at the property line. The cost of the removal of the connection plus the meter and meter service
charge plus the charge for the water used, computed at the regular consumption rates, will be deducted from the deposit and the remainder, if any, returned to the property owner. If the total charges exceed the deposit the property owner will be billed for the excess.

E.  Restriction. No private sewer system shall be connected with the town sewer system. The town system may not be connected to any premises other than that for which an application has been made.

F.  [Amended 6/6/01 by Ordinance 2001-O-4] In-town connections. The Town Council shall from time to time establish by resolution the fee for the privilege of connecting into the Town water and sewer mains. The town alone will install or cause to be installed the water service line leading from the water main to the curbline and the sewer service line from the sewer main to the curbline.

G.  The fees set forth in Subsection F hereinabove do not include the cost of the water meter or the water meter pit enclosure for any additional number of lots created after January 23, 1991, pursuant to Chapter 135, Subdivision of Land, of this Code. The meter and meter pit enclosure will be supplied by the town at the expense of the person seeking connection.

H.  Out-of-town connections. No person residing outside the town limits who is not currently being provided water or sewer service will be permitted to connect to either system; no such person who is currently being provided with only one (1) service will be permitted to connect to the other service.

I.    The water service pipes for any new building, lot, premises or establishment shall not be laid over or through any other building, lot, premises or establishment except in an approved right-
 
of-way or easement, and no person shall connect or cause to be connected any building, lot, premises or establishment with the water service pipe belonging to or supplying any other building, lot, premises or establishment. The owner/owners of any building, lot, premises or establishment in the town where this condition exists at present will be given ninety (90) days in which to correct this situation. However, this regulation shall not prevent a dwelling with a private garage upon the rear of the same lot or parcel of land from being supplied by the same service pipe, but if the garage is converted wholly or partially into a dwelling or place of business, a separate connection shall be installed under such conditions as the town may require.

§ 152-9. Unlawful connections.

A.  No connection shall be made to any water service pipe between the water main and the meter except such bypass as the town may install. If such unlawful connection is found, the water house connection will be cut off at the main until such unlawful connection is disconnected and abandoned. Any expense to which the town shall be subjected due to the above work shall be paid for before service is restored.

B.  If it is found that such unlawful connection has been made in order to illegally obtain unmetered water, the unlawful connection will be removed and the cost of such removal shall be paid for by the property owner before service is restored.

§ 152-10. Separate connections.

A.  Separate water building connections for each separate lot or parcel of land abutting on a street, alley or right-of-way in which there is a water main belonging to the town shall be constructed by the owner of said lot or parcel of land from such property line to the building.

B.  Each new building on one (1) lot or parcel of land shall be served by a separate water connection; a "building" for this purpose being any structure or part thereof intended for single occupancy on the street floor or in case of apartments over a business or garage.

C.  In case it is found that more than one (1) building or more than one (1) lot is being served by the same water connection in violation of this chapter, the same shall constitute a municipal infraction and the town shall take action to correct such violations under the following procedure:

(2) The owner of the property involved shall be notified by certified or registered United States Mail that the violation exists and that the situation must be corrected by a given date.

(3) If the owner does not comply with the above notice, the Engineer shall shut off the water and remove the water meter serving the property, if any, until the situation is
 
corrected to his satisfaction, at which time water service will be resumed after payment of all cost to which the town may be subjected in the above matter.

(4) If the property owner refuses to comply with the above notice, the town shall take further legal action as is provided by law.

§ 152-11. Services to new construction.

A.  From the time this Article becomes effective, no new construction within the town limits which will require sewer services shall be commenced or permitted unless satisfactory arrangements are made to connect to the municipal sewer system.

B.  A structure under single ownership, but so divided as to provide for more than single occupancy, may be permitted a single connection by special permit under such conditions as the town may require but will pay for each occupancy as a separate unit. When meters are required and installed, each unit will be required to have a meter, and the cost of the meter will be included in the installation fee.

C.  A group of public, ecclesiastical, educational, charitable, club, farm or industrial buildings under one (1) ownership and/or a single tract of ground which may consist of a group of lots or a single parcel, will require a separate connection for each. Shopping centers, apartment developments, tourist camps, motels, trailer coach parks and similar groups under one (1) ownership located on a single tract of ground as stated in Subsection B shall require a separate connection for each, and when meters are installed each will require a meter and the cost of the meter will be included in the installation fee.

D.  A single trailer located on a lot or parcel of land will not be permitted to be connected to the water mains unless the trailer installation is in compliance with all local, state and federal laws or regulations governing the same. It will then be considered a single dwelling unit under this Article.

E.  Paragraph F was added 11/18/04 what happened to Paragraph E?

F.  Before a building permit shall be issued for any new construction which will require an additional sewer service connection, the landowner shall pay to the Town, prior to the issuance of such permit, a nutrient reduction fee in the amount of $4,500 for each new EDU for which connection is sought. [Amended 11/18/04 by Ordinance 2004-O-33]

§ 152-12. Title to services and installation.

A.  Title to all services from the water main to curbline, including the meter and the pit enclosure, are vested in and the same shall at all times remain the sole property of the town and shall not be trespassed upon or interfered with in any respect.
 

B.  Title to all service from the sewer main to the property line is vested in and the same shall at all times remain the sole property of the town and shall not be trespassed upon or interfered with in any respect. This property shall be maintained by the town.

C.  The house connections (both water and sewer) from the curbline to the building shall be installed at the expense of the owner of the premises. For this installation, the owner or applicant shall employ a registered plumber to do the work, shall obtain all necessary permits and shall abide by all applicable Caroline County and Maryland Department of Health and Mental Hygiene laws and regulations pertaining to such an installation. Materials and method of construction shall be approved by the town, and, if the house connection has not been installed in accordance with the town's requirements, water will not be turned on nor sewer service furnished until such defects have been remedied. The house connection between the curbline and the building of the owner or applicant shall be maintained at the owner's expense, all such maintenance work shall be performed by a registered plumber in a manner satisfactory to the town.

D.  All water service pipes to the building shall have a minimum cover of three and one-half (31/2) feet. All water service pipes shall be at least five-eighths (5/8) inches inside diameter and/or shall conform with the Caroline County Plumbing Code.

E.  No water service pipe shall be laid in the same trench with gas pipes, drain- or sewer pipe or any other facility of another public service company nor within three and one-half (3 1/2) feet of any open excavation or fault and shall conform with the Caroline County Plumbing Code.

F.  Every water service pipe must be provided with a stop waste cock on the inside of the cellar or foundation wall adjacent to the location where the pipe passes through it, easily accessible and fully protected from freezing, and all pipes in the building must be laid in such a way that they can be fully drained by that waste cock.

G.  All pipes and appurtenances on private property shall be maintained by and at the expense of the property owner. The town may do maintenance or repair work on private property, in which case the cost, including overhead expense, shall be paid by the property owner.

H.  In the event of a complaint regarding a leak, the town will at once determine if the leak is in the public way, in which case the leak will then be repaired by the town at the town's expense. If it is found that the leak is not the town's responsibility, the owner shall be so notified and it shall be his responsibility to have the leak repaired at once by a master plumber at the owner's expense or, if necessary, the town may perform such repair work. However, the cost including overhead expense, shall be paid by the property owner.

§ 152-13. Water meters.
 
A.  Water meters required of all consumers.

1.  In order to promote the conservation of water, the water consumption of each separate residential unit and commercial unit shall be measured by meter and each consumer of such water shall pay for the same based upon the amount of usage as so measured at those rates established by the Town Council.

2.  All town water consumers shall connect the waterlines serving their respective separate residential unit or commercial unit to the meter installed by the town.

3.  Where separate units are in common ownership suitable to measurement by a single meter the Town Council may waive the requirement of additional meters.

B.  Each meter is the property of the town and at all times subject to its control and inspection, and where any meter is located on or within any private property, building or premises, the town shall have the right to enter the same at all reasonable hours for the purpose of examining, repairing, replacing or removing said meter or to take meter readings. Any restraint or hindrance offered to such entry by any owner or occupant or agent of either shall constitute a municipal infraction.

C.  Any meter injured from any cause directly attributable to the owner or occupant will be renewed or repaired at the expense of said owner or occupant.

D.  All water furnished by meter measurements and all water passing through any meter shall be paid for according to meter reading at the rate specified whether used or wasted. However, if at any time the meter fails to register, the water consumption for such period may be charged for by using the reading of the same quarter of the previous year.

§ 152-14. Meter settings.

A.  The town shall furnish with each permit for each water connection upon the payment of the required fee to cover all cost for water connection including the cost of a meter hereinafter prescribed, a water meter of a size and a type deemed by the Engineer to be suitable for the installation contemplated. The water meter shall remain under the ownership of the town and will be maintained by the Town of Greensboro. To defray the cost of the supervision of the installation and the maintenance of the meter the town shall charge a fee in an amount as the Town Council shall provide by resolution.

B.  The Engineer shall determine the size and type of any water meter and the type of location of the settings. Outside meter settings will be used except where obstructions or other considerations required that they be placed inside the building, in which case they will be set as the Engineer shall require. When the water meter is set inside the building the property owner will be held responsible for the protection of the meter from injury due to freezing
 
and/or tampering. Repair and replacement of a meter so damaged shall be at the expense of the property owner.

C.  The outside meter housing or the curb box must be installed so that the top is on the ground surface of the permanent grade and within the public right-of-way whenever possible. In order to accomplish this, one (1) of the following methods will be followed:

1.  Where the curb and sidewalk do not exist, the property owner shall indicate the final grade of the ground surface at which an outside meter setting or curb box is to be placed and the structure will be set at the grade given when it is installed. The water house connection shall not be installed until such grade is given. If the grade or location of the meter setting or the curb box is changed due to a change in elevation of the ground from that originally indicated, the property owner shall bear the expense of such change in grade or location.

2.  Where the curbs and sidewalks exist the top of the meter housing shall be placed at the straight line grade between the back of the curb and the street edge of the sidewalk.

D. Increase in size of meter.

1.  The town reserves the right to limit the size on any water meter to be installed.

2.  If due to a change in the use or due to the installation of additional fixtures the owner requests a larger water building connection, the existing connection shall be disconnected and abandoned at the expense of the owner. The size requested will be checked as to adequacy by the Engineer, and the owner will be required to install the size connection determined by the Engineer to be adequate for the changed conditions. Installation and construction of the larger connection shall be at the expense of the property owner and subject to the inspection and approval of the work by the Engineer or his authorized representative.

3.  If the Engineer finds that an existing water connection is too small to serve the number of fixtures connected to it, to such an extent that the existing water meter, if any, is being run constantly in excess of its safe rated capacity, the owner shall be notified of the situation and will be required to arrange for the installation of a larger water connection and a larger meter adequate for the service needed. If the owner refuses to correct the situation after due notice, the town shall arrange for the disconnection and abandonment of the existing water connection and the installation of a water service of such suitable size as he shall determine is necessary. The cost of such disconnection, abandonment and installation shall be billed
to the owner of the premises involved.

§ 152-15. Charges.

A.  Water charges.
 

1.  The Town Council shall from time to time establish by resolution a water consumption charge and impose such penalties for delinquent payment as it deems proper.

2.  All out-of-town water users will pay double meter readings

B.  Sewer charges

1.  Rates inside town limits. The rates and charges for sewer connections as well as user charges for residents within the town limits shall be as set from time to time by resolution which establishes the fee schedule.

2.  Rates outside town limits. The rates and charges for sewer service for consumers living outside the town limits shall be a sum not less than two (2) times the minimum rate charged consumers within the town limits.

§ 152-16. Liability for payment.

A.  The property owner is personally liable for payment of the water consumption charges and for sewer service charges. The town may, in its sole and absolute discretion, upon written notification by the property owner, forward the water consumption and the sewer service charges to the person so named in such notice, but this shall in no way relieve the property owner from its obligation to pay such charges.

B.  All bills for the use of water and for sewer service shall be charged against the owner or owners of the property served with such services whether occupied by such owner or not and shall be liens against the property being served.

C.  Each and every quarter shall be a complete period in itself, and no excess consumption of water during one (1) quarter shall be charged against the minimum charge or rate or be added to the consumption of any other quarter or quarters.

D.  If a water bill or sewer service charge is not paid in the time set by resolution, the town, in its discretion, may discontinue water to the defaulting property owner.

E.  All properties shall be subject to water bills and sewer service charges, including tax-exempt properties, with the exception of the Greensboro Volunteer Fire Department and property owned by the town.

F.  All bills are payable according to the town's payment schedule as set by resolution and may be paid in the Town Office on Monday through Friday during regular business hours.

G.  Liens. All rates and/or charges referred to in this Article hereinbefore or hereinafter mentioned
 
shall constitute a lien on the real estate served, collectible in the same manner as town taxes or by suit at law.

§ 152-17. Disconnection of service.

A.  At request of consumer. Whenever the consumer desires to have his water service discontinued he shall notify the town in writing. Until such notice is received by the town from the
consumer, the consumer shall be responsible for the payment of all bills rendered for services provided by the town. A reasonable time after the receipt of such notice shall be allowed for the town to take final action such as to read the meter and to turn off the services [Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.]

B.  By the town. Water service may be discontinued by the town for any one (1) of the following reasons:

(1) Misrepresentation in application. (2) Willful waste of water.
(3) Failure to comply with restrictions imposed herein. (4) Molesting town property or seals on appliances.
(5) Vacancy, and then a flat rate charge will apply. (6) Nonpayment of bills when due.
(7) Cross-connecting the town's service pipe with any other supply source.

(8) Refusal of reasonable access to property to determine whether residential or commercial usage exists.

C.  Charge. When water service has been discontinued from any premises for any of the above reasons or for any other violation of the town's rules a charge will be made for restoring service in the amount of the actual cost plus overhead; except, however, that the minimum charge will be as provided in the schedule of fees set from time to time by the Council by resolution [Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I].

D.  Disconnection of sewer service. Disconnection from sewer service will be permitted if all improvements on the property being served have been completely razed, and, in any event, only when doing so will not create a condition of default under any loan agreements between the town and a lender which provided funds for improvements and upgrades to the wastewater
 
treatment facility of the town. Once disconnected, no new construction on the property will be permitted except upon compliance with §§ 152-7 and 152-11 and upon payment of the fees set forth in § 152-8F. [Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.]

§ 152-18. Wells.

A.  Whenever a water connection is provided for a property previously served by a well, the well shall be examined to determine whether it is polluted or will be a menace to health. Should such well be found to be polluted or a menace to health it shall be abandoned and closed in a manner satisfactory to the town.

B.  No well for household use shall be constructed on property accessible to a public water main.

§ 152-19. Resale of water unlawful.

No water shall be resold or distributed by the recipient thereof from the town supply to any premises other than that for which application has been made and the meter installed, except in case of emergency.

§ 152-20. Tampering with facilities; repairs.

It shall be unlawful for any person not authorized by the town to tamper with, interfere with, remove, replace, alter or damage any part of the town water works or water supply system or any meter or meter seal or any part of the town sewer system or sewage treatment facility. The guilty party shall pay the full costs of repairs including labor and materials.

§ 152-21. Use of fire hydrants.

A.  No person other than an authorized employee of the town or a member of a fire department acting under orders of his proper superior in the performance of his duties may operate a fire hydrant unless in possession of a permit from the town to do so.

B.  Fire hydrants may not be used for flushing or for any other purpose except by special written permission of the town for the time and at the location specified. If such permission is granted the water shall be charged for at the prevailing rates.

§ 152-22. Unlawful discharges.

A.  Prohibited substances. It shall be unlawful to permit or cause the flow of any of the following substances into the sanitary sewer system of the town:

1.  Any grease, fatty material, offal or garbage on a commercial basis that is not first approved
 
by the town.

2.  Any stone, dust, sand, dirt, gravel, sawdust, metal filings, broken glass or any material which may cause or create an obstruction in the sewer.

3.  Gasoline, benzene, fuel oil or any petroleum products or volatile liquids.

4.  Milk or any liquid waste products in quantities in excess of ten (10) gallons during each twenty-four-hour period.

5.  Any sewage or industrial waste having a temperature higher than one hundred fifty degrees
Fahrenheit (150E F.).

6.  Any sewage or industrial waste having a pH lower than five point five (5.5) or higher than nine point five (9.5) or having any other corrosive or scale-forming property capable of causing damage or hazard to structures, equipment or personnel operating the sewage treatment plant.

7.  Any cyanide, phenol or any other chemical or substance which interferes with or prevents the functioning of the sewage treatment plant.

8.  Rainwater or other wastewater usually conveyed by storm sewers into the sanitary sewer system of the town.

B.  Interception. Every building or premises used or occupied by any sewer user where any commercial or industrial operation is conducted or permitted which results in the discharge into the sanitary sewer system of the town of any of the products, waste products or other substances in the manner and to the extent prohibited in this Article shall be equipped with an adequate and suitable catch basin, grease trap, filter or other interceptor, installed in such a
manner that the products, waste products or other substances herein set forth will not flow into or be discharged into the sanitary sewer system. It shall be unlawful to permit the flow of
waste from such buildings or premises into the sanitary sewer system unless such interceptor is installed and in good working order and approved by the town.

C.  Limitations. The admission into the public sewers of any waters or wastes having a BOD greater than three thousand (3,000) mg/l or containing more than three hundred fifty (350) mg/l of suspended solids or having an average daily flow greater than two percent (2%) of the
average daily sewage flow of the town shall be subject to the review and approval of the town. Where necessary, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the BOD to three hundred (300) mg/l and the suspended solids to three hundred fifty (350) mg/I, reduce objectionable characteristics or constituents to within the maximum limits provided for in this Article or control the quantities and rates of discharge of such waters or wastes; and the plans, specifications and any other pertinent information
 
relating to proposed preliminary treatment facilities shall be submitted for the approval of the
Engineer and construction of such obtained in writing.

§ 152-23. Violation and penalties.

Violations of any of the provisions of this Article shall constitute a municipal infraction.
 
Chapter 158
ZONING

ARTICLE I General Provisions

§ 158-10.  Title.
§ 158-11.  Applicability.
§ 158-12.  Purpose.
§ 158-13.  Construal of Provisions.
§ 158-14.  Terminology.

ARTICLE  II Administration, Amendment, and Enforcement

§ 158-20.  Zoning Map
§ 158-21.  Zoning Administrator; Permit Issuance
§ 158-22.  Planning Commission
§ 158-23.  Board of Appeals
§ 158-24.  Amendments
§ 158-25.  Fees
§ 158-26. Complaints, Violations, and Penalties

ARTICLE  III Provisions Applicable To All Districts

§ 158-30.  Applicability of Zone Regulations
§ 158-31.  Height, Area, and Bulk Requirements
§ 158-32. Lot Area Requirements
§ 158-33.  Lot Improvement Requirements
§ 158-34.  Temporary Uses
§ 158-35. Off-Street Parking and Loading
§ 158-36. General Sign Regulations
§ 158-37.  Nonconforming Uses, Lots, and Structures

ARTICLE IV  Zone Regulations

§ 158-40.  Principal Permitted Uses by Districts
§ 158-41. Residential Zone R-1
§ 158-42. Residential Zone R-2
§ 158-43. Residential Zone R-3
§ 158-44.  Light Commercial Zone LC
§ 158-45.  Highway Commercial Zone HC
§ 158-46.  Central Commercial Zone CC
§ 158-47.  Light Industrial  Zone I-1
§ 158-48.  Medium Industrial Zone I-2
 
§ 158-49.  Critical Area Overlay Zone CAO ARTICLE V  Site Plan Review
§158-50. General requirements
§158-51.  Applicability and Approving Authority
§158-52.  Required Site Plan Information for Dwellings in Residential Districts
§158-53.  Required Site Plan Information for Multifamily Dwellings, Shopping Centers, Planned Unit Developments, Industrial Buildings and Developments, Commercial Developments, and Warehousing
§158-54.  Construction of Required Improvements
§158-55.  Expiration and Extension

ARTICLE  VI  Performance Standards

§158-60. Statement of Intent
§158-61.  Uses with Performance Standards

ARTICLE  VII  Special Exceptions

§158-70. Statement of Intent
§158-71. Standards for Authorization
§158-72. Special Exceptions

[History: Adopted by the Town Council of the Town of Greensboro 1/1/2000 by Ordinance
No. 1999-O-14]



ARTICLE I General Provisions

§ 158-10.  Title.

This Chapter shall be known as the “Zoning Ordinance for Greensboro, Maryland.”

§ 158-11.  Applicability.

This Chapter shall apply to the incorporated territory of Greensboro, Maryland. It is the intent of this Chapter that the extent of its applicability be automatically changed in accordance with the provisions hereof or provisions of State law which may affect the applicability of this Chapter.

§ 158-1. Purpose.
 
The zoning regulations and districts as herein established have been made in accordance with a
Comprehensive Plan and

To promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of the citizens of Greensboro, Maryland;

To provide for efficiency and economy in the process of development; for the appropriate and best use of land; for convenience of traffic and circulation of people and goods; for the appropriate use and occupancy of buildings; for healthful and efficient distribution of population; for good civic design and arrangement, including the preservation and enhancement of the attractiveness of the community; and for adequate public utilities, public services and facilities by regulating and limiting or determining the height and bulk of buildings and structures, the area of yards and other open spaces, and the density of use. They have been made with reasonable consideration of,
among other things, the existing use of property, the character of the Town and its peculiar suitability for particular uses and trends of growth or change, with a view to conserving the value of land and buildings and encouraging the most appropriate use of land throughout the incorporated territory of Greensboro, Maryland; and
To carry out the specific goals of the Comprehensive Plan: Land Use Goals
•    Maintain land use patterns and densities that are consistent with the small town character of the Town
•    Ensure that future residential, commercial, and industrial growth occurs in suitable areas, consistent with the Town’s character.
•    Guide future growth into areas that are consistent with Town development policies, are appropriate to the protection of ecologically sensitive areas, promote the local economy,
and can be serviced by the existing Town infrastructure and/or reasonable extensions/expansions thereof.

Sensitive Areas Goals
•    Preserve ecologically valuable resources and find a balance between natural resource protection and economic growth.
•    Protect sensitive areas to ensure the long-term economic and environmental health of the community.
•    Preserve the diversity of natural resources, with special attention given to habitats of threatened and endangered species and other unique ecosystems.
•    Adopt and meet the goals established in the Maryland Chesapeake Bay Tributary
Strategies.



Historical Preservation Goals
•    Preserve all Town historical structures.
 
•    Encourage the revitalization of historical structures that require attention.

Transportation Goal
•    Provide the community with safe, efficient transportation routes for vehicular and pedestrian traffic that are consistent with the Town’s patterns of existing and future growth.

Community Facilities Goals
•    Ensure the general health, safety, and welfare of Town residents.
•    Ensure services for the community are efficiently provided.
•    Conserve open spaces and public lands to protect vital water resources and provide adequate recreational opportunities for Town residents.

Economic Development Goals
•    Improve the economic vitality of the Town by protecting the Town’s economic base and encouraging future investment and business opportunities in identified growth areas.
•    Encourage commercial growth in the Central Business District and industrial growth in proposed or existing industrial parks, using streamlined regulations wherever possible.
•    Encourage economic growth through the protection, conservation, and promotion of historically and culturally significant buildings and ecologically significant resources.

Housing Goals
•    Ensure that decent, sanitary, and safe housing is available to residents of all incomes.
•    Preserve and improve the stability of Greensboro’s neighborhoods.

These purposes apply throughout these regulations and shall be key factors where interpretation or amplification is thought necessary in the application of specific features of the regulations.

§ 158-13.  Construal of Provisions.

In their interpretation and application the provisions of this Chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations, Ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.

§ 158-14.  Terminology. A. Word usage
For the purpose of this Chapter, certain terms or words used herein shall be interpreted as follows:
 
1.  The word “person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

2.  The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

3.  The word "shall" is mandatory; the word "may" is permissive.

4.  The words "used" or "occupied" include the words “intended, designed or arranged to be used or occupied."

5.  The word "lot" includes the words "plot" and "parcel."

B. Definitions

As used in this Chapter, the following terms shall have the meanings indicated.

ACCESSORY STRUCTURE - A subordinate structure, the use of which is clearly incidental to
or customarily found in connection with and, except as otherwise provided in this Chapter, located on the same lot as the main building or principal use of the land.

ACCESSORY USE - A use which is clearly incidental to or customarily found in connection with and, except as otherwise provided in this Chapter, is located on the same lot as the principal use of the premise. When the term "accessory" is used in this Chapter, it shall have the same meaning as "accessory use.”

ADMINISTRATOR - The Zoning Administrator.

ADULT BOOKSTORE - Any premises from which minors are excluded, and in which the retail sale of books, magazines, newspapers, movie films, devices, slides, or other photographic or written reproductions is conducted as a principal use of the premises, or as an adjunct to some other business activity, but which constitutes the primary or a major attraction to the premises.

ADULT NIGHTCLUB, BAR, RESTAURANT, OR SIMILAR ESTABLISHMENT - An entertainment establishment which features go-go dancers, topless service personnel, exotic dancers, strippers, male or female impersonators, or similar entertainers.

AFFORESTATION - The establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas that are not presently in forest cover.

AGRICULTURE - The use of land for any of the purposes of farming, dairying, pasturing, apiculture, horticulture, floriculture, viticulture, fish culture, and animal and poultry husbandry. This does not include the processing, packaging, or manufacture of agricultural products.
 

AGRICULTURAL EASEMENT - A non-possessory interest in land which restricts the conversion of use of the land, preventing non-agricultural uses.

ANADROMOUS FISH - Fish that travel upstream (from their primary habitat in the ocean) to freshwater to spawn.

APARTMENT - A part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed and used as a residence by an individual or a single family.

APARTMENT HOUSE - Same as "dwelling, multiple family."

AQUACULTURE - (a) Farming or culturing of finfish, shellfish, other aquatic plants or animals or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments; (b) Activities include hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas; and (c) Cultivation methods include, but are not limited to, seed or larvae development and grow-out facilities, fish ponds, shellfish rafts, rack and longlines, seaweed floats, and the culture of clams and oysters on tidelands and subtidal areas. This definition does not include related activities such as wholesale and retail sales, processing, and product storage facilities.

AUTOMOTIVE RECYCLER - An individual or entity engaged principally in the business of purchasing or otherwise acquiring and dismantling used, salvage, flood, and non-repairable motor vehicles for the purpose of selling or otherwise lawfully disposing of all recyclable and non- recyclable parts, components, elements, and contents.

BARREN LAND - Unmanaged land having sparse vegetation.

BASEMENT - That portion of a building between the floor and ceiling having more than one-half of its height below grade.

BED AND BREAKFAST ESTABLISHMENT - An owner-occupied or manager-occupied structure where, for compensation and only by prearrangement for definite periods, lodging and breakfast are provided for transients only.

BEST MANAGEMENT PRACTICES (BMPs) - conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures.
 

BOARD - The Board of Appeals of the Town of Greensboro

BOARDING HOUSE - Same as "rooming house.”

BUFFER – An existing naturally vegetated area or an area established in vegetation and managed to protect aquatic, wetland, shoreline, and terrestrial environments from manmade disturbances. In the Critical Area Overlay District (CAO), the minimum "buffer" is a continuous area located immediately landward of tidal waters (measured from the mean high waterline), tributary streams in the Critical Area, and tidal wetlands, and has a minimum width of one hundred feet. The "buffer" shall be expanded beyond the minimum width to include certain sensitive areas as per requirements established in this Chapter.

BUFFER EXEMPTION AREA (BEA) - Any portion of the Greensboro Critical Area shoreline that has been requested by the Town of Greensboro and approved by the Critical Area Commission for BEA status because, due to the existing pattern of development, the buffer is prevented from fulfilling its function,

BUILDABLE AREA - The area of that part of a lot not included within the yards or open spaces herein required.

BUILDABLE WIDTH - The width of that part of a lot not included within the open spaces herein required.

BUILDING - Any structure having a roof supported by columns or walls and intended for the housing or enclosure of persons or property of any kind.

BUILDING LINE - The line, parallel to the street line, that passes through the point of the main building nearest the front lot line.

BUILDING, MAIN - A building in which the primary use of the lot on which the building is located is conducted.

BUILDING OR STRUCTURE, HEIGHT OF - The vertical distance from the average finished grade to the highest point of the coping of a flat roof; the deckline of a mansard roof; the mean height level between eaves and ridge for gable, hip, and gambrel roofs; or the highest point on other structures.

BULK - Describes the size and shape of a building or structure and its relationship to other buildings, to the lot area for a building, and to open spaces and yards.

BUSINESS SERVICE - Services rendered to a business establishment or individual on a fee or contract basis, including actuarial, advertising, credit reporting, janitorial, office or business
 
equipment rental or leasing, photofinishing, telecommunications, blueprinting and photocopying, and other such services.

CHILD CARE CENTER -- A place for the care of children under twelve years of age, away from their own homes, who stay less than twenty-four hours in any day, regardless of compensation.

CLINIC - A building or portion thereof designed for, constructed or under construction or alteration for, or used by two or more physicians, surgeons, dentists, psychiatrists, psychotherapists, or practitioners in related specialties, or a combination of persons in these professions, but not including lodging of patients overnight.

CLEARCUTTING - The removal of an entire stand of trees in one cutting, with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut from advanced regeneration or stump sprouts, or from planting of seeds or seedlings by man.

CLUB, PRIVATE - Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit.

CLUSTER DEVELOPMENT - A residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder.

COLONIAL NESTING WATER BIRDS - Herons, egrets, terns, and glossy ibis; for the purposes of nesting, these birds congregate (that is "colonize") in relatively few areas, at which time, the regional populations of these species are highly susceptible to local disturbances.

COMMERCIAL AMUSEMENT AND RECREATION - An establishment which provides entertainment, recreation, or amusement for profit, including commercial establishments which house more than three or a combination of three of the following: video games, pinball machines, pool tables, or similar amusements as the principal purpose of the use.

COMMERCIAL HARVESTING - A commercial operation that would alter the existing composition or profile, or both, of a forest, including all commercial cutting operations done by companies and private individuals for economic gain.

COMMUNITY PIERS - Boat docking facilities associated with subdivisions or similar residential areas, and with condominium, apartment and other multiple-family dwelling units. Private piers are excluded from this definition.

COMPREHENSIVE OR MASTER PLAN - A compilation of policy statements, goals, standards, maps and pertinent data relative to the past, present and future trends of the local jurisdiction, including, but not limited to, its population, housing, economics, social patterns, land uses, water resources and their use, transportation facilities, and public facilities.
 

CONSERVATION EASEMENT - A non-possessory interest in land that restricts the manner in which the land may be developed in an effort to conserve natural resources for future use.

CONSTRUCTION SERVICES - The performance of work by, or furnishing of supplies to, members of building trades, including building contractors, carpentry, wood flooring services, electrical services, energy systems services and products, general contracting, masonry, stonework, tile setting, and plastering, plumbing, heating and air conditioning services, roofing and sheet metal services, and other such services.

CONVENIENCE STORE - An establishment which sells packaged and/or prepared foods and beverages, and other convenience items, for consumption off the premises by travelers and highway users. Sales of items are dependent upon convenience of location, speed of service, and highway accessibility, and are not dependent upon comparison shopping or pedestrian traffic within the site or on adjoining sites. It is designed to attract a large volume of stop and go traffic.

COURT - An open space which may or may not have direct street access and around which is arranged a single building or a group of related buildings.

COVER CROP - the establishment of a vegetative cover to protect soils from erosion and to restrict pollutants from entering the waterways. Cover crops can be dense, planted crops of grasses or legumes, or crop residues such as corn, wheat or soybean stubble, which maximize infiltration and prevent runoff from reaching erosive velocities.

CRITICAL AREA - All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include:

a.   All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland

b.  All land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the Environment Article, Annotated Code of Maryland.

c.   Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission, as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.

DECK - A platform with one or more levels above ground which is supported on a firm footing sufficient to support the structure and loads required. This may be attached or detached from the main building and may include entrance steps.
 
DECK FOR CONVERSION - In addition to the "deck" definition, its footing and structure must conform to those of living quarters when initially built.
DENSITY - The number of dwelling units per acre within a defined and measurable area. DEVELOPED WOODLANDS - Areas one acre or more in size which predominantly contain
trees and natural vegetation, and which also include residential, commercial or industrial structures and uses.

DEVELOPMENT - Activity that materially affects the condition or use of dry land, land under water, or any structure.

DEVELOPMENT or DEVELOPMENT ACTIVITIES - Any construction, modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination thereof, including the
subdivision of land.
DISTRICT - Any section of Greensboro in which the zoning regulations are uniform. DOCUMENTED BREEDING BIRD AREAS - Forested areas where the occurrence of interior-
dwelling birds during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques.

DOG KENNEL, COMMERCIAL - The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding or treatment purposes, except in an animal hospital, dog beauty parlor or pet shop, as permitted by these regulations, or the keeping of five or more dogs, six months or older, for any purpose.

DRAINAGEWAYS - Minor watercourses that are defined by soil type or by the presence of intermittent or perennial streams or by topography that indicates a swale where surface sheet flows join.

DRIVE-IN FACILITY - A facility designed or operated to provide services directly to the occupants of motor vehicles.

DRIVE-IN RESTAURANT - Any place or establishment merchandising or dispensing food or drink at which the customer is served:

a.   While sitting in an automobile or other motor vehicle, or

b.  Through an interior or exterior sales window, counter or serving area, and in which a substantial part of the food or drink merchandised and dispensed has been prepared and
 
packaged so as to facilitate its consumption outside the structure in which the food or drink is dispensed.

DWELLING - A building or portion thereof designed or used exclusively for residential occupancy, but not including trailers, mobile homes, hotels, motels, motor lodges, boarding and lodging houses, tourist courts, or tourist homes.

DWELLING, MULTIPLE-FAMILY - A dwelling containing three or more dwelling units, which may or may not share a common entrance.

DWELLING, ONE-FAMILY - A dwelling containing not more than one dwelling unit. An accessory apartment, if approved as a conditional use, may also be part of a one-family dwelling. A one-family dwelling with this subordinate use is not a two-family dwelling, as defined in this Chapter.

DWELLING, TWO-FAMILY - A dwelling containing not more than two dwelling units arranged one above the other or side by side.

DWELLING UNIT - A room or group of rooms occupied or intended to be occupied as separate living quarters by a single family or other group of persons living together as a household or by a person living alone, including, at a minimum, facilities for cooking, sanitation, and sleeping.

DWELLING UNIT IN THE CRITICAL AREA – A single unit providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life. Dwelling unit includes a living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guest house, or a caretaker residence.

ECOSYSTEM - A more or less self-contained biological community together with the physical environment in which the community's organisms occur.

ENVIRONMENTAL ASSESSMENT - A comprehensive report that describes the natural features and characteristics of a proposed development site, the changes that will occur as the result of proposed development activities on the site, the anticipated environmental impacts and consequences of the proposed development, and mitigation measures to be taken to minimize undesirable impacts to the environment.

EXCESS STORMWATER RUN-OFF - All increases in stormwater resulting from:

a.   An increase in the imperviousness of the site, including all additions to buildings, roads, and parking lots;
 
b.  Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;

c.   Alteration of drainageways, or regrading of slopes;

d.  Destruction of forest; or

e.   Installation of collection systems to intercept street flows or to replace swales or other drainageways.

FAMILY - One or more persons occupying a single dwelling unit and using common cooking facilities; no such family shall contain over five persons unless all members are related by blood or marriage.

FAMILY, IMMEDIATE - Father, mother, son, daughter, grandfather, grandmother, grandson or granddaughter.

FILLING STATION - Any building, structure or land used for the sale, at retail, of motor vehicle fuels, lubricants or accessories or for the servicing of automobiles or repairing of minor parts and accessories in a completely enclosed facility, but not including major repair work, such as motor replacement, body and fender repair, or spray painting.

FISHERIES ACTIVITIES - Commercial, water-dependent fisheries facilities, including structures for the packing, processing, canning or freezing of finfish, crustaceans, mollusks, amphibians, and reptiles, and also including related activities, such as wholesale and retail sales, product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquaculture operations.

FLOOR AREA:
For commercial, business and industrial buildings or buildings containing mixed uses, the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two adjoining buildings, but not including (1) attic space providing headroom of less than seven feet, (2) basement space not used for retailing, (3) uncovered steps or fire escapes, (4) accessory water towers or cooling towers, (5) accessory off-street parking spaces, and (6) accessory off-street loading spaces.
For residential buildings, the sum of the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements and open porches, measured from the exterior faces of the exterior walls.

FOREST - A biological community dominated by trees and other woody plants, covering a land area of one acre or more. This also includes "forests" that have been cut, but not cleared.
 
FOREST INTERIOR DWELLING BIRDS - Species of birds which require relatively large forested tracts to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers).

FOREST MANAGEMENT - The protection, manipulation and utilization of a forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc.

FOREST PRACTICE - The alteration of the forest, either through tree removal or replacement, to improve the timber, wildlife, recreational or water quality values.

GARAGE, PRIVATE - A garage used for storage purposes only and having a capacity of not more than four automobiles.

GRADE - Grade elevation shall be determined by averaging the elevations of the finished ground at all the corners and/or other principal points on the perimeter wall of the building.

GRANDFATHERED - The status accorded certain properties and development activities that are of record prior to the date of adoption of the Zoning Code or provisions of the Zoning Code.

GROUP HOME - A place, home, or institution which is licensed to provide board, shelter, and personal services to persons, regardless of age, who have a need for supervision or assisted community living based on emotional, mental, physical, familial, or social differences. (Examples of such persons include, but shall not be limited to, the mentally retarded, physically handicapped, alcoholics, elderly, drug-dependent, and juveniles under the jurisdiction of the courts, the Department of Social Services, or the Department of Juvenile Justice). Group homes shall not include public or private schools organized and operated under Maryland laws; persons related by blood or marriage within the third degree to the custodial person; or to churches or other religious or public institutional caring for such persons within the building while parents or other custodial persons are attending services, activities, or meetings.

GROWTH ALLOCATION:
An area of land calculated as five percent of the total Resource Conservation Area (excluding tidal wetlands and federally owned land), that the County may convert to more intense management areas to accommodate land development.
An act of the Town Council, which provides for conversion of a property or properties located in a Resource Conservation Area (RCA) and/or the Limited Development Area (LDA) in the Critical Area Overlay District to another land management classification which allows an increase in the permitted density.

GUEST HOUSE -  Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters, and not rented or otherwise used as a separate dwelling.
 

HIGHLY ERODIBLE SOILS - Soils with a slope greater than 15%; or those soils with a K value greater than .35 with slopes greater than 5%.

HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA - An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season.  These areas are historic in the sense that their location is common knowledge and because these areas have been used regularly during recent times.

HOME OCCUPATION - An occupation or business conducted only by members of a family residing on the premises and conducted within the dwelling or an accessory structure, provided that no article or commodity is offered for sale on the premises, and provided that the living quarters occupy at least two-thirds of the entire building area.

HOSPITAL - A building or group of buildings having room facilities for overnight patients, used for providing services for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations.

HOTEL - A building in which lodging or boarding is provided for more than 15 persons, primarily transient, or with more than 10 guest rooms, offered to the public for compensation. Ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public, in contradistinction to a boarding, rooming, or lodging house, or an apartment house, which are herein separately defined. A hotel may include restaurants, taverns, club rooms, public banquet halls, ballrooms, and meeting rooms.

HOUSING FOR THE ELDERLY - A building or buildings containing dwelling units and related service facilities for elderly persons, and which is subject to management or other legal restrictions that require the units in the project to be occupied by households of persons aged 62 or over. Occupancy is restricted as provided in the Conditional Use Article. The use may also include facilities for such occasional services to residents as meal preparation and service, day care, personal care, nursing, or therapy, or any service to the elderly population of the community that
is an ancillary part of one of the above operations.

HYDRIC SOILS - Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils.

HYDROPHYTIC VEGETATION - Those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985) which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats).
 

JUNK - Dilapidated automobiles, trucks, tractors, and other such vehicles and parts thereof; dilapidated wagons, trailers and other kinds of vehicles and parts thereof; scrap building materials, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, hair, mattresses, beds or bedding; or any other kind of scrap or waste material which is stored, kept, handled, or displayed.

JUNKYARD - Any land or building or part thereof used for the abandonment, sale, storage, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, salvaging, or sale of automobiles or other vehicles not in running condition or machinery or parts thereof.

K VALUE - The soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.

LAND-BASED AQUACULTURE - The raising of fish or shellfish in any natural or man-made, enclosed or impounded, water body.

LAND CLEARING - Any activity that removes the vegetative ground cover. LANDFORMS - Features of the earth's surface created by natural causes.
LAUNDROMAT - A business that provides washing, drying and/or ironing machines or dry cleaning machines for hire, to be used by customers on the premises

LOADING SPACE - A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum area of 540 square feet, a minimum width of 12 feet, a minimum depth of 35 feet, and a vertical clearance of at least 14.5 feet.

LOT - A parcel of land which may include one or more platted lots, occupied or intended for occupancy by a use permitted in this Chapter, including one main building, together with its accessory buildings and the yard areas and parking spaces required by this Chapter, and having its principal frontage upon an improved public street or upon an officially approved place (see definition of “place”).

LOT AREA - The total horizontal area within the lot lines of a lot.

LOT, CORNER - A lot abutting upon two or more streets at their intersection.

LOT, COVERAGE - The area of a lot covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.

LOT, DEPTH - The average horizontal distance between the front and rear lot lines.
 

LOT, INTERIOR - A lot other than a corner lot. LOT LINE - The boundary line of a lot.
LOT LINE, FRONT - On an interior lot, the lot line coincident with the street line; or, on a corner lot, the shorter lot line coincident with the street line; or, on a through lot, each lot line coincident with a street line.

LOT LINE, REAR - The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. Where the side lot lines of a lot meet in a point, the rear lot line shall be assumed to be a line not less than ten feet long, lying with the lot and parallel to the front lot line.

LOT LINE, SIDE - Any lot line not a front or rear lot line. On a corner lot, a side lot line may be a street line.

LOT OF RECORD - A lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT, THROUGH - A lot that has a pair of opposite lot lines along two substantially parallel streets, and which is not a corner lot. On a through lot, both street lot lines shall be deemed front lot lines.

LOT WIDTH -The horizontal distance between the side lot lines, measured at the required front yard line.

MARINA - Any facility for the mooring, berthing, storing or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities.

MASSAGE PARLOR - An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical
practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State of Maryland. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

MEAN HIGH WATER LINE - The average level of high tides at a given location.
 
MOBILE HOME - A mobile home is a structure, regardless of size, capable of being transported in one or more sections, built on a chassis designed to accommodate wheels, the principal purpose of which is to provide enclosed space for residential or commercial purposes.

MODULAR OR MANUFACTURED HOME - A structure intended for residential use and manufactured off-site in accordance with the BOCA Basic Building Code.

MOTEL or MOTOR LODGE - A building or buildings in which lodging or boarding and lodging are provided and offered to the public for compensation; same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile. Ingress and egress to rooms need not be through a lobby or office, and parking usually is adjacent to the rooms.

NATURAL FEATURES - Components and processes present in or produced by nature, including but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns,
aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.
NATURAL VEGETATION - Plant communities that develop in the absence of human activities. NATURE -DOMINATED - A condition where landforms or biological communities, or both,
have developed by natural processes in the absence of human activities. NONCONFORMITIES
a.   Nonconforming Lot - A validly recorded lot which, at the time it was recorded, fully complied with all applicable laws and ordinances, but which does not fully comply with the lot requirements of this Chapter concerning density, area, or dimension.

b.  Nonconforming Structure - A structure or building, not including signs, which lawfully existed on the effective date of this Chapter, but which does not comply with one or more of the development standards for the district in which it is located.

c.   Nonconforming Use - A use or activity that was lawful prior to the effective date of this Chapter, but fails to comply with the present requirements of the Chapter.

NONCONFORMING, CONTIGUOUS LOTS - Two or more lots, or combination of lots and portions of lots, with continuous frontage in single ownership and of record at the time of passage or amendment of this Chapter, that, all or in part, do not meet the requirements for lot width and area as established by this Chapter.

NON-POINT SOURCE POLLUTION - Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or groundwater seepage, rather than by deliberate
 
discharge. Non-point source pollution is not generally corrected by "end-of-pipe" treatment, but rather by changes in land management practices.
NON-RENEWABLE RESOURCES - Resources that are not naturally regenerated or renewed. NONTIDAL WETLANDS - An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the “Federal
Manual for Identifying and Delineating Jurisdictional Wetlands,” published in 1989 and as may be amended. Nontidal wetlands do not include “tidal wetlands” regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.

NURSING HOME - Any rest home, convalescent home, or home for the aged and any place devoted primarily to the maintenance and operation of facilities for the treatment and care of any person suffering from illnesses, diseases, deformities, or injuries, not requiring extensive or intensive care that is normally provided in a general hospital or other specialized hospital, but who do require care in excess of room and board and who need medical, nursing, convalescent, or chronic care.

OFFSETS - Structures or actions that compensate for undesirable impacts.

OPEN SPACE - Land and water areas retained in an essentially undeveloped state. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, water courses, and driveways providing access to residential dwellings.

OVERBURDEN - The strata or material in its natural state, before its removal by surface mining, overlying a mineral deposit, or in between mineral deposits.

PAD, DEVELOPMENT - The area of a lot, within a larger overall lot area, that is devoted to structures and septic systems. In general, where a “development pad" is prescribed, the remaining area of the lot must be maintained in natural vegetation.

PALUSTRINE - All non-tidal wetlands dominated by trees, shrubs, persistent emergent plants or emergent mosses or lichens, and all such wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below one-half part per 1,000 parts of water.

PARKING SPACE, OFF-STREET - An all-weather surfaced area not in a street or alley and having an area of not less than two hundred square feet, exclusive of driveways, permanently reserved for the temporary storage of one vehicle, and connected with a street or alley by a paved
 
driveway which affords ingress and egress for a vehicle without requiring another vehicle to be moved.

PATIO - A hard-surfaced, outdoor, uncovered space.

PERFORMANCE STANDARDS -- A minimum requirement or maximum allowable limit on the effects of a use. Such standards are placed on individual uses in addition to the general zoning requirements.

PERSONAL SERVICES - Clothing alteration, interior decorating, watch/jewelry repair, catering, photo studios, shoe repair, travel agent, formal wear/rental, express or mailing offices, barbershops, beauty salons, and similar uses.

PHYSIOGRAPHIC FEATURES - The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.

PLACE - An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

PLANNING COMMISSION -

PORCH - An unenclosed structure with a roof, added to the body of building.

PORT - A facility or area established or designated by the State or local jurisdictions for purposes of waterborne commerce.
PREMISES - A lot, together with all buildings and structures thereon. PRIVATE HARVESTING - The cutting and removal of trees for personal use. PROFESSIONAL SERVICES - The service by members of any profession, including but not
limited to, accountants, architects, chiropractors, doctors, lawyers, dentists, engineers, optometrists, osteopaths, and social workers.

PROJECT APPROVALS - The approval of development, other than development by the State or local government, in the Chesapeake Bay Critical Area by the appropriate local approval
authority. The term includes approval of subdivision plats and site plans; inclusion of areas within floating zones; issuance of variances, special exceptions, and conditional use permits; and issuance of zoning permits. The term does not include building permits.

PUBLIC WATER-ORIENTED RECREATION - Shore-dependent recreation facilities or activities provided by public agencies and which are available to the general public.
 
RECLAMATION - The reasonable rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including waterbodies.
REDEVELOPMENT - The process of developing land which is or has been developed. REFORESTATION - The establishment of a forest through artificial reproduction or natural
regeneration.

RENEWABLE RESOURCE - A resource that can renew or replace itself and, therefore, with proper management, can be harvested indefinitely.

RESTAURANT - An establishment whose principal business is the sale of foods or beverages to the customer in a ready-to-consume state, and whose method of operation includes one or both of the following characteristics:

a.   Customers, normally provided with an individual menu, are served their foods or beverages by a restaurant employee at the same table or counter at which the items are consumed.

b.  A cafeteria-type operation where foods or beverages are consumed within the restaurant building.

This definition does not include food service establishments which include facilities designed for the serving of food directly to the occupants of motor vehicles.

RETAIL STORES - Business establishments dealing in commodities which tend to be purchased on a comparison basis, including apparel and accessories; automobile supplies; business equipment sales and service; china and glassware; commercial art; communications equipment sales and service; draperies, fabrics, and reupholstery; floor covers; furniture; hardware; home appliances and furnishings; luggage and leather goods; musical instruments and supplies; paint and wall covers; party supplies; photographic equipment sales and service; radios, records, and tapes; second-hand merchandise; sporting goods; television and stereo sales and service; and toys and games. Specialty shops which carry only one type of interrelated goods, including book stores, candle shops, cosmetic shops, florist shops, gift shops, hobby and craft supply shops,
import shops, jewelry shops, souvenir shops, stationery shops, tack shops, and tobacco shops, shall also be regulated as retail stores.

ROADSIDE STAND - A temporary structure designed or used for the display and sale of local agricultural products.

ROOMING HOUSE - A building where, for compensation and by prearrangement for definite periods, lodging, meals or lodging and meals are provided for 3 or more persons, but containing no more than 5 guest rooms or rental units.
 

RIPARIAN HABITAT - A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.

SEASONALLY FLOODED WATER REGIME - A condition where surface water is present for extended periods, especially early in the growing season, and when surface water is absent, the water table is often near the land surface.

SELECTION - The removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.

SETBACK - The required horizontal distance between the building line and the related front, side, or rear lot line.

SHORE EROSION CONTROL MEASURES - Any of a number of structural and nonstructural methods or techniques for controlling the erosion of shoreline areas. More specifically the term refers to:

a.   Nonstructural - Creation of an intertidal marsh fringe channelward of the existing bank by one of the following methods.
(1) Vegetation - Planting an existing shore with a wide band of vegetation; (2) Bank Sloping/Vegetation - Sloping and planting a nonwooded bank. to
manage tidal water contact, using structures to contain sloped materials if necessary; or

(3) Contained Beach - Filling alongshore with sand materials, grading and containing the new beach to eliminate tidal water contact with the bank.
b.  Structural:

(1) Revetment - Facing laid on a sloping shore to reduce wave energy and contain shore materials.

(2) Bulkhead - Excluded due to adverse impacts to the near-shore marine environment, except in the following special cases:

a.   Where erosion impact is severe and high bluffs and/or dense woodland preclude land access, bulkheads can be installed by shallow-draft barge and pile driver.

b.  In narrow, man-made lagoons for activities that require frequent interchange between boats and land.
 

SIGN - Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided that the following shall not be included in the application of the regulations herein:

a.   Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises not having commercial connotations.

b.  Flags and insignias of any government, except when displayed in connection with commercial promotion.

c.   Legal notices; identification, information or directional signs erected or required by government bodies.

d.  Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.

e.   Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

SIGNS, NUMBER AND SURFACE AREA OF:

a.   For the purpose of determining "numbers of signs," a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

b.  The "surface area of a sign" shall be computed as including the entire area within a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of "surface area."

SIGN, ON-SITE - A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. "On-site signs” do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business

SIGN, OFF SITE - A sign other than an on-site sign.

SIGNIFICANTLY ERODING AREAS - Areas that erode two feet or more per year.
 
SITE PLAN - A drawing illustrating a proposed development and prepared in accordance with the specifications of Article V of this Chapter.

SOIL CONSERVATION AND WATER QUALITY PLANS - Land-use plans for farms that show farmers how to make the best possible use of their soil and water resources, while protecting and conserving those resources for the future. It is a document containing a map and related plans that indicate:

a.   How the landowner plans to treat a farm unit;

b.  Which Best Management Practices the landowner plans to install to treat undesirable conditions; and

c.   The schedule for applying those Best Management Practices.

SPECIAL EXCEPTION - A use that would not be appropriate generally or without restriction throughout the zone, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zone as "special exceptions" if specific provision for such "special exceptions" is made in this Chapter.

SPECIES IN NEED OF CONSERVATION - Those fish and wildlife whose continued existence as part of the State's resources are in question, and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation, pursuant to the requirements of Natural Resources Article 10-2A-06 and 4-2A-03, Annotated Code of Maryland.

STEEP SLOPES - Slopes with an incline of 15% or greater.

STORY - That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor next above it, then the space between such floor and the ceiling next above it

STORY, HALF - A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished for use. A half-story containing independent apartments for living quarters shall be counted as a full story.

STREET - A public or private thoroughfare which affords the principal means of access to abutting property.

STREET LINE - The right-of-way line of a street.
 
STRUCTURAL ALTERATIONS - Any change in the supporting members of a building, such as footings, bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, except such repair as may be required for the safety of the building.

STRUCTURE - Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, "structures" include buildings, mobile homes, walls, fences, billboards, and poster panels.
SUBDIVISION - The same meaning as set forth in Chapter 135, Subdivision of Land. SWIMMING POOL - Any portable pool or permanent structure containing a body of water
eighteen inches or more in depth and two hundred fifty square feet or more of water surface area, intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool or fish pond or other type of pool located and designed so as not to create a hazard and not to be used for swimming or wading.

THEATER - A building designed or used primarily for the indoor commercial exhibition of motion pictures to the general public or a legitimate theater, including a dinner theater, including only those areas, buildings, or structures designed and used for plays, acts, dramas, or histrionics by actors and actresses performing upon a stage.

THINNING - A forest practice used to accelerate tree growth of quality trees in the shortest interval of time.

TIDAL WETLANDS - State wetlands that are defined as any land under the navigable waters of the State below the mean high waterline, affected by the regular rise and fall of tide, and private wetlands that are defined as any land not considered "State wetlands" bordering on or lying beneath tidal waters, that is subject to regular or periodic tidal action and supports aquatic growth. Private wetlands includes wetlands transferred by the State by a valid grant, lease, patent or grant confirmed by Article 5 of the Declaration of Rights of the Constitution to the extent of the interest transferred. The term "regular or periodic tidal action" means the rise and fall of the sea produced by the attraction of the sun and moon, uninfluenced by the wind or any other circumstance.

TOPOGRAPHY - The existing configuration of the earth's surface, including the relative relief, elevation and position of land features.

TOWNHOUSE - A single-family dwelling forming one of a group of three or more attached single-family dwellings separated from one another by party walls, without doors, windows or other provisions for human passage or visibility through such walls from basement to roof, and having roofs which may extend from one of the dwelling units to another.

TRAILER - Any vehicle or portable structure designed for temporary occupancy or which contains holding tanks for waste disposal or can operate independently of sewer, water, and
 
electrical systems, including travel trailers, pickup campers, bus campers, tent campers, or other temporary vehicles which require installation to utility systems.

TRAILER PARK, TRAILER COURT, or MOBILE HOME PARK - Any site, lot, field or tract of land upon which is located one or more occupied trailers or which is held out for the location of any occupied trailer. The terms shall include any building, structure, vehicle or enclosure for use
as a part of the equipment for such park or court.

TRANSITIONAL HABITAT - A plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.

TRANSPORTATION FACILITIES - anything that is built, installed, or established to provide a means of transport from one place to another.

TRIBUTARY STREAMS - Perennial and intermittent streams in the Critical Area which are so noted on the most recent United States Geological Survey 7 1/2 minute topographic quadrangle maps (scale 1:24,000) or on more detailed maps or studies at the discretion of the Town of Greensboro.

UNWARRANTED HARDSHIP- In the critical area unwarranted hardship means that without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested. This applies to critical area variances only.

UTILITY BUILDINGS - All outdoor structures used for storage and/or recreation over 48 square feet in area.

UTILITY TRANSMISSION FACILITIES - Fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, phone and cable lines, phone transmission towers, water conduits, and sewer lines.

VARIANCE - A relaxation of the terms of this Chapter, where such variance will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Chapter would result in unnecessary and undue hardship. As used in this Chapter, a variance is authorized only for height, area, and size of structure or size of yards and open spaces. The establishment or expansion of a use otherwise prohibited shall not be allowed by "variances" nor shall a "variance" be granted because of the presence of nonconformities in the zone or adjoining zones.

WATER-BASED AQUACULTURE - The raising of fish and shellfish in any natural, open, free- flowing water body.
 
WATER-DEPENDENT FACILITIES - Structures or works associated with industrial, maritime, recreational, educational, or fisheries activities which the Town of Greensboro has determined require location at or near the shoreline, within the buffer.
WATER-USE INDUSTRY - An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.

WATERFOWL - Birds which frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals.

WILDLIFE CORRIDOR - A strip of land having vegetation that provides habitat and safe passage for wildlife.

YARD - Any open space, other than a court, located on the same lot with a building, unoccupied and unobstructed from the ground upward, except for accessory buildings, or such projections as are expressly permitted in this Chapter. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.

YARD, FRONT - A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the main building line. On corner lots, the "front yard" shall be considered as parallel to the street upon which the lot has its least dimension.

YARD, REAR - A yard extending across the rear of the lot between the side lot lines, and measured between the rear lot line and the rear of the main building.

YARD, SIDE - A yard between the main building and the side line of the lot, and extending from the front yard to the rear yard, and being the minimum horizontal distance between the side lot line and side of the main building.

ARTICLE II
Administration, Amendment, and Enforcement

§ 158-20.  Zoning Map.

A.  Official Zoning Map

1.  The incorporated areas of the Town are hereby divided into zones as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Chapter.

2.  The Official Zoning Map shall be identified by the signatures of the Town Council, attested to by the Town Clerk, and shall bear the Seal of the Town under the following
 
words: “This is to certify that this is the Official Zoning Map referred to in Article II of the Zoning Ordinance of the Town of Greensboro, Maryland," together with the date of the adoption of this Chapter.

3.  If, in accordance with the provisions of this Chapter and Article 66B, Title 2, of the Annotated Code of Maryland, changes are made in zone boundaries or other matters portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map promptly after the amendment has been approved by Town Council together with an entry on the Official Zoning Map as follows, "On (date), by official action of the Town Council, the following change(s) were made in the Official Zoning Map: (brief description of nature of change)," which entry shall be signed by the Town Council and attested to by the Town Clerk. The amending Ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the Official Zoning
Map. No amendment to this Chapter which involves information portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said Map.

4.  No changes of any nature shall be made in the Official Zoning Map or information shown thereon except in conformity with the procedures set forth in this Chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Chapter and punishable as provided under § 158-26.

5.  Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the Town Clerk, shall be the final authority on the current zoning status of land and water areas, buildings, and other structures in the Town.

B.  Replacement of Official Zoning Map

1.  In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Town Council may, by resolution, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map.

2.  The new Official Zoning Map shall correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original zoning Ordinance or any subsequent amendment thereof.

3.  The Planning Commission shall certify the accuracy of the new Official Zoning Map prior to its adoption by the Town Council.

C.  Official Critical Area Overlay District Maps
 
Official Critical Area Overlay District Maps shall be prepared and maintained in force as part of the Official Zoning Maps of the Town. They shall delineate the extent of the Critical Area Overlay District (CAO) that shall correspond to the Chesapeake Bay Critical Area.

1.  The Critical Area Overlay District shall include all lands and waters defined in § 8-1807 of the Natural Resources Article of the Annotated Code of Maryland. They include:

a.   All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 9 of the Natural Resources Article of the Annotated Code of Maryland.

b.  All lands and water areas within one thousand feet beyond the landward boundaries of State and private wetlands and the heads of tides designated under Title 9 of the Natural Resources Article of the Annotated Code of Maryland.

c.   Modification to these areas through inclusion or exclusion proposed by the Town of Greensboro and approved by the Critical Area Commission as specified in § 8-1807 of the Natural Resources Article of the Annotated Code of Maryland.

2.  Land use management classifications.

a.   Within the designated Critical Area, all land shall be assigned one of the following land use management classifications.

(1) Intensely Developed Area (IDA). (2) Limited Development Area (LDA). (3) Resource Conservation Area (RCA).
b.  The land use management classification shall be designated in the Town of Greensboro Critical Area Program, as amended. The Critical Area Overlay District Maps may be amended by the Town Council in compliance with amendment provisions in this Chapter, the Maryland Critical Area Law, and Critical Area Criteria.

3.  Changing the Official Critical Area Overlay District Maps. The Town Council may elect to adjust the Critical Area boundary to delete areas of the Town from the Critical Area District. The Town Council may also elect to add areas to the Critical Area. Any adjustments or changes shall be treated as amendments to the Critical Area Overlay
District (CAO) on the Official Critical Area Overlay District Map for the Town of Greensboro, and may be approved only after review and approval by the Critical Area Commission. Procedures and requirements for amending the Critical Area Overlay District Maps are set forth in Article II.
 

D.  Interpretation of boundaries

Where uncertainty exists as to the boundaries of zones as shown on the Official Zoning Map, the following rules shall apply.

1.  Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

2.  Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3.  Boundaries indicated as approximately following Town limits shall be construed as following Town limits.

4.  Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

5.  Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shorelines shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.

6.  Boundaries indicated as parallel to or extensions of features indicated in D.1 through D.5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

7.  Where a lot is divided by one or more zone boundary lines, each of said divisions of the lot shall be subject to the regulations of the District in which it is located.

8.  Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by D.1 through D.5 above, the Board of Appeals shall interpret the zone boundaries.

§ 158-21.  Zoning Administrator; Permit Issuance.

A.  Zoning Administrator

There is hereby established the office of Zoning Administrator. The Zoning Administrator shall administer and cause the enforcement of the provisions of this Chapter.

1.  All departments, officials, and public employees of Greensboro which are vested with the authority to issue permits or licenses shall conform to the provisions of this Chapter, and
 
shall not issue any permit or license for any use, building, structure or purpose which would be in conflict with the provisions of this Chapter.

2.  Any permit or license issued in conflict with the provisions of this Chapter shall be null and void.

3.  The Zoning Administrator or his designee is hereby authorized to enter upon any property in the Town of Greensboro for the purpose of enforcing and implementing this Chapter.

4.  If the Zoning Administrator shall find that any of the provisions of this Chapter are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order:

a.   discontinuance of illegal use of land, buildings, or structures;

b.  removal of illegal buildings or structures or of additions, alterations, or structural changes thereto;

c.   discontinuance of any illegal work being done; and

d.  shall take any other action authorized by this Chapter to ensure compliance with or to prevent violation of its provisions.

B.  Permit Required

No building or other structure shall be erected, moved, added to, or structurally altered or use of land be changed, without an appropriate permit issued by the Zoning Administrator. No permit shall be issued except in conformity with the provisions of this Chapter, except after written order from the Board of Appeals.

C.  Application for Building and Use Permits

1.  All applications for building and use permits shall be accompanied by such information as lawfully may be required by the Zoning Administrator to determine conformance with, and provide for, the enforcement of this Chapter.

2.  The Zoning Administrator shall make all building and use permit applications and their accompanying required information available at the Town Office and shall modify them from time-to-time if there are changes in this Chapter or information requirements.

D.  Occupancy Permits
 
1.  All occupancy permits for new, altered, or nonconforming uses must comply with the
Town's Building Code and Maintenance Code.

2.  It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until an occupancy permit shall have been issued by the Zoning Administrator, stating that the proposed use of the building or land conforms to the requirements of this Chapter.

3.  A temporary occupancy permit may be issued by the Zoning Administrator, for a period not exceeding six months during alterations or partial occupancy of a building, pending its completion, provided that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public.

4.  The Zoning Administrator shall maintain a record of all occupancy permits, and copies shall be furnished upon request to any person. Failure to obtain a zoning occupancy permit shall be a violation of this Chapter and punishable under § 158-26 of this Chapter.

E.  Expiration of Building and Use Permits

1.  If the work described in any building or use permit has not begun within one year from the date of issuance, said certificate shall expire and be canceled by the Zoning Administrator, and written notice shall be given to the persons affected.

2.  If the work described in any building or use permit has not been substantially completed within two years of the date of issuance, unless work is satisfactorily proceeding thereon, said permit shall expire and be canceled by the Zoning Administrator, and written notice shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new permit has been obtained.

F.  Permit Violations and Revocation

1.  Building, use, and occupancy permits issued on the basis of site plans and applications approved by the Town authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction differing from that authorized shall be deemed a violation of this Chapter and shall be punishable as provided by § 158-26 hereof.

2.  All building, use, and occupancy permits shall be revocable, subject to the continued compliance with all requirements and conditions of this Chapter and other applicable laws and regulations.

§158-22.  Planning Commission.
 

A.  Composition, Appointment, and Removal

1.  There is hereby established the Planning Commission of the Town of Greensboro. The Planning Commission shall consist of five members, appointed by the Mayor, and confirmed by the Town Council.

2.  A majority of members shall be residents of Greensboro; the remaining members may be residents of Caroline County who own a business located within the Town of Greensboro.

3.  The term of office of each member is five years; except that the terms of the initial members shall be staggered.

4.  If, prior to the scheduled end of their term of office, a member ceases to be a resident of Greensboro, or, in the case of a business owner, the member ceases to live in Caroline County and/or their business ceases to operate within the Town of Greensboro, that member's seat will become vacant.

5.  Vacancies shall be filled by the Mayor and confirmed by the Town Council, whether for the unexpired term of any member whose seat becomes vacant or for the regularly scheduled end of a member's term of office.

6.  After a public hearing before the Town Council, members may be removed from office for inefficiency, neglect of duty, or malfeasance in office. The Town Council shall provide, in advance of the public hearing, a written statement of reasons for the removal. Notice of the public hearing will be published in a local daily or weekly newspaper at least two weeks prior to the hearing.

B.  Officers

1.  The Planning Commission shall elect at its first meeting in each calendar year a Chairperson and Vice Chairperson from among the appointed members, each to serve for one year or until their successors are elected.

2.  In the event of a vacancy in either of said offices, a successor shall be elected to serve for the unexpired term of the vacated office.

3.  In the absence of the Chairperson, the Vice Chairperson shall serve as Acting Chairperson. C.  General Powers and Duties
The Planning Commission shall have the following powers and duties:
 
1.  To review, evaluate, and approve or disapprove plans for subdivisions, in accordance with this Ordinance and the Greensboro Subdivision Ordinance.

2.  To review and make recommendations to the Greensboro Town Council regarding:

a.   Proposed changes or amendments to the Greensboro Comprehensive Plan, including the Critical Area Overlay District;

b.  Proposed changes or amendments to the Zoning Ordinance;

c.   Proposed zoning and land use map amendments;

d.  Proposed changes or amendments to the Subdivision Ordinance;

e.   Proposed acquisition and development of lands for open space or recreation purposes in the Town of Greensboro;

f.    Proposed changes in land use or development in the Town of Greensboro arising from local, State, or Federal programs or policies;

g.   Such duties as may have been or may be assigned to it under Chapters 135 and 158, Greensboro Town Code;

h.  Such duties as may be or have been assigned to it by §3.01 et. seq., Article 6GB, Annotated Code of Maryland;

i.    Any other matters which the Town Council of Greensboro may ask the Planning
Commission to consider.

3.  To review and make recommendations to the Greensboro Board of Appeals regarding requests for Special Exceptions from the Zoning Ordinance.

D.  Meetings

1.  Meetings of the Planning Commission shall be held once each month or at the call of the
Chairperson, and at such other times as the Planning Commission may determine.

2.  The presence of three members of the Planning Commission Shall constitute a quorum for the conduct of business.

3.  An affirmative vote of a majority of those present shall be required to effect a decision or recommendation of the Planning Commission.
 
E.  Rules of Procedure

1.  The meetings of the Planning Commission shall be open to the public, but the Commission may limit active public participation by resolution.

2.  When appropriate, the Planning Commission may adjourn to Executive Session, but only in accordance with the Open Meetings Act, Title 10, Subtitle 5, “State Government Article,” Annotated Code of Maryland, or corresponding future provision thereof.

3.  All requests for actions or decisions by the Planning Commission on matters within its purview shall be submitted in writing, including the appropriate applications and fees, prior to the monthly meeting of the Commission at which the request will be considered.

4.  At the meeting of the Planning Commission, any interested person shall have the right to submit, in accordance with established rules, oral or written testimony and comment.

5.  The Planning Commission may adopt by resolution additional rules of procedure, provided such rules are consistent with applicable State enabling legislation. Such rules shall be available to the public.

6.  The Planning Commission shall have the authority to directly consult legal counsel, when necessary, before rendering any decision or making any recommendation.

F.  Records

1.  The Planning Commission shall keep minutes of all of its proceedings, which shall contain the names of the members present; a summary of all testimony, comment, or evidence presented; the exhibits presented; and the decision or recommendation of the Commission.

2.  A permanent file of each proceeding, including applications and the minutes, shall be maintained in the Town Office of Greensboro and shall be public record.

§ 158-23.  Board of Appeals.

A.  Board Created; Membership; Alternate Members

1.  The Board of Zoning Appeals is hereby created. The Board shall consist of three members appointed by the Mayor and confirmed by the Town Council, and removable for cause, upon written charges, and after public hearing.

2.  Members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term.
 
3.  The Town Council shall designate one alternate member for the Board of Appeals who may be empowered to sit with the Board in the absence of any member of the Board, and when the alternate is absent the Town Council may designate a temporary alternate.

B.  Proceedings of Board

1.  The Board of Appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Chapter. Meetings shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

2.  The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official actions; all of which shall be a public record and be immediately filed in the Town Office of Greensboro.

C.  Hearings; Appeals; Notice

1.  Appeals to the Board of Appeals concerning interpretation or administration of this Chapter may be taken by any person aggrieved or by any officer or bureau of the governing body of the Town affected by any decision of the Zoning Administrator. Such appeals shall be taken within twenty days of such decision, by filing with the Zoning Administrator and with the Board of Appeals a Notice of Appeal specifying the grounds thereof. The Zoning Administrator shall transmit to the Board all papers constituting the record for the appealed action.

2.  The Board of Appeals shall hold a public hearing within forty-five days from the date of filing of the Notice of Appeal. At least fifteen days' notice of the time and place of such hearing shall be given to the parties in interest and shall be published in a paper of general circulation in the Town and by posting the property. At the hearing any party may appear in person or by agent or attorney. The Board shall then decide the appeal within fifteen days from the time of the hearing.

D.  Stay of Proceedings

An Appeal stays all proceedings in furtherance of the appealed action unless the Zoning Administrator certifies to the Board of Appeals, after the Notice of Appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life
and property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Appeals or by the Circuit Court on application, on notice to the Zoning Administrator, and on due cause shown.
 
E.  Powers and Duties

The Board of Appeals shall have the following powers and duties:

1.  Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this Chapter.

2.  Special Exceptions; conditions governing applications; procedures. To hear and decide only such Special Exceptions as the Board of Appeals is specifically authorized to pass on by the terms of this Chapter; to decide such questions as are involved in determining whether Special Exceptions should be granted; to grant Special Exceptions with such conditions and safeguards as are appropriate under this Chapter; or to deny Special Exceptions when not in harmony with the purpose and intent of this Chapter. A Special Exception shall not be granted by the Board of Appeals unless and until:

a.   A written application for a Special Exception is submitted, indicating the section of this Chapter under which the Special Exception is sought and stating the grounds on which it is requested.

b.  The Planning Commission has reviewed the application and has made a favorable recommendation to the Board.

c.   Notice shall be given at least fifteen days in advance of public hearings. The owner of the property for which Special Exception is sought or his agent shall be notified by mail or hand delivery. Notice of such hearings shall he posted on the property for which the Special Exception is sought and at the Town Hall, and notice shall be published in a newspaper of general circulation in the Town at least fifteen days prior to the public hearing.

d.  A public hearing shall be held. Any party may appear in person or by agent or attorney.

e.   The Board of Appeals shall make a finding that it is empowered under the section of this Chapter described in the application to grant the Special Exception, and that the granting of the Special Exception will not adversely affect the public health, safety, security, morals, or general welfare, or result in dangerous traffic conditions, or jeopardize the lives or property of the people living in the neighborhood.

f.    In granting any Special Exception, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violations of such conditions and safeguards, when made a part of the terms
 
under which the Special Exception is granted, shall be deemed a violation of this Chapter and punishable under § 158-26 of this Chapter. The Board of Appeals shall prescribe a time limit within which the action for which the Special Exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the Special Exception.

3.  Variances; conditions governing applications; procedures. To authorize, upon appeal, in specific cases such variance from the terms of this Chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Chapter would result in unnecessary hardship. A variance from the terms of this Chapter shall not be granted by the Board of Appeals unless and until:

a.   Grounds for variance issuance.

1.  A written application for a variance is submitted demonstrating that:

(a) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zone.

(b) Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of this Chapter.

(c) The special conditions and circumstances do not result from the actions of the applicant.

(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same zone.

2.  No nonconforming use of neighboring lands, structures or buildings in the same zone and no permitted use of lands, structures or buildings in other zones shall be considered grounds for the issuance of a variance.

b.  Notice of public hearing shall be given as in Subsection E.2.c. above.

c.   The public hearing shall be held. Any party may appear in person or by agent or by attorney.

d.  The Board of Appeals shall make findings that the requirements of Subsection
E.3. have been met by the applicant for a variance.
 

e.   The Board of Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of land, building or structure.

f.    The Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

g.   In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Chapter and punishable under § 158-26 of this Chapter.

h.  Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this Chapter in the zone involved or any use expressly or by implication prohibited by the terms of this Chapter in said zone.

4.  Variance from the Critical Area Overlay District provisions.

a.   Applicability. The Town has established provisions where, owing to special features of a site or other circumstances, implementation of this program or a literal enforcement of provisions within the program would result in unwarranted hardship to an applicant, a Critical Area Program variance may be obtained. In considering an application for a variance, the Town shall presume that the specific development activity in the Critical Area that is subject to the application and for which a variance is required does not conform with the general purpose and intent of Natural Resources Article, Title 8, Subtitle 18, COMAR Title 27, and the requirements of the Town’s Critical Area Program. The provisions for granting such a variance shall include evidence submitted by the applicant that the following standards are met:

b.  Standards. The Board of Appeals shall make findings which demonstrate that the variance request meets the following standards:

1.  Special conditions or circumstances exist that are peculiar to the land or structure involved, and that a literal enforcement of provisions and requirements of the Town Critical Area Program would result in unwarranted hardship.
 

2.  A literal interpretation of the provisions of the Critical Area Program and related Ordinances will deprive the applicant of rights commonly enjoyed by other properties in similar areas within the Critical Area.



3.  The granting of a variance will not confer upon an applicant any special privilege that would be denied by the Town Critical Area Program to other lands or structures within the Critical Area.

4.  The variance request is not based upon conditions or circumstances which are the result of actions by the applicant, including the commencement of development activity before an application for a variance has been filed, nor does the request arise from any condition relating to land or building use, either permitted or non-conforming, on any neighboring property.

5.  The granting of a variance shall not adversely affect water quality or adversely impact fish, wildlife or plant habitat within the Critical Area, and the granting of the variance will be in harmony with the general spirit and intent of the Critical Area Act and the Town Critical Area Program.

6.  Applications for a variance will be made in writing to the Town Council of Appeals, with a copy provided to the Critical Area Commission.

c.   Process. After hearing an application for a Critical Area Program Variance, the Board of Appeals shall make written findings reflecting analysis of each standard. The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in paragraph (B) above. The Town shall notify the Critical Area Commission of its findings and decision to grant or deny the variance request.

d.  Appeals. Appeals of decisions concerning the granting or denial of a variance under these regulations shall be taken in accordance with all applicable laws and procedures of the Town for variances. Variance decisions by the Board of Appeals may be appealed to the Circuit Court in accordance with the Maryland Rules of Procedure. Appeals may be taken by any person, firm, corporation or governmental agency aggrieved or adversely affected by any decision made under this section.

e.   Conditions and Mitigation. The Board of Appeals may impose such conditions on the use or development of a property which is granted a variance as it may
 
find reasonable to ensure that the spirit and intent of the Critical Area Program is maintained, including, but not limited to, the following:

1.  Impacts resulting from the granting of the variance shall be mitigated by planting on the site per square foot of the area impacted by the variance request at no less than a two to one basis or as recommended by the Board of Appeals or their designee.

2.  New or expanded structures or impervious surfaces shall be located the greatest possible distance from mean high water, the landward edge of tidal wetlands, tributary streams, nontidal wetlands, and steep slopes.

F.  Findings. Based on competent and substantial evidence, the Town shall make written findings as to whether the applicant has overcome the presumption of nonconformance as established in paragraph (B) above. With due regard for the person’s technical competence, and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by :

a.   The Applicant
b.  The Town or any other Government agency or
c.   Any other person deemed appropriate by the Town.



5.  Decisions of the Board of Appeals.

a.   In exercising the above-mentioned powers, the Board of Appeals may, so long as such action is in conformity with the terms of this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have the powers of the Zoning Administrator.

b.  The concurring vote of the majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter or to effect any variation in the application of this Chapter.

c.   If any application or request is disapproved by the Board, thereafter the Board shall not accept application for substantially the same proposal on the same premises until after one year from the date of such disapproval.

d.  If an appeal to the Board is perfected and the public hearing date set and public notice given, and thereafter the applicant withdraws the appeal, he shall be
 
precluded from filing another application for substantially the same proposal on the same premises for one year from the date of withdrawal.

G.  Appeals from Board

Any person, board, taxpayer, or department of the Town aggrieved by any decision of the Board of Appeals may seek review by the Circuit Court of such decision in the manner provided by the laws of Maryland, and particularly by Article 66B, Title 2, of the Annotated Code of Maryland.

H.  Duties of Town and Courts on Matters of Appeal

1.  It is the intent of this Chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator, and that such questions shall be presented to the Board of Appeals only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the Board of Appeals shall be to the courts, as provided by law and particularly by Article 66B, Title 2, of the Annotated Code of Maryland.

2.  It is further the intent of this Chapter that the duties of the Town Council in connection with this Chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this Article and this Chapter. Under this Chapter, the Town Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Chapter, as provided by law, and of establishing a schedule of fees and charges as stated in
§ 158-25.

§ 158-24.  Amendments.

A.  General procedures

1.  The regulations, restrictions, and boundaries set forth in this Chapter may from time to time be amended, supplemented, changed, or repealed by the Town Council. Any such amendments or changes that relate to the Critical Area Overlay District shall be approved as set forth in the special amendment provisions contained herein.

2.  Any proposed amendment, supplement, or change shall be referred by the Town Council to the Planning Commission for an investigation and recommendation. The Planning Commission shall cause such investigation to be made as it deems necessary, and may require the submission of all pertinent data and information by any person concerned, may hold such public hearings as provided by its own rules, and shall submit its report and recommendations to the Council within a reasonable period of time.
 
3.  After receiving the recommendations of the Planning Commission, the Town Council shall hold a public hearing on the proposed amendment, at which parties in interest and citizens shall have an opportunity to he heard. At least fifteen days notice of the time, place, and nature of such hearing shall be published in a paper of general circulation in the community, and, in the case of a change in classification of a particular piece of property, said property shall be posted.

4.  No change in or departure from the proposed amendment as recommended by the Planning Commission shall be made unless the same is resubmitted to said Planning Commission for its further recommendation. No amendment, supplement, or change shall be made contrary to the recommendations of the Planning Commission except by unanimous vote of the Town Council.

5.  In case, however, of a protest against such change, signed by the owners of twenty percent or more of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred seventy-five feet therefrom, or of those directly opposite thereto extending one hundred seventy-five feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the Town Council

6.  The provisions relative to public hearings and official notice shall apply equally to all changes and amendments.

7.  Whenever a petition requesting an amendment, supplement or change has been denied by the Town Council, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial.

B.  Critical Area Program Amendments

1.  Program amendments. The Town Council may from time to time amend the Town’s Critical Area Program. All such amendments shall also be approved by the Critical Area Commission as established in Section 8-1809 of the Critical Area Act. No such amendment shall be implemented without approval of the Critical Area Commission.
Standards and procedures for Critical Area Commission approval of proposed amendments are set forth in the Critical Area Act Section 8-1809(i) and Section 8-1809(d), respectively. In addition, the Town Council shall review the entire program and propose any necessary amendments as required at least every four years.

2.  Process. When an amendment is requested, the applicant shall submit the amendment to
the Planning Commission for review. Upon completing Findings of Fact, these documents shall be forwarded to the Town Council. The Town Council shall hold a public hearing at which parties of interest and citizens shall have an opportunity to be heard. At least fifteen
 
days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Town. The Town Council shall forward the approved amendment request to the Critical Area Commission for final approval.

3.  Zoning Map amendments. Except for program amendments or program refinements developed during a four-year comprehensive review, a zoning map amendment may only be granted by the Town Council upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a zoning map that meet the following criteria:

a.   Are wholly consistent with the land classifications in the adopted Program; or b.  Propose the use of growth allocation in accordance with the adopted Program.

§ 158-25.  Fees.

A.  Schedule of Fees, Charges,  and Expenses

The Town Council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, use permits, occupancy permits, appeals, variances, special exceptions, amendments and other matters pertaining to this Chapter. The schedule of fees shall be posted in the Town Office and may be altered or amended only by the Town Council, upon recommendation of the Planning Commission.

B.  Payment Required Prior to Issuance

No permit, Special Exception, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full; nor shall any action be taken on proceedings before the Planning Commission or Board of Appeals unless or until preliminary charges and fees have been paid in full.

§ 158-26. Complaints, Violations, and Penalties.

A.  Complaints

1.  Whenever a violation of this Chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Administrator. The Zoning Administrator shall properly record such complaint, immediately investigate and take action thereon, as provided by this Chapter.

2.  The Town of Greensboro, the Board of Appeals, the Planning Commission, the Zoning
Administrator, or any person whose property is affected by any violation of these
 
regulations or any order validly issued hereunder, including abutting or adjacent property owners, whether or not specially damaged, may maintain an action in the Circuit Court for Caroline County for an injunction enjoining the erection, construction, reconstruction, alterations, extensions, enlargement, repair, or use of buildings or other structures and land otherwise than in conformity therewith.

B.  Violations and Penalties

1.  It shall be the duty of the Zoning Administrator to enforce the provisions of this Chapter; and to refuse to issue any permit which would violate the provisions of this Chapter. It shall be the duty of all officers and employees of the Town of Greensboro to assist the enforcing officer by reporting to him any seeming violations of this Chapter.

2.  The Zoning Administrator is authorized and directed to institute any appropriate action to correct violations of this Chapter.

3.  It shall be unlawful to erect, construct, reconstruct, alter, repair, convert, or maintain any structure or sign, or use any property, structure, or sign in violation of any regulations or any provisions of this Chapter or any amendment or supplement lawfully adopted by the Town Council, or to fail to comply with any reasonable requirement or conditions imposed by the Board of Appeals. Any person, firm, corporation, or other legal entity violating any provision of this Chapter, or any amendment thereto, shall be charged with a violation and, upon conviction, shall be fined not less than $100 nor more than $500 for each violation. Each and every day during which such violation occurs or continues may be deemed a separate offense.

4.  A preset fine not to exceed $500 shall be imposed for each violation.

5.  The Zoning Administrator is authorized to treat any violation as a civil zoning violation pursuant to the General Provisions set forth under Section 7.01 of Article 66B of the Annotated Code of Maryland, as may be, from time to time, amended. The Zoning Administrator shall cause to be delivered a citation to the person believed to have committed a civil zoning violation. The citation shall be delivered by registered mail.  A copy of the citation shall be retained by the Zoning Administrator and shall bear certification attesting to the matters set forth. The citation shall contain:

a.   The name and address of the person charged;

b.  The nature of the violation;

c.   The place and time of the violation;

d.  The amount of the fine assessed;
 

e.   The manner, location, and time during which the fine may be paid; and f.    The accused's right to elect to stand trial for the violation.
6.  The cited individual may elect to stand trial for the offense by filing with the Zoning Administrator a written notice of intent to stand trial. The notice to stand trial shall be given at least five days before the date of payment as set forth in the citation. Upon receipt of notice of intent to stand trial, the Zoning Administrator shall forward to the District Court having venue, a copy of the citation and the notice of intent to stand trial. Upon receipt of same, the District Court shall schedule the case for trial and notify the parties involved. All fines, penalties, or forfeitures collected by the Court for zoning violations shall be remitted to the Town of Greensboro.

7.  If a cited party fails to pay the fine by the date of payment set forth in the citation and fails to file for a trial, additional formal notice of the violation shall be sent to the cited party's last known address. If the citation is not satisfied within fifteen days from the date of notice, the cited party is liable for an additional fine not to exceed twice the original fine.
If after thirty-five days the citation is not satisfied, the Zoning Administrator may request adjudication of the case through the Court.

8.  In any proceedings before the District Court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions under Article 23A, Sections [§3(b)(8)] §3(B)(7) through (15) of the Annotated Code of Maryland. The Town of Greensboro may authorize the Town Attorney or the Attorney for the Planning Commission to prosecute any zoning violation.

9.  Adjudication of a violation under paragraphs 3 through 8 of this section is not a criminal conviction nor does it impose any civil disabilities ordinarily imposed by a criminal conviction.

10. If a party is found by the Court to have committed a civil zoning violation, the party shall be liable for the cost of the proceedings in the Court.

ARTICLE  III
PROVISIONS APPLICABLE TO ALL DISTRICTS

§ 158-30.  Applicability of Zone Regulations

The regulations set by this Chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

A.  Conformance Required
 

1.  No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered externally, unless in conformity with all the regulations herein specified for the zone in which it is located.

2.  No building or other structure shall hereafter be erected or altered: to exceed the height; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; or to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this Chapter.

§ 158-31. Height, Area, and Bulk Requirements

A.  Table of Minimum Requirements [Row 2 of Table 1 amended 3/24/04 by Ordinance
2004-O-3]

The following minimum requirements shall be observed, subject to the modifications provided in this Chapter.
 


Table 1: Height, Area, and Bulk Requirements - All Districts

Zone    
Minimum Lot Area (sq. ft.)    
Minimum Area per Dwelling or Family Unit
(sq. ft.)    
Maximum Percentage of Lot
Area that may be covered by buildings    
Minimum Front Yard Depth
(ft.)    
Minimum Side Yard Width (each in ft.)    
Minimum
Rear Yard Depth (ft.)    
Maximum
Height (ft. and stories)

Residential R-1
Single-Family Detached Dwelling    See
§158-32        
30%    
25    
8    
10    
35 or
2 ½
stories

Residential R-2
Two-Family
Dwelling        
6000    
40%    
25    
8    
10    
35 or
2 ½
stories

Residential R-3
Multiple-Family
Dwellings        
2500    
30%    
25    
8    
40    
35 or 3 stories

Light
Commercial LC    
8000        
50%    
25    
8    
10    
35 or 3 stories

Highway
Commercial HC    
10000        
25%    
30    
8    
40    
35 or 3 stories

Central
Commercial CC    
None        
100%    
0    
0    
10    
40 or 3 stories

Industrial LI-1    
20000        
50%    
25    
8    
10    
45 or 3 stories

Industrial LI-2    
40000        
50%    
50    
25    
50    
45 or 3 stories

B.  Structures permitted above height limit

The building height limitations of this Chapter shall not apply to penthouses or roof structures for housing stairways, tanks, ventilating fans or similar equipment required to operate and maintain
the buildings; fire or parapet walls; towers; steeples; flagpoles; silos; smokestacks; masts; tanks; or monuments.
 
§ 158-32. Lot Area Requirements

A.  General

1.  Except as otherwise permitted by this Chapter, not more than one main building used for dwelling purposes shall be permitted on any single lot.

2.  Division of existing buildings, parcels, or lots shall not be permitted if the proposed division would create any buildings or lots which do not comply with the requirements of this Chapter.

3.  No part of a yard or other open space or off-street parking or loading space required around or in connection with any building for the purpose of complying with this Chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

4.  No yard or lot existing at the time of passage of this Chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Chapter shall meet at least the minimum requirements established by this Chapter.

B.  Lot Frontage [Amended 3/24/04 by Ordinance 2004-O-4]

1.  In the R-1 zone, lot width at the building line for lots that are 12,000 square feet or greater in area shall be a minimum of 80 ft. For subdivisions that include a percentage of smaller lots as allowed in §158-32, F., the minimum lot width at the building line for the smaller lots shall be 75 feet.

2.  Except in the R-1 District and the Central Commercial District, any building, structure, or use fronting on a public road shall be located on a lot abutting the street line for at least 65 feet, except as otherwise required by this Chapter. In attached dwelling projects, provided that all buildings are so located as to provide access for servicing, fire protection, and off- street parking, lots may front on open space, courts or group parking areas, and each such attached dwelling unit shall not be required to meet the road frontage standard.

C.  Required Yards

1.  In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Zoning Administrator may waive the requirement for the normal front yard and substitute therefore a special yard requirement, which shall not exceed the average of the yards provided on adjacent lots.
 

2.  In the case of corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

D.  Exceptions and Modifications to Minimum Yard Requirements

The following structures shall be allowed to project into the minimum required front and rear yards not to exceed the following dimensions. Projections into the required side yards are prohibited.

Awnings, canopies, cornices, eaves or other architectural features, 3 ft. Bay windows, balconies, chimneys, porches, or decks, 3 ft.
Open fire escapes or patios (not enclosed), 5 ft. Uncovered stairs or necessary landings, 6 ft.

E.  Reductions in Required yards

1.  Front yard adjustment. The front yard required for a dwelling in any zone which permits dwellings may be reduced in the case where the adjacent dwellings are less than the requirements. Such dwellings may conform to the average of the yards provided on adjacent lots..

2.  Rear yards. No building shall be less than five feet from the rear line. However, where an alley is present, all buildings must be at least ten feet from the rear line.

F.  Lot Area Requirements in the R-1 District [Amended 3/24/04 by Ordinance 2004-O-3]

At least 75% of the lots in a subdivision located in an R-1 District shall be a minimum of 12,000 sq. ft. in lot area. To encourage a mix of lot sizes, the other 25% of the lots my have reduced lot areas to a minimum of 10,000 sq. ft.

§ 158-33.  Lot Improvement Requirements

A.  Orientation of Dwelling on Lot

No owner of a lot in any zone shall be entitled to the issuance of a residential building permit unless the structure is to be built in accordance with the following design features:

1.  An entrance from the outside to the public areas of the structure, such as the living room, family room or dining room, or to an entrance hall or entrance foyer adjoining and leading to such public areas, facing the public street on which the lot fronts; and
 
2.  The first floor of the front of the building is no more than fifty per cent obscured by an automobile garage.

B.  Fences and Walls.

1.  Permit required: No person, firm, association or corporation shall hereafter erect and maintain any wall or fence for any purpose whatsoever without first having obtained permission in writing in the form of a permit from the Town. The application made to the Town shall be in writing on an application form provided by the Town, stating the purpose for which the wall or fence is to be erected. Such application shall be accompanied by a plot plan showing the proposed location thereof, a drawing showing a side elevation, and statement setting forth the length, height, and thickness thereof, together with a description of the material to be used in its construction.

2.  Fee and bond: The applicant for a fence permit shall pay a fee as provided in the list of fees set by the Town and may be required to deposit with the Town Clerk a bond of twenty-five dollars to insure that the fence is constructed in accordance with the approved plans. The bond shall be returned when the Zoning Administrator has certified that the fence complies with the approved plans.

3.  Location: Fences and walls may be located in required yards in accordance with the following:

a.   Front Yards. Walls and fences shall not exceed 30 inches in height above ground elevation.

b.  Rear and Side Yards. Walls and fences shall not exceed 6 feet in height above ground elevation.

c.   Security fences for business, industrial, or institutional uses shall not exceed 8 feet in height above ground elevation unless otherwise necessary to comply with screening requirements.

d.  No fence may be constructed which obstructs clear vision at any intersection, either street or alley.

4.  Fences required in certain cases

a.   Excavation near public streets. Any person, firm, association or corporation owning land within the corporate limits of the Town, upon which land there is any excavation or natural depression contiguous to any public street, sidewalk, road, or highway as a result of which the surface shall be lower than one foot below the grade of the
 
the boundaries of such land, adjacent to said sidewalk, street, road or highway. Such fence shall be constructed to prevent children and other persons from gaining access to said premises in which the excavation or depression is located; shall be four feet in height above the sidewalk, street, road or highway; and shall be of the chain link type or its equivalent.

b.  Abandoned structures. Any firm, person, association or corporation owning land within the corporate limits of the Town, upon which land there exists a wholly or partially complete and abandoned or unoccupied structure, which shall have been abandoned or unoccupied for a period of more than three months, must secure said property in a manner that protects the public health and safety.

c.   All in-ground pools must be fenced in accordance with Town, County and State regulations.

5.  Maintenance and repairs: All fences shall be kept in good repair. The owner or person having control over a premises where a fence is in need of repair shall repair said fence thirty days after receipt of notice from the Zoning Administrator stating the need for such repairs.

6.  Vegetation in the Required Front Yard

No hedge or other vegetation shall be permitted which materially impedes vision across the required front yard between the heights of thirty inches and ten feet.

C.  Visibility at intersections.

On a corner lot in any zone, nothing shall be erected, placed, planted, or allowed to grow in such a manner to materially impede vision between a height of thirty inches and ten feet above the center- line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty feet from the point of the intersection.

§ 158-34.  Temporary Uses. [Amended 11/1/04 by Ordinance 2004-O-27]

1.  Temporary Use Permits other than Storage Units:

A.  The Zoning Administrator may issue a temporary use permit under the following procedures for the following uses: Christmas tree sales; tents/special events; public events.

B.  In deciding whether a permit for a temporary use should be granted, the Administrator shall ensure that:
 
2.  the amount of noise generated shall not disrupt the activities of adjacent land uses; and
3.  the applicants shall guarantee that all litter generated by the event will be removed at no expense to the Town.

C.  The Administrator shall not grant the permit unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic with the rights of adjacent and surrounding property owners.

D.  In cases where he (or she) deems it necessary, the Administrator may require the applicant to hold the Town safe and harmless to ensure compliance with the conditions of the permit.

E.  If the permit applicant requests the Town to provide extraordinary services or equipment or if the Administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Town a fee sufficient to reimburse the Town for the costs of these services.

2.  Storage Unit, Temporary Portable: A temporary portable storage unit means any unit, including. but not limited to, a trailer, box, or other shipping container, which is used as impermanent storage space, whether the unit is located at a facility owned or operated by the owner or lessee or at another location designated by the owner or lessee.

A.  Temporary portable storage units may be located in any zoning district but only as an accessory use to an existing principal structure.

B.  It shall be unlawful for any person to place or permit the placement of a portable storage unit on property which he or she owns, rents, occupies or controls without first obtaining a permit and approval from the Town of Greensboro. The exterior of the storage unit shall have a weatherproof clear pouch, which must display the permit.

C.  A site drawing shall be submitted showing the location on the property where the unit will be placed, size of he unit and distance to all applicable property lines and all other buildings or structures.

D.  No portable storage unit shall remain at a site in excess of thirty (30) consecutive days. No portable storage units shall be placed on any one property in excess of thirty (30) days in a calendar year. In the event of a fire or natural disaster, these limits may be extended by the Zoning Administrator. If an extension is desired for any other reason, approval by the Town Council is required.

§ 158-35. Off-Street Parking and Loading. A. Parking Provided
 
In all zones, space for parking and storage of vehicles shall be provided. An off-street parking space shall comprise no less than one hundred eighty square feet per parking stall plus necessary maneuvering space. Space for maneuvering incidental to parking shall not encroach upon any public way. Every off-street parking space shall be accessible from a public way. Parking areas associated with public, semipublic, commercial, or industrial uses shall have an all-weather surface. Parking spaces shall be provided in accordance with the following schedule.

For uses in the Central Commercial District identified with an asterisk in Table 2, these requirements shall not apply. In no case, shall parking be provided in the Central Commercial District that exceeds these requirements.


Table 2: Off-Street Parking Requirements - All Districts

Use or Use Category    
Parking Spaces Required

Residential Dwelling    
2 per dwelling unit

Housing for the Elderly    
1 per 2 dwelling units

Bed and Breakfast    
1 per sleeping room

Hotel, Motel    
1 per sleeping room plus 1 per two persons permitted in banquet rooms, bars, etc.

Boarding and Lodging House    
1 per sleeping room

Business Office*    
1 space for each 600 square feet of floor area

Financial Institution*    
1 space for each 600 square feet of floor area

Food Service*    
1 per 200 square feet of floor area

Health Service*    
4 per practitioner

Personal Service*    
1 space for each 600 square feet of floor area

Professional Service*    
1 space for each 600 square feet of floor area

Retail Service*    
1 space for each 400 square feet of floor area

Shopping Center    
1 per 250 square feet of gross leasable floor area

Club and Lodge*    
1 per 3 persons rated capacity

House of Worship*    
1 per 4 seats in main auditorium or 1 per 10 classroom seats

Hospital    
1 per 2 patient beds

Funeral Home*    
1 per 100 square feet of viewing area
 


Table 2: Off-Street Parking Requirements - All Districts

Use or Use Category    
Parking Spaces Required

Public Building*    
1 per 250 square feet of floor area or 1 per 4 seats

School: elementary, intermediate, high    
1 per 4 seats in main auditorium or 1 per 10 classroom seats

Rest Home, Nursing Home    
2 per 5 patient beds

Industrial Use    
On site parking for the largest employee shift

B.  Screening and Lighting

Parking areas for more than five vehicles shall be effectively screened on each side by an ornamental wall, fence, or compact evergreen hedge. Such screen shall be not less than four feet or more than six feet in height and shall be maintained in good condition without any advertising thereon. No part of any parking space shall be closer than five feet to any street or property line. Any lighting used to illuminate the parking area shall be so arranged as to direct the light away from adjoining premises in any R District and from public roads.

C.  Application of Standards

The Town recognizes that, due to the particularities of any given development, the inflexible application of the parking standards may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations in adjacent streets, as well as unauthorized parking in nearby private lots. The latter situation wastes money, as well as space, that could more desirably be used for valuable development or environmentally useful open space. Therefore, the Planning Commission may permit deviations from the presumptive requirements and may require more parking or allow less parking, up to a 25% increase or decrease.

D.  Shared Parking

Shared parking areas for non-residential uses are permitted, provided that the shared use is approved by the Planning Commission and the parties concerned with such shared use are subject to a written joint use agreement.

E.  Off-street Loading Spaces.

In all zones except the Central Commercial District, in connection with every building or part thereof having a gross floor area of four thousand square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods displays or sales, mortuary, or other uses similarly
 
requiring the receipt and distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building or use at least one off-street loading space, plus one additional such loading space for each ten thousand square feet of gross floor area or major fraction thereof. Each loading space shall be not less than ten feet in width, forty-five feet in length and fourteen feet in height. Such space may occupy all or any part of any required yard or court, except a front yard. No such space shall be located closer than fifty feet to any lot located in any R District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence not less than six feet in height and not within ten feet of any lot located in any R District.

§158-36. General Sign Regulations.

A.  Statement of Intent

The purpose of this section is to establish minimum regulations for the design and display of signs and to ensure that signage promotes the safety of persons and property, promotes the efficient transfer of general public and commercial information, and protects the public welfare by enhancing the overall appearance and economic value of the community.

B.  Definitions
The purpose of this section is to define certain terms and words pertaining to signs. ABANDONED SIGN - A permitted sign which was erected on property in conjunction with a
particular use which use has been discontinued for a period of thirty days or more, or a permitted
temporary sign for which the permit has expired.

BANNERS, FLAGS, PENNANTS, AND BALLOONS - Any animated, rotating, fluttering, or nonstationary device made of flexible materials and designed to attract attention.

DETACHED SIGN - A sign not attached to or painted on a building, but which is affixed to the ground. A sign attached to a flat surface, such as a fence or wall not a part of a building, shall be considered a detached sign.

DOUBLE-FACED SIGN - A sign with two faces, back to back, which are usually, but not necessarily, parallel, and located not more than 12 inches from each other.

EXISTING SIGN - Any sign that was erected, mounted, or displayed prior to the adoption of this
Chapter.

FACADE - The entire building wall, including parapet, facia, windows, doors, canopy, and roof on any street-facing elevation.
 
FLASHING SIGN - An illuminated sign on which the artificial or reflecting light is not maintained stationary and constant in intensity and color all times when in use. Any sign that revolves or moves shall be considered a flashing sign.

FLAT SIGN - A sign affixed directly to or painted on or otherwise inscribed on an exterior wall and confined within the limits thereof of any building, and which projects from that surface less than 12 inches at all points.

ILLUMINATED SIGN - Any sign designed to give forth artificial light, reflect light from another source, or back-lighted by spot lights or flood lights.

MARQUEE SIGN - Any sign attached to or hung from a marquee. For the purpose of this Article, a marquee is a covered structure projecting from and supported by a building, with an independent roof, and erected over a doorway or doorways.

NONCONFORMING SIGN - Any sign which has a valid permit, was erected or displayed prior to the effective date of this Chapter or any subsequent amendment hereto, and does not conform with the provisions of this Chapter.

PORTABLE SIGN - Any sign which is not permanently affixed to a building, structure, or the ground, or which is attached to a mobile vehicle.

PROJECTING SIGN - A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure. The term projecting sign includes a marquee sign.

SEASONAL/HOLIDAY SIGN - A sign, used for emphasizing the celebration of a local or historic holiday, which is erected for a limited period of time.

SIGN - Any letters, figures, design, symbol, trademark, or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, or merchandise whatsoever for advertising purposes. However, this shall not include any official court or public notices nor the flag, emblem, or insignia of a government, school, or religious group when displayed for official purposes.

SIGN AREA - That area within a line including the outer extremities of letters, fixtures, characters, and delineations, or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign, whether it be columns, a pylon, or a building or part thereof, shall not be included in a computation of sign area. Only one side of a double-faced sign shall be included in a computation of sign area. The area of a cylindrical sign shall be computed by multiplying one-half of the circumference by height of the sign.
 
TEMPORARY SIGN - Any sign or information-transmitting structure intended to be erected or displayed for a limited period.

WINDOW SIGN - Any sign which is painted on, applied to, attached to, or projected upon or within the exterior or interior of a building glass area, including doors, or located within a distance equal to the greatest dimension of the window if obviously intended for viewing from the exterior.

WINDOW SIGN, TEMPORARY - A window sign of a temporary nature used to direct attention to the sale of merchandise, or a change in the status of a business, including, but not limited to, a sign for sales, specials, going out of business, and grand openings.

C.  Requirements

1.  General. No sign shall be erected, hung, placed, or painted in any District except as hereby provided.

a.   No sign shall be erected, hung, affixed, painted, or otherwise displayed or altered unless a permit has been issued by the Zoning Administrator.

b.  Area available for changeable letters shall be limited to 50% of the total sign area.

2.  Nonconforming Signs.

a.   Any sign existing as of the effective date of this Chapter which has a valid permit from the Town, but which does not conform to the provisions of this Chapter, is hereby deemed a nonconforming sign.

b.  A nonconforming sign may be maintained only by painting or refinishing the surface of the sign face or sign structure so as to keep the appearance of the sign as it was when
the prior permit was issued.

c.   Nonconforming signs which are structurally altered, relocated, or replaced shall comply immediately with all provisions of this Chapter.

d.  Upon a determination by the Administrator and notice to the permittee that a nonconforming sign has become dilapidated or structurally unsound, such sign shall be removed within thirty days.

e.   All signs deemed nonconforming shall be removed or replaced with legal signs within two years of the effective date of this Chapter.

3.  Exemptions. The following signs are exempt from the provisions of this Article subject to the following conditions.
 

a.   Public signs of a non-commercial nature and in the public interest, erected by, or on the order of a public official such as safety signs, danger signs, trespassing, traffic, memorial plaques, signs of historic interest, civic events, and the like.

b.  Institutional signs setting forth the name or simple announcement for any public charitable, educational, or religious institution, located entirely on the premises of that institution, up to an area of 15 square feet.

c.   Construction signs which identify the architects, engineers, contractors and other individuals or firms involved in the construction, each limited in area to 6 square feet. The sign shall be confined to the construction site and shall be removed within 14 days of the beginning of the intended use of the project.

D.  Permitted Signs.

1.  The following unlighted signs are permitted in any district:

a.   One name plate, limited in area to 2 square feet, to identify the owner or occupant of a dwelling or property.
b.  One sign, limited in area to 2 square feet, to identify a permitted home occupation. c.   No Trespassing or No Hunting signs, without limitation on number or placement,
limited in area to 2 square feet.

d.  Directional signs, limited in area to 2 square feet.

e.   One sign, limited in area to 20 square feet, to identify a farm, approved subdivision, or apartment structure.

f.    Temporary signs advertising the sale or lease of property, limited to 6 square feet per sign face.

2.  The following signs and amounts of signage are permitted in the Light Commercial
District:

a.   Flat, projecting, and detached signs whose total combined square footage may not exceed 10 percent of the square footage of the street-facing facade of the building housing the establishment, with a maximum combined sign square footage of 50 sq. ft.

b.  One detached sign is allowed per business establishment on the premises. The sign shall be erected so as not to obstruct driver vision or safety nor interfere with the
 
passage of pedestrians. The lower portion of the outer framework of the sign shall be within 24" of the ground elevation. The upper portion of the outer framework of the sign shall not be higher than 8' above the ground elevation.

c.   The square footage of illuminated signs shall be multiplied by 1.5 when calculating against the total area allowed per building.

3.  The following signs and amounts of signage are permitted in the Highway Commercial
District:

a.   Flat, projecting, and detached signs whose total combined square footage may not exceed 10 percent of the square footage of the street-facing facade of the building housing the establishment, with a maximum combined sign square footage of 100 sq. ft.

b.  One detached sign is allowed per business establishment on the premises. The sign shall be erected so as not to obstruct driver vision or safety nor interfere with the passage of pedestrians. The upper portion of the outer framework of the sign shall not be higher than 15' above the ground elevation.

c.   The square footage of illuminated signs shall be multiplied by 1.5 when calculating against the total area allowed per building.

4.  The following signs and amounts of signage are permitted in the Central Commercial
District:

a.   Flat, projecting, and detached signs whose total combined square footage may not exceed 10 percent of the square footage of the street-facing facade of the building housing the establishment, with a maximum combined sign square footage of 50 sq. ft.

b.  The square footage of illuminated signs shall be multiplied by 1.5 when calculating against the total area allowed per building.

5.  The following signs and amounts of signage are permitted in the Light Industrial District:

a.   Flat, projecting, and detached signs whose total combined square footage may not exceed 10 percent of the square footage of the street-facing facade of the building housing the establishment, with a maximum combined sign square footage of 50 sq. ft.

b.  One detached sign is allowed per business establishment on the premises. The sign shall be erected so as not to obstruct driver vision or safety nor interfere with the passage of pedestrians. The lower portion of the outer framework of the sign shall be
 
within 24" of the ground elevation. The upper portion of the outer framework of the sign shall not be higher than 8' above the ground elevation.

c.   The square footage of illuminated signs shall be multiplied by 1.5 when calculating against the total area allowed per building.

6.  The following signs and amounts of signage are permitted in the Medium Industrial
District:

a.   Flat, projecting, and detached signs whose total combined square footage may not exceed 1.5 square feet in area for each 10 linear feet of street frontage, with a maximum combined sign square footage of 200 sq. ft.

b.  The square footage of illuminated signs shall be multiplied by 1.5 when calculating against the total area allowed.

E.  Temporary Signs

1.  The following types of signs are classified as “temporary signs.” The total area of temporary signs shall not exceed 15 square feet, except for real estate signs which shall not exceed 6 square feet per sign face.

a.   Special event and holiday signs.

b.  “Grand opening,” “going out of business,” and “sale” signs for businesses and services. c.   Signs for work under construction.
d.  Signs announcing the subdivision or development of land.

e.   Signs advertising the sale or lease of property upon which they are located.

2.  Time Limits.

a.   Special event signs (including street banners) may be erected 7 days preceding a special event and shall be removed within 24 hours following the event. The same or similar special event shall not be advertised more frequently than 4 times per year.

b.  “Grand opening” signs may be erected for a period not to exceed 14 days.

c.   “Going out of business” signs may be erected for a period not to exceed 30 days.
 
d.  “Sale” signs may be erected for a period not to exceed 7 days. “Sale” events shall not be advertised more frequently than 6 times per year.

e.   Signs for work under construction may be erected upon the issuance of a building permit and shall be removed within 7 days following the issuance of an occupancy permit.

f.    Signs announcing the subdivision or development of land may be erected on the land being developed for a period not to exceed six months. One three month extension may be granted by the Administrator with good cause shown.

g.   Signs advertising the sale or lease of property shall be removed at the completion of the transaction advertised.

3.  Permits Required. A temporary sign is subject to the permit requirements of this Article, except that the Zoning Administrator may permit the following normally prohibited signs as part of special event and holiday signage or “Grand opening,” “going out of business,” and “sale” signs for businesses and services: signs which contain or consist of pennants, ribbons, streamers, strings of light bulbs, spinners, or other moving devices; signs which contain any moving, flashing, animated lights, visible moving or movable parts, or giving the appearance of animation; portable signs; and inflatable signs

F.  Prohibited Signs

The following permanent signs are prohibited in all districts:

1.  Signs that are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal.

2.  Signs advertising an activity, business, product, or service no longer conducted on the premises.

3.  Signs which contain or consist of pennants, ribbons, streamers, strings of light bulbs, spinners, or other moving devices.

4.  Flashing signs or exposed neon tubing.

5.  Roof signs and signs fastened to, or supported by, the roof of a building.

6.  Outdoor advertising structures, poster panels, or billboards, or signs of any other type which advertise products or services not available on the premises.
 
7.  A sign which contains any moving, flashing, or animated lights; visible moving or movable parts; or giving the appearance of animation.

8.  Any sign or sign structure, of which any portion extends above the parapet, building roof line at the soffet, or canopy against which the sign is located.

9.  Except as otherwise provided, no sign, whether temporary or permanent, except by a public agency, is permitted within any street or street right-of-way.

10. Signs painted on or attached to trees, fenceposts, rocks or other natural features, telephone, or utility poles.

11. Portable signs.

12. Inflatable signs. G.  Illumination
1.  The light from any illuminated sign shall be so shaded, shielded, or directed that the light intensity or brightness will not be objectionable to the surrounding area.

2.  No sign shall have blinking, flashing, or fluttering lights or other illuminating device which has a changing light intensity, brightness, or color. Beacon lights are not permitted.

3.  No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

4.  Neither the direct, nor reflected light from primary light sources, shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

5.  No exposed reflective type bulbs or incandescent lamp which exceeds 15 watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light, or lamp to any public street or adjacent property.

H.  Enforcement

1.  Inspection, Removal, and Safety

a.   Signs for which a permit is required may be inspected periodically by the Zoning
Administrator for compliance with this and other codes of the Town.

b.  All signs and components thereof shall be kept in good repair and in safe, neat, clean, and attractive condition.
 

c.   A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no long conducted on the premises. If the owner or lessee fails to remove it, the Zoning Administrator shall give the owner 15 days written notice to remove it. Upon failure to comply with this notice, the Zoning Administrator or his duly authorized representative may remove the sign at cost to the owner.

d.  When a successor to a defunct business agrees to maintain the signs as provided in this code, this removal requirement shall not apply.

2.  Enforcement and Penalties

a.   The Zoning Administrator and duly authorized staff shall have the authority to issue a sign violation notice and shall be empowered to enter upon the premises of any person subject to this Article for the purpose of enforcing the provisions herein.

b.  The Zoning Administrator may order the removal of any sign erected or maintained in violation of this code. He shall give 30 days notice in writing to the owner of such signs, or of the building, structure, or premises on which such sign is located, to
remove the sign or to bring it into compliance. Upon failure to comply with this notice, the Zoning Administrator or duly authorized representative may remove the sign at
cost to the owner. The Zoning Administrator may remove a sign immediately and without notice if, in his opinion, the condition of the sign is such as to present an immediate threat to the safety of the public.

c.   Penalties for violations of the provisions of this Article are contained in Article II of this Chapter.

§158-37.  Nonconforming Uses, Lots, and Structures.

Any use of land or building actually existing at the time of the passage of this Chapter and which does not conform with the requirements of regulations of the district in which it is located shall be known as a nonconforming use.

It is the long-range intent of this Chapter not to encourage the survival of nonconforming uses. Such uses are declared by this Chapter to be incompatible with permitted uses in the zones involved.

If, within the zoning districts established by this Chapter or amendments subsequently adopted, there exist uses of land, lots, or structures which were lawful prior to enactment of this Chapter or subsequent amendments, and which would not conform to regulations and restrictions under the terms of this Chapter or amendments thereto, or which could not be built or used under this
 
Chapter, such nonconformities may continue to exist subject to the regulations contained in this section.

A.  Existence of a Nonconforming Use, Lot, or Structure

1.  Whether a nonconforming use, lot, or structure exists shall be a question of fact and shall be decided by the Board of Appeals after public notice and hearing and in accordance with the rules of the Board. Those nonconforming uses in existence prior to October 14, 1974 , are hereby validated, albeit the nonconforming use failed to obtain certification from the Administrator.

2.  To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Chapter and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner, except that where removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

B.  Nonconforming Uses

1.  Continuance. Any lawful use of land existing on the effective date of this Chapter, although such use does not conform to the regulations specified for the district in which such land is located, may be continued, provided that, if any use ceases, the subsequent use of such land shall be in conformity with the regulations specified for the district in which such land is located.

2.  Restoration after Damage or Reconstruction. Nothing in these regulations shall prevent the continuance of a use or the reconstruction of a structure, occupied by a lawful nonconforming use, destroyed by fire, explosion, act of God, or act of the public enemy, as it existed at the time of such destruction provided that a permit is obtained and reconstruction begun within six months after the occurrence and substantially completed within twelve months, unless an extension is granted by the Board of Appeals.

3.  Discontinuance of Nonconforming Use. No building or portion thereof, used in whole or in part for a nonconforming use, which remains idle or unused for a continuous period of one year, whether or not the equipment or fixtures are removed, shall not again be used except in conformity with the regulations of the district in which such building or land is located.
 
4.  Intermittent Use. The casual, intermittent, illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

5.  Extension.

a.   A nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the effective date of this Chapter, provided that no structural alterations are made, except as required by law.

b.  A building devoted to a nonconforming use may be completed or extended, and other buildings may be erected in addition thereto, for uses necessary and incidental to the continuation of the existing use, provided that:

(1) Such additions and extensions are located on the same premises or on adjoining premises that were under the same ownership on the date such building became nonconforming;

(2) Provided that the floor areas of all such additions and extensions shall not exceed, in the aggregate, 35% of the floor area of the building devoted to a nonconforming use at the date of its initial nonconformity; and

(3) The extension or completion of a building or the construction of additional buildings as herein provided shall not be deemed to extend or otherwise affect the date when such nonconforming use of a building must be changed or removed if subject to any of the provisions of this Article.

C. Nonconforming Lots

1.  The lot area, width, and yard requirements of this Chapter shall not preclude the construction of a principle use and customary accessory buildings on any lot of record as of the effective date of this Chapter, provided all other applicable requirements are met. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. Such lot may be developed following review and approval by the Planning Commission, following notification of adjoining property owners.

2.  Any dwelling lawfully existing at the time of enactment of this Chapter located, on a lot having less road frontage or lot area than required herein, may be continued and may be enlarged, without increasing the number of dwelling units therein, provided that no such addition shall extend closer to any lot line than the existing building or the required yard dimensions for the district, whichever is less.
 
3.  In any residential zone, if two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this Chapter, the land involved shall be considered to be an
undivided parcel for the purposes of this Chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this Chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this Chapter.

4.  Nonconforming lots in Critical Area. An individual lot or parcel of land located within the Town of Greensboro Critical Area Overlay District (CAO) may be improved with a single- family dwelling and related accessory uses in a Resource Conservation Area (RCA) and otherwise developed in accordance with § 158-49 in a Limited Development Area (LDA) and an Intensely Developed Area (IDA), provided that they comply with the provisions for buffer exemption areas, and further provided that they comply with the following criteria:

a.   Any legally buildable single lot or parcel of record established in the Town of Greensboro prior to June 13,1990, may be improved or developed with a single-family residence.

b.  Any lot on which development activity has legally progressed to the point of pouring foundation footing or installation of structural members prior to adoption of the Town of Greensboro Critical Area Program will be permitted to complete constriction as per existing development approvals (e.g., building permit).

c.   Development may take place on lots created prior to June 1, 1984, subject to the limitations on permitted uses contained in Article II and subject to the provisions of
§158-37. However, any development of such lands must comply insofar as possible with the Critical Area criteria if the development occurs between December I, 1985, and the time the local program is approved. Development after June 13, 1990, on land subdivided prior to June 1, 1984, must comply with the use provisions of Article II and the provisions of § 158-37.

d.  Development may take place on lots subdivided between June 1, 1984, and December
1, 1985, for which interim findings (Critical Area Law, § 8-1813, of the Annotated Code of Maryland) have been made by the Town of Greensboro Planning Commission, the Town Council of Appeals, or the Town Council.

D.  Nonconforming Structures

1.  Continuance. A lawful nonconforming structure existing on the effective date of this Article, may be continued, repaired, maintained or altered, subject to the provisions of this section.
 

2.  Ordinary Repair and Maintenance

a.   The normal maintenance and repair or the replacement, installation, or relocation of non-bearing partitions, fixtures, wiring, or plumbing may be performed on any structure that is devoted in whole or in part to the nonconforming use or structure. Neither this nor any other provision of this section shall be interpreted to authorize any increase in the size or degree of the nonconforming use or structure in violation of the provisions of any other subsection of this section.

b.  Nothing in this section shall be deemed to prevent the strengthening or restoring of a structure to a safe condition by order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.

3.  Additions or Enlargements to Nonconforming Structures.

a.   A lawful nonconforming structure may be altered or enlarged if the addition satisfies one or more of the following conditions:

(1) The proposed addition, when considered independently of the existing structure, complies with the standards and regulations of this Chapter.

(2) The nonconforming building is not expanded beyond its current footprint, including adjoining patios, driveways, and sidewalks. Impervious surfaces on the site are not increased as a result of the addition. The building, after the addition, conforms to the height regulations applicable to its zoning district.

(3) Moving of Nonconforming Structures. A lawful nonconforming building or structure shall not be moved in whole or in part to another location on its lot unless every part of the structure conforms to all site development regulations of the applicable zoning district.

(4) Repair of Nonconforming Structures. Nothing in these regulations shall prevent the repair or reconstruction of a lawful nonconforming building damaged by fire, explosion, act of God, or act of the public enemy, provided that the degree of nonconformity is not increased, that a permit is obtained, and reconstruction begun within six months after the occurrence, and substantially completed within twelve months, unless an extension is granted by the Board of Appeals.

E.  Nonconforming Signs

Refer to §158-36 General Sign Regulations of this Chapter.
 

ARTICLE IV Zone Regulations

§ 158-40.  Principal Permitted Uses by Zoning Districts

A.  Table of Permitted Uses

Table 3 specifies the principal permitted uses in each Zoning District. Only those uses with a letter designation are permitted, subject to other requirements of this Chapter. Uses designated as P are permitted uses. Uses designated as PS are permitted pursuant to the Performance Standards of Article VI. Uses designated as SE are Special Exceptions, subject to approval by the Board of Appeals. A blank cell indicates that the use is not permitted.



Table 3: Principal Permitted  Uses by Districts

USE CLASSIFICATION    
ZONING DISTRICTS
    
R-1    
R-2    
R-3    
LC    
HC    
CC    
I-1    
I-2    
FCD
RESIDENTIAL    

Accessory Apartment    
PS    
PS    
P    
P        
PS            

Dwelling, one-family    
P    
P    
P    
P        
P    
P        

Dwelling, two-family        
P    
P    
P        
P    
P        

Dwelling, multiple-family            
P    
P        
PS    
P        

Dwelling Unit in Conjunction with a Business Use                
PS    
PS    
PS            

Planned Residential Development    
PS    
PS    
PS                        

TRANSIENT HOUSING

Apartment Hotel            
SE    
SE    
P    
PS    
P        

Bed and Breakfast lodging with 1 to 3 guest rooms    
PS    
PS    
PS    
PS        
PS            

Bed and Breakfast lodging with 4 to 6 guest rooms        
PS    
PS    
PS        
PS            

Boardinghouse            
PS    
PS    
PS    
PS    
PS        

Group residence for not more than 8 elderly persons    
PS    
PS    
P    
PS        
PS            

Group residence for 9 to 14 elderly persons            
PS    
PS        
PS            

Group residence (non-elderly) for not more than 8 persons    
PS    
PS    
PS    
PS        
PS            
 


Table 3: Principal Permitted  Uses by Districts (Continued)

USE CLASSIFICATION    
ZONING DISTRICTS
    
R-1    
R-2    
R-3    
LC    
HC    
CC    
I-1    
I-2    
FCD

TRANSIENT HOUSING (Continued)

Hospice  care facility    
SE    
SE    
SE    
SE    
P    
P    
P        

Hotel                    
PS    
PS            

Motel                    
PS                

Nursing  Home            
P    
P    
P    
P    
PS        

MOTOR VEHICLE AND RELATED SERVICES

Automobile filling station                
SE    
P    
P    
P    
P    
PS

Automobile parts, supplies and tire stores                
P    
P    
P    
P    
P    

Automobile parts, supplies and tire stores with no on- site service or repair and with no outside  storage of vehicles,  tires, equipment or supplies                                    
P

Automobile repairs and service                
P    
P    
P    
P    
P    

Automobile sales, indoor                
PS    
P    
P    
P    
P    

Automobile Sales, outdoors                
PS    
P        
P    
P    

Automobile storage lots                            
P    
P    

Automobile, truck and trailer rental                    
P            
P    

Automotive Recycler                            
P        

Car wash                
SE    
P    
SE    
SE    
P    
PS

Commercial vehicle  and equipment storage                    
P            
P    

Commercial vehicle, construction, and industrial equipment, sales and service                    
P            
P    

Farm implement sales, service, rental and repair, but not salvage or junk.                    
P    
SE    
SE    
P    

Mobile homes and trailer  sales                    
P            
P    

Junk yard                                
SE    
 


Table 3: Principal Permitted  Uses by Districts (Continued)

USE CLASSIFICATION    
ZONING DISTRICTS
    
R-1    
R-2    
R-3    
LC    
HC    
CC    
I-1    
I-2    
FCD

INSTITUTIONAL

Cemetery    
SE            
SE                    

Church,  memorial garden, convent,  monastery and other places of worship    
SE    
SE    
P    
P    
P    
P            
P

Community center            
SE    
SE    
SE    
SE            
PS

Fire station    
SE    
SE    
SE    
P    
P    
P    
P    
P    
P

Hospital                    
SE            
SE    

Libraries and museums    
PS    
PS    
P    
P    
P    
P    
P        
P

Parks and playgrounds, publicly owned    
PS    
PS    
PS    
PS    
PS    
PS    
PS    
PS    
P

Publicly owned or publicly operated  uses    
SE    
SE    
SE    
P    
P    
P    
P    
P    
P

Schools,  including trade, artistic or technical schools, and colleges,  public  and private    
SE    
SE    
SE    
SE    
SE    
SE    
SE    
SE    
PS

SERVICES

Business Services  (see definition)                    
PS    
PS        
PS    
P

Construction Services  (see definition)                    
PS            
PS    

Personal Services  (see definition)            
PS    
PS    
PS    
PS    
PS        
P

Professional Services  (see definition)            
PS    
PS    
PS    
PS            
P

Appliance repair shop                
P    
P    
P    
P    
P    
P

Banks and financial institutions                
P    
P    
P    
P        
P

Clinic,  for no more than 4 medical  practitioners        
PS    
PS    
P    
P    
P    
P        
P

Clinic  for more than 4 medical practitioners                
P    
P    
P            
P

Day care facility B up to 6 children    
PS    
PS    
P    
PS        
PS            

"  "    "    7 -12 children    
PS    
PS    
P    
PS        
PS            

"  "    "    13 or more children        
PS    
P    
PS        
PS            
P

 

Table 3: Principal Permitted  Uses by Districts (Continued)

USE CLASSIFICATION    
ZONING DISTRICTS
    
R-1    
R-2    
R-3    
LC    
HC    
CC    
I-1    
I-2    
FCD

SERVICES (Continued)

Day care, elderly,  for not more than 4 individuals    
PS    
P    
P    
P    
PS                

Day care, elderly,  for more than 4 individuals        
PS    
PS    
P    
PS    
P            
P

Dry cleaning and laundry  establishments                
P    
P    
P    
P    
P    
P

Funeral parlor  or undertaking establishment            
SE    
P    
P    
P    
P        

Health practitioners office    
PS    
PS    
P    
P    
P    
P            
P

Home occupation    
SE    
P    
P    
P                    

Hospital, veterinary            
SE    
P    
P    
P    
P        
PS

Landscape contractor        
SE    
SE    
SE    
P        
P    
P    

Laundromats, self-service                
P    
P    
P    
P        
P

Offices,  professional                
P    
P    
P    
P        
P

Office, business, general, real estate                
P    
P    
P    
P    
P    
P

Outdoor  storage                    
P        
P    
P    

Sign painting shop                
SE    
P    
SE    
P    
P    

Self storage service, wholly  enclosed            
SE        
P        
P    
P    

CULTURAL, ENTERTAINMENT & RECREATIONAL

Commercial amusement and recreation (see definition)                    
P    
P            
P

Amusement center                
SE    
P    
SE    
SE        

Baseball driving range                
SE    
P        
SE        

Bowling alley                
P    
P        
P        
P

Conference  center                    
P    
SE    
P    
SE    

Fairgrounds, circuses, and amusement parks                    
P                

Golf courses  and country clubs                    
P                

Golf course, miniature                    
P                

Golf driving range                    
P        
P        
 


Table 3: Principal Permitted  Uses by Districts (Continued)

USE CLASSIFICATION    
ZONING DISTRICTS
    
R-1    
R-2    
R-3    
LC    
HC    
CC    
I-1    
I-2    
FCD

CULTURAL, ENTERTAINMENT & RECREATIONAL (Continued)

Health club    
SE    
SE    
SE    
SE    
P    
P    
P    
SE    
P

Public  and private  boat landing  area    
SE    
SE    
SE                        

Private clubs and service  organizations            
SE    
PS    
PS    
PS            
PS

Racquet ball, squash, indoor  tennis  and handball  courts, commercial            
SE    
P    
P    
P    
P        

Recreational facilities primarily for the use of guests  or employees    
SE    
SE    
SE    
P    
P        
P    
SE    

Recreational facilities primarily for the use of residents    
SE    
SE    
SE    
SE                    

Rifle or pistol  range, indoor                
SE    
P    
SE            

Roller and ice skating rinks                
SE    
P        
P        
P

Swimming pool, commercial                    
P                

Swimming pool, community    
SE    
SE    
SE    
SE    
SE                
P

Swimming pool, private    
P    
SE    
SE    
SE    
SE                

Theater, indoor                
P    
P    
P    
P        
P

RETAIL TRADE

Retail stores  (see definition)                
PS    
PS    
PS    
PS        
P

Antique  shop            
SE    
P    
P    
P    
P    
P    
P

Boat sales, indoor                
P    
P        
P    
P    
P

Boat sales, outdoor                
P    
P            
P    

Bookstore            
SE    
P    
P    
P    
P        
P

Building materials  and supplies, including hardware                
SE    
P    
SE    
P    
P    
P

Convenience food and beverage        
SE    
SE    
P    
P    
P    
P    
SE    
P

Country  inn                
P    
P    
P            

Delicatessen        
SE    
SE    
P    
P    
P    
P    
SE    
P

 

Table 3: Principal Permitted  Uses by Districts (Continued)

USE CLASSIFICATION    
ZONING DISTRICTS
    
R-1    
R-2    
R-3    
LC    
HC    
CC    
I-1    
I-2    
FCD

RETAIL TRADE (Continued)

Department  store                
P    
P    
P    
P        
P

Stand-alone  Drugstore            
SE    
P    
P    
P    
P        

Eating and drinking establishment, excluding drive-ins                
P    
P    
P    
P    
SE    
P

Eating and drinking establishments, including drive-ins                
SE    
P    
SE            
P

Food service including bakery, bake shop, candy store, catering  establishment, cooking school,  and ice cream store            
SE    
P    
P    
P    
P    
SE    
P

Garden supply  shop                
P    
P    
P    
P    
SE    
P

Gift shop            
SE    
P    
P    
P    
P        
P

Liquor  store                    
PS    
PS            
P

Lumberyard                    
P        
P    
P    

Pet shop                
P    
P    
P    
P        
P

Printing and publishing                    
P    
P    
P    
P    

Shopping center                    
PS                

Supermarket under 2000 sq. ft.                
P    
P    
P            
P

Supermarket over 2000 sq. ft.                    
P    
P            
P
INDUSTRIAL

Baker                                
P    

Blacksmith shops, welding shops,  ornamental iron works,  and machinery shops, excluding drop hammers and punch presses  over 20 tons rated capacity                                
P    

Bottling plant                                
P    

Confectionary production                                
P    

Contractor’s storage yard                                
P    
 


Table 3: Principal Permitted  Uses by Districts (Continued)

USE CLASSIFICATION    
ZONING DISTRICTS
    
R-1    
R-2    
R-3    
LC    
HC    
CC    
I-1    
I-2    
FCD

INDUSTRIAL (Continued)

Dry cleaning  plants occupying not more than five thousand (5,000) square feet of floor area and using no cleaning  fluid whose base is petroleum or one of its derivatives                                

P    

Electroplating and manufacturing of small parts such as coils,  condensers, transformers and crystal  holders                    
PS        
PS    
P    

Food production, packaging, packing and canning                    
PS        
PS    
P    

Ice manufacturing and storage                                
P    

Laboratories                    
P        
P    
P    

Laundry plants  and dry-cleaning establishments (combined operation) occupying not more than five thousand (5,000) square feet of floor area and using no cleaning  fluid whose base is petroleum or one of its derivatives                                


P    

Manufacturing of light sheet metal products                    
PS        
PS    
P    

Manufacturing, compounding, assembling or treatment of articles  from the following previously prepared materials: bone, cellophane, plastic,  canvas, cloth, cork, feathers, felt, fiber, fur, hair, horn, leather, textiles,
yarns, glass, precious or semi-precious metals or
stones, and tobacco                    


PS        


PS    


P    

Manufacturing, compounding, processing or packaging of cosmetics, drugs,  perfumes, pharmaceuticals, toiletries and products resulting from biotechnical and biogenetic research and development                    

PS        

PS    

P    

Manufacturing, fabrication and/or subassembly of aircraft  or satellite parts, components, and equipment                    
PS        
PS    
P    

Manufacturing of musical  instruments, toys, novelties, and rubber and metal stamps                
PS    
PS        
PS    
P    

Manufacturing of pottery and figurines or other products using previously pulverized clay and kilns fired only by electricity or gas                    
PS        
PS    
P    

Manufacturing and assembly  of electronic components, instruments, and devices                    
PS        
PS    
P    

 

Table 3: Principal Permitted  Uses by Districts (Continued)

USE CLASSIFICATION    
ZONING DISTRICTS
    
R-1    
R-2    
R-3    
LC    
HC    
CC    
I-1    
I-2    
FCD

INDUSTRIAL (Continued)

Manufacturing and assembly  of machine  parts, components, and equipment                    
PS        
PS    
P    

Manufacturing and assembly  of medical, scientific or technical instruments, devices and equipment                    
PS        
PS    
P    

Manufacturing and assembly  of mobile,  modular, and manufactured homes                            
P        

Manufacturing and assembly  of semi-conductors, microchips, circuits, and circuit boards                    
PS        
PS    
P    

Manufacturing of yeasts, molds,  and other natural products necessary for medical  and biotechnical research  and development                    
PS        
PS    
P    

Paper products manufacturing (not including the processing of pulp)                                
P    

Printing, publishing and engraving                    
PS            
P    

Research, development, and related activities                    
P        
P    
P    

Sign making  shop                    
PS            
P    

Stoneworks                                
P    

Wholesale trades limited to sale or rental of products intended  for industrial or commercial users                    
P            
P    

Wood products manufacturing                                
P    

RESOURCE PRODUCTION AND EXTRACTION

Country  market        
PS    
PS    
P    
P    
PS    
PS        
P

Farm products, sale of                
P    
P    
P    
P    
P    

Farms, Truck Gardens, Orchards    
PS    
PS    
PS    
PS    
PS        
PS    
P    

Feed and grain, storage and sales                    
P    
SE    
P    
P    

Horticultural nurseries and commercial greenhouses            
SE        
P        
SE        

Sawmill                                
P    

Storage and processing of farm products                                
P    

 

Table 3: Principal Permitted  Uses by Districts (Continued)

USE CLASSIFICATION    
ZONING DISTRICTS
    
R-1    
R-2    
R-3    
LC    
HC    
CC    
I-1    
I-2    
FCD

RESOURCE PRODUCTION AND EXTRACTION (Continued)

Temporary  farm markets  for the sale of farm products    
PS    
PS    
PS    
PS    
PS    
PS    
PS    
PS    

Wholesale nursery or greenhouse                
P    
P    
P    
P    
P    

TRANSPORTATION, COMMUNICATIONS & UTILITIES

Airports, general aviation                                
SE    

Ambulances or rescue squads, privately or publicly supported, non-profit    
SE    
SE    
SE    
SE    
P    
SE    
SE    
P    
P
Freight terminal                                
P    

Power plants;  transmission lines;  substations; pumping and boosting stations; pipelines; microwave towers; monopoles and other free-standing cellular  telephone facilities; administrative, construction, maintenance, and storage facilities; and water and sewage treatment facilities    



SE    



SE    



SE    



SE    



SE    



SE    



SE    



SE    

Radio and television broadcasting stations and towers                    
SE        
SE    
P    

Telephone, electric, water, sewer, and gas lines, with necessary accompanying incidental equipment for local distribution    
P    
P    
P    
P    
P    
P    
P    
P    
P

Truck stop or terminal                                
P    


B.  Uses Prohibited

For the purpose of this chapter, permitted uses are listed in Table 3 for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited.

§ 158-41. Residential Zone R-1.

The regulations of this zone are intended to provide for a pleasant, quiet, hazard-free, residential environment and to ensure that new development is compatible with the character of existing buildings and uses. This zone recognizes that low-density residential uses will continue as the predominant land use in the community and is designed primarily to accommodate single-family detached housing at low densities.
 
A.  General Regulations

Minimum lot area; area per dwelling; building setback; lot width; front, side, and rear yard; and maximum building heights, as displayed in Table 1, shall apply, subject to other requirements of this Chapter. Land within this District that also lies within the Critical Area Overlay District shall be subject to its additional requirements.

B.  Accessory Uses and Structures

The following are permitted as accessory uses and structures. Accessory uses and structures are subject to performance standards (PS), which are specified in Article VI of this Chapter. Certain uses and structures are subject to additional performance standards specified in Article VI.

1.  Accessory uses, as follows, on a farm of ten acres or more;

(1) Accessory structures for the sale or processing of farm products raised on the premises.
(2) Accessory open or enclosed storage of farm materials, products or equipment. (3) Accessory farm structures, including barns, stables, sheds, tool rooms, shops,
bins, tanks, and silos.

(4) Dwellings for persons permanently employed on the premises.

(5) Accessory trailers, one. These units shall share a common driveway with the main farm and shall be occupied by permanent employees of the farm or immediate members of the family owning or operating the farm. All accessory farm dwellings shall be landscaped and screened from adjacent properties.

2.  Boat docks and boathouses (PS).

3.  Domestic storage in the main structure or in an accessory structure.

4.  Private garages and other similar structures normally accessory to principal permitted uses or authorized Special Exceptions.

5.  The keeping of small animals, insects, reptiles, fish, or birds, but only for personal enjoyment or household use and not as a business.

6.  The storage of a boat, a boat trailer, a camp trailer, and a recreational vehicle, but not in a front yard.
 
7.  Swimming pools and game courts, lighted or unlighted, for the use of occupants or their guests.

8.  Temporary structures (PS).

9.  Accessory off-street parking and loading spaces.

10. Cemeteries, when accessory to a church, provided that no graves or burial lots shall be located in a required yard.

11. Satellite receiving dishes, ground mounted (PS).

12. Temporary offices and display areas incidental to the sale or rent of homes or apartments, complying with the requirements of the State and County Health Departments, which buildings shall be removed upon completion or abandonment of operations.

13. Other accessory uses and structures clearly incidental and customary to and associated with the permitted uses. These include decks, either permanent or temporary, for final conversion to living quarters; porches; and utility buildings or structures.

§ 158-42. Residential Zone R-2.

The regulations of this zone are intended to accomplish the same purpose as the R-1 Zone while permitting higher densities and a broader variety of dwelling types. Housing densities and area requirements are established to be compatible with single-family residential development in the same general neighborhood, and the zones are conveniently located with respect to shopping facilities and centers of employment

A.  General Regulations

Minimum lot area; area per dwelling; building setback; lot width; front, side, and rear yard; and maximum building heights as displayed in Table 1, shall apply, subject to other requirements of this Chapter. Land within this District that also lies within the Critical Area Overlay District shall be subject to its additional requirements.

B.  Accessory Uses and Structures
Accessory uses shall be as permitted in the R-1 Zone.

§ 158-43. Residential Zone R-3.
 
The regulations of this zone are intended to provide for a variety of housing types and are designed primarily to accommodate high-density housing, with appropriate design, open space provisions, and buffering.

A.  General Regulations

B.  Minimum lot area; area per dwelling; building setback; lot width; front, side, and rear yard; and maximum building heights as displayed in Table 1, shall apply, subject to other requirements of this Chapter. Land within this District that also lies within the Critical Area Overlay District shall be subject to its additional requirements.

C.  Accessory Uses and Structures

Accessory uses shall be as permitted in the R-1 Zone.

§ 158-44.  Light Commercial Zone LC

The regulations of this zone are intended to provide areas in which the daily shopping needs of nearby residents can be met. The zone permits retail and service uses which serve the needs of the neighboring population.

A.  General Regulations

Minimum lot area; area per dwelling; building setback; lot width; front, side, and rear yard; and maximum building heights as displayed in Table 1, shall apply, subject to other requirements of this Chapter. Land within this District that also lies within the Critical Area Overlay District shall be subject to its additional requirements.

B.  Accessory Uses and Structures

Accessory uses and structures permitted are those clearly incidental and customary to and associated with the permitted uses. Accessory uses and structures are subject to performance standards (PS), which are specified in Article VI of this Chapter. Certain uses and structures are subject to additional performance standards specified in Article VI.

§ 158-45.  Highway Commercial Zone HC

The regulations of this zone are intended to provide locations for commercial and industrial activities that depend on highway traffic outside the Town for business, and to ensure safety, convenience, and attractiveness in such development, as well as ensuring that it is not disruptive to the surrounding neighborhood or the community as a whole.

A.  General Regulations
 

Minimum lot area; area per dwelling; building setback; lot width; front, side, and rear yard; and maximum building heights as displayed in Table 1, shall apply, subject to other requirements of this Chapter. Land within this District that also lies within the Critical Area Overlay District shall be subject to its additional requirements.

B.  Accessory Uses and Structures

Accessory uses and structures permitted are those clearly incidental and customary to and associated with the permitted uses. Accessory uses and structures are subject to performance standards (PS), which are specified in Article VI of this Chapter. Certain uses and structures are subject to additional performance standards specified in Article VI.

§ 158-46.  Central Commercial Zone CC

The regulations of this zone are intended to enhance the central downtown as a viable commercial business center for retail, governmental and office functions by providing sufficient space for a wide variety of retail and service activities, and by keeping yard regulations to a minimum to encourage compact and efficient commercial development.

A.  General Regulations

Minimum lot area; area per dwelling; building setback; lot width; front, side, and rear yard; and maximum building heights as displayed in Table 1, shall apply, subject to other requirements of this Chapter. Land within this District that also lies within the Critical Area Overlay District shall be subject to its additional requirements.

B.  Accessory Uses and Structures

Accessory uses and structures permitted are those which are clearly incidental and customary to and associated with permitted uses. Accessory uses and structures are subject to performance standards (PS,) which are specified in Article VI of this Chapter. Certain uses and structures are subject to additional performance standards specified in Article VI.

§ 158-47.  Light Industrial  Zone I-1

The purpose of this Light Industrial Zone is to provide for a variety of light manufacturing, fabricating, and processing facilities, appropriately located for access by major thoroughfares or railroads. Light industrial uses generally involve small-scale industrial activities, including, but not limited to, research and development, light manufacturing and assembly of products, and
similar uses. Light industrial uses usually generate less heavy truck traffic and have fewer adverse environmental effects on surrounding areas, as compared to medium or heavy industrial uses.
 
A.  General Regulations

Minimum lot area; area per dwelling; building setback; lot width; front, side, and rear yard; and maximum building heights as displayed in Table 1, shall apply, subject to other requirements of this Chapter. All uses and structures in the Light Industrial I Zone are subject to additional performance standards. Land within this District that also lies within the Critical Area Overlay District shall be subject to its additional requirements.

B.  Accessory Uses and Structures

Accessory uses and structures permitted are those which are clearly incidental and customary to and associated with permitted uses. Accessory uses and structures are subject to performance standards (PS), which are specified in Article VI of this Chapter. Certain uses and structures are subject to additional performance standards specified in Article VI.

C.  Additional Uses

The Board of Appeals may grant Special Exceptions for uses which are determined to be of the same general character as those listed as permitted uses and which will not be detrimental to permitted uses in the zone.

§ 158-48.  Medium Industrial Zone I-2.

The Medium Industrial Zone is intended for industrial uses of a larger scale or more intensive processing, with large areas of uncovered storage, which may generate substantially more impact on surrounding properties than intended in the Light Industrial I-1 zone. Structures and uses in this zone must be separated from present commercial and residential uses. All structures and improved areas must be fenced and screened from view. This includes equipment and material, storage areas, parking lots, and outbuildings.

A.  General Regulations

Minimum lot area; area per dwelling; building setback; lot width; front, side, and rear yard; and maximum building heights as displayed in Table 1, shall apply, subject to other requirements of this Chapter. Land within this District that also lies within the Critical Area Overlay District shall be subject to its additional requirements.

B.  Accessory Uses and Structures

The following are permitted as accessory uses and structures. Accessory uses and structures are subject to performance standards (PS), which are specified in Article VI of this Chapter. Certain uses and structures are subject to additional performance standards specified in Article VI.
 
1.  Retail sale of products manufactured or processed on the premises.

2.  Other accessory uses and structures clearly incidental and customary to and associated with the permitted uses.

C.  Additional Uses

The Board of Appeals may grant Special Exceptions for uses which are determined to be of the same general character as those listed as permitted uses and which will not be detrimental to permitted uses in the zone.

§ 158-49. Critical Area Overlay District CAO

A.  Purpose

1.  Purpose. The General Assembly enacted the Critical Area law for the following purposes:

a.   To establish a Resource Protection Program for the Chesapeake Bay and its tributaries by fostering more sensitive development activity for certain shoreline areas so as to minimize damage to water quality and natural habitats; and

b.  To implement the Resource Protection Program on a cooperative basis between the State and affected local governments, with local governments establishing and implementing their programs in a consistent and uniform manner subject to State criteria and oversight.

2.  History. To achieve these purposes, the Law specified the creation of a Commission charged with developing criteria to regulate land use in the Critical Area, and the General Assembly approved these criteria during the 1986 legislative session (COMAR 27.01.01 - 27.01.11). Subsequently, the Criteria were used by local jurisdictions to prepare their own local Critical Area programs, Chapters, and
regulations to manage and regulate land use within the Critical Area. The Critical Area includes the Chesapeake Bay, its tributaries to the head of tide, tidal wetlands, plus all land and water within 1,000 feet beyond the landward boundary of these waters and wetlands.

3.  Goals. The goals of the Critical Area Program are to accomplish the following:

a.   Minimize adverse impacts on water quality that result from pollutants that are discharged from structures or run off from surrounding lands;

b.  Conserve fish, wildlife, and plant habitat; and
 

c.   Establish land use policies for development in the Chesapeake Bay Critical Area which accommodate growth as well as address the environmental impacts that the number, movement, and activities of persons may have on the area.

4.  Local implementation. Greensboro adopted its Critical Area Program on June 11,
1990.  The Program consists of this Chapter, the Critical Area maps, and subdivision regulations.  These provisions regulate development activities and resource utilization activities, e.g., agriculture and forestry in the Critical Area. They supplement existing land use regulations by imposing specific standards and requirements set forth in the Critical Area Criteria.

B.  Implementation of the Critical Area Provisions

1.  Regulated activities and applicability. Any applicant for a permit to pursue activities within the Critical Area, such as development or redevelopment, grading, sediment and erosion control, timber harvesting, shoreline erosion control, installation of a septic system and drain field, operation of a waste collection or disposal facility, operation of a commercial or private marina or other water-related commercial or industrial operation (whether public or private), mining (whether surface or sub-surface) or quarrying, farming or other agriculturally-related activities shall only have such permits issued by the Town after review and approval under this Critical Area Program.

2.  Responsible agency. All applications for local permits that are issued by the Town shall be made to the Zoning Administrator. The Town shall make available to all agencies
involved in overseeing regulated activities a set of maps showing the location of all parcels of land in the Critical Area so that these agencies may identify affected properties subject
to said referrals. Applications for timber harvesting shall be reviewed by the Department of Natural Resources and the District Forestry Board. Applications for mining and quarrying shall be reviewed by the Town and appropriate State agencies. Applications for farming or other agriculture-related activities shall be reviewed by the Caroline County Soil Conservation District Office, depending on the nature of the proposed activity.

3.  Process. Upon receiving the referred application, the agency shall review the application for compliance of the activity with the requirements of this Program. If the activity is in compliance, it shall be returned to the Zoning Administrator within 15 business days of its receipt by the agency. If it is not in compliance it shall be returned within 15 business days with the reasons for non-compliance.

 
4.  Notification Requirements.
 

Notification to Critical
Area Commission
 
Type of Application     IDA     LDA     RCA
 

Disturbance to Habitat Protection Areas        Y    Y    Y
Physical disturbance to buffer    Y    Y    Y    
Variance from Critical Area Program    Y    Y    Y    
Development resulting in less than 5,000 sq.ft. of disturbance        N    N    N
Development resulting in between 5,000 and 15,000 sq.ft. of                
disturbance        N    N    Y
Development resulting in greater than 15,000 sq. ft. of disturbance        Y    Y    Y
Subdivision of one to four lots        N    N    Y
Subdivision of five to ten lots    N    Y    Y    
Subdivision of greater than ten lots        Y    Y    Y
Subdivision affecting growth allocation        N/A    Y    Y
Single family dwelling building permit        N    N    N
Accessory structures building permit        N    N    N
Intrafamily transfer        N    N    Y
Rezoning that would occur wholly or partially within the Critical Area    Y    Y    Y
Special exception or conditional use for industrial, commercial
institutional, nonresidential, or multi-family    N    Y    Y Substantial alteration to applications previously submitted to
Critical Area Commission    Y    Y    Y

C. Program Enforcement

1.  Consistency. This Critical Area Program, in accordance with the Critical Area Act and Criteria, and as set out in applicable Town Chapters, supersedes any inconsistent law, Chapter, or plan of the Town.

2.  Responsible agencies. The program shall be implemented and enforced by appropriate Town authorities. Should an infraction under the Critical Area Program, or under any law, Chapter or plan related to a Critical Area Program provision or requirement, be brought to the attention of any official of the Town, said official shall immediately contact the Zoning Administrator, Planning Commission, Critical Area Circuit Rider, and, if necessary, the Town Attorney to determine the proper remedial course of action. If an enforcement
action is necessary, the Zoning Administrator shall send a copy of the enforcement issue and action taken to the Critical Area Commission. The Commission, at its discretion, may also take such remedial action as given it under State law.

3.  Violations. In addition to any other penalty applicable under state or municipal law, a person who violates a provision of Natural Resources Article, Title 8 Subtitle 18 or the Town’s Critical Area Program, ordinance or regulations is subject to a fine not exceeding
$10,000.00.

a.   In determining the amount of the penalty to be assessed under paragraph 3, the town may consider the following:
 
1.  The gravity of the violation
2.  Any willfulness or negligence involved in the violation; and
3.  The environmental impact of the violation.

4.  Reasonable accommodations for the needs of disabled citizens. The Board of Appeals may make reasonable accommodations to avoid discrimination on the basis of a physical disability. Reasonable accommodations for the needs of disabled citizens may be permitted in accordance with the evidentiary requirements set forth in the following paragraphs:
a.   An applicant shall have the burden of demonstrating the following:
1.  The existence of a physical disability
2.  Literal enforcement of the provisions of this ordinance would result in discrimination by virtue of such disability
3.  A reasonable accommodation would reduce or eliminate the discriminatory effect of the provisions of this ordinance
4.  The accommodation requested will not substantially impair the purpose, intent, or effect of the provisions of this ordinance as applied to the property.
5.  Environmental impacts associated with the accommodation are the minimum necessary to address the needs resulting from the particular disability of the applicant.

b.  The Board of Appeals shall determine the nature and scope of any accommodation under this section and may award different or other relief than requested after giving due regard to the purpose, intent, or effect of the applicable provisions of this ordinance. The Board may also consider the size, location, and type of accommodation
proposed and whether alternatives exist which accommodate the need with less adverse effect.
c.   The Board of Appeals may require, as a condition of approval, that upon termination of the need for accommodation, that the property be restored to comply with all applicable provisions of this ordinance. Appropriate bonds may be collected or liens placed in order to ensure the Town’s ability to restore the property should the applicant fail to do so.




D.  Development in the Critical Area.

1.  Description. The Critical Area of the Town of Greensboro contains approximately 130 acres. This acreage represents 36% of the land area in the Town.

2.  General policies. To accommodate already existing land uses and growth in the Town while providing for the conservation of habitat and the protection of water quality, the Town has set out three land use management districts within the Critical Area Overlay Zone. The Town has identified each of the three subdistricts within the Critical Area based
 
on the following criteria and has developed policies and programs to achieve the objectives included in this Chapter. The Town recognizes the following three types of development areas: Intensely Developed Areas (IDAs); Limited Development Areas (LDAs); and Resource Conservation Areas (RCAs).

a.   Intense development should be directed outside of the Critical Area. Future intense development activities, when proposed in the Critical Area, shall be directed towards the Intensely Developed Areas.

b.  Additional low intensity development may be permitted in the Limited Development areas, but shall be subject to strict regulation to prevent adverse impacts on habitat and water quality.

c.   Development shall be limited in the Resource Conservation Area, which shall be chiefly designated for agriculture, forestry, fisheries activities, other resource utilization activities and for habitat protection.

3.  Implementation. For purposes of implementing this regulation the Town has determined, based on land uses and development in existence on December 1, 1985, which land areas fall within the three types of land management and development areas described in this program.

4.  Activities not permitted except in IDA. Certain new development, redevelopment or expanded activities or facilities, because of their intrinsic nature or because of their potential for adversely affecting habitats or water quality, may not be permitted in the Critical Area except in Intensely Developed Areas under regulations of this section and only after the activity or facility has demonstrated to all appropriate local and State permitting agencies that there will be a net improvement in water quality to the adjacent body of water. These activities include the following:

a.   Non-maritime heavy industry;

b.  Transportation facilities and utility transmission facilities, except those necessary to serve permitted uses, or where regional or interstate facilities must cross tidal waters (utility transmission facilities do not include power plants); or

c.   Permanent sludge handling, storage and disposal facilities, other than those associated with wastewater treatment facilities. However, agricultural or horticultural use of sludge under appropriate approvals when applied by an approved method at approved application rates may be permitted in the Critical Area, except in the 100-foot Buffer;

d.  The Town may preclude additional development activities that it considers detrimental to water quality or fish, wildlife, or plant habitats within the Critical Area.
 

5.  Activities not permitted. Certain new development activities or facilities, or the expansion of certain existing facilities, because of their intrinsic nature or because of their potential for adversely affecting habitat and water quality, may not be permitted in the Critical Area unless no environmentally acceptable alternative exists outside the Critical Area, and these development activities or facilities are needed in order to correct an existing water quality or wastewater management problem. These include:

a.   Solid or hazardous waste collection or disposal facilities, including transfer stations; or b.  Sanitary landfills.
6.  Continuation of existing, permitted facilities. Existing, permitted facilities of the type noted in D.5.a. and b., above shall be subject to the standards and requirements of the Department of the Environment, under COMAR Title 26.

E.  Intensely Developed Areas.

1.  Description. Areas where residential, commercial, institutional, and/or industrial developed uses predominate and where relatively little natural habitat occurs. At the time of the
initial mapping, these areas shall have had at least one of the following features:

a.   Housing density equal to or greater than four dwelling units per acre;

b.  Industrial, institutional or commercial uses are concentrated in the area; or

c.   Public sewer and water collection and distribution systems are currently serving the area and housing density is greater than three dwelling units per acre;

d.  In addition, these features shall be concentrated in an area of at least 20 adjacent acres or that entire upland portion of the Critical Area within the boundary of a municipality, whichever is less.

2.  General policies. The Critical Area Program for the Town of Greensboro hereby incorporates the following policies for Intensely Developed Areas. New or expanded development or redevelopment shall take place in such a way as to:

a.   Improve the quality of runoff from developed areas that enters the Chesapeake Bay or its tributary streams;

b.  Accommodate additional development of the type and intensity designated by the
County in this Program provided that water quality is not impaired;
 
c.   Minimize the expansion of Intensely Developed Areas into portions of the Critical Area designated as Habitat Protection Areas and Resource Conservation Areas under this Program;

d.  Conserve and enhance Habitat Protection Areas to the extent possible within Intensely
Developed Areas; and

e.   Encourage the use of retrofitting measures to address existing stormwater management problems.

3.  Development standards. The following standards are hereby adopted for intensely developed areas:

a.   All plans shall be assessed for their impacts on water quality and other biological resources.

b.  Alterations in the plans shall be made to mitigate any negative impacts.

c.   Urban best management practices shall be considered and, where appropriate, implemented as part of all plans for development or redevelopment.

d.  Development and redevelopment shall be subject to the Habitat Protection Area requirements prescribed in §158.49 S. through W. in this Chapter.

e.   Stormwater shall be addressed in accordance with the following provisions:

(1) The Town shall require, at the time of development or redevelopment, that technologies as required by applicable State and local Chapters be applied by anyone undertaking development activities in order to minimize adverse impacts to water quality caused by stormwater. The technologies shall be developed in accordance with the guidelines published by the Chesapeake Bay Critical Area Commission entitled “10% Rule Compliance - Urban Stormwater Quality Guidance for Maryland Chesapeake Bay Critical Area.”

(2) In the case of redevelopment, if these technologies do not reduce pollutant loadings measured by use of the keystone pollutant method by at least 10% below the level of pollution on the site prior to redevelopment, then offsets shall be provided.

(3) In the case of new development, offsets as determined by the County shall be used if they reduce pollutant loadings by at least 10% of the pre-development levels.
 
(4) Offsets may be provided either on or off site, provided that water quality benefits are equivalent, that the benefits are obtained within the same
watershed, and that the benefits can be determined through the use of modeling, monitoring or other computation of mitigation measures as specified in the “10% Rule Compliance - Urban Stormwater Quality Guidance for Maryland Chesapeake Bay Critical Area” published by the Chesapeake Bay Critical Area Commission.

f.    If practicable, permeable areas shall be established in vegetation and whenever possible, redevelopment shall reduce existing levels of pollution.

g.   Areas of public access to the shoreline, such as foot paths, scenic drives and other public recreational facilities, should be maintained and, if possible, encouraged to be established within Intensely Developed Areas.

h.  Ports and industries which use water for transportation and derive economic benefits from shore access shall be located near existing port facilities. The Town may identify other sites for planned future port facility development and use if this use will provide significant economic benefit to the State or Town and is consistent with the provisions of the Water Dependent Facilities Section of this Chapter and other State and Federal regulations.

i.    The Town shall promote, with the assistance of State agencies, participation in programs and activities for the enhancement of biological resources within the Critical Area for their positive effects on water quality and urban wildlife habitat. These programs may include urban forestry, landscaping, gardens, wetland and aquatic habitat restoration elements.

j.    To the extent practicable, future development in the Critical Area shall use cluster development as a means to reduce impervious areas and to maximize areas of natural vegetation.

k.  When the cutting or clearing of trees in forests and developed woodland areas is associated with current or planned development activities, the following shall be required:

(1) Participation in programs established by the Town for the enhancement of forest and developed woodland resources such as programs for urban forestry (for example, street tree planting, gardens, landscaping, Buffer planting);

(2) Development activities shall be designed and implemented to minimize destruction of forest and woodland vegetation; and
 
(3) Development activities shall address the protection of existing forests and developed woodlands identified as Habitat Protection Areas in the Habitat Protection Sections of this Chapter.

F.  Limited Development Areas.

1.  Description. Limited Development Areas are those areas which are currently developed in low or moderate intensity uses. They also contain areas of natural plant and animal habitats. The quality of runoff from these areas has not been substantially altered or impaired. At the time of the initial mapping, these areas shall have had at least one of the following features:

a.   Housing density ranging from one dwelling unit per 5 acres up to four dwelling units per acre;

b.  Areas not dominated by agricultural, wetland, forest, barren land, surface water, or open space;

c.   Areas meeting the conditions of Intensely Developed Area but comprising less than 20 acres;

d.  Areas having public sewer or public water, or both.

2.  General policies. The Town Critical Area Program hereby incorporates the following policies for Limited Development Areas. New or expanded development or redevelopment shall take place in such a way as to:

a.   Maintain, or, if possible, improve the quality of runoff and groundwater entering the
Chesapeake Bay and its tributaries;

b.  Maintain, to the extent practicable, existing areas of natural habitat; and c.   Accommodate additional low or moderate intensity development if:
(1) This development conforms to the water quality and habitat protection criteria in paragraph F.3.below; and

(2) The overall intensity of development within the Limited Development Area is not increased beyond the level established in a particular area so as to change its prevailing character as identified by density and land use currently established
in the area.
 
3.  Development standards. The following performance standards are hereby adopted for
Limited Development Areas:

a.   For all development activities in the Limited Development Areas, the Town shall require that the applicant identify any environmental or natural feature described below, and shall meet all of the following standards of environmental protection:

(1) Adherence to the provisions of §158.49 S. through W. in this Chapter.

(2) All roads, bridges, and utilities that must cross a Habitat Protection Area shall be located, designed, constructed, and maintained so as to provide maximum erosion protection and minimize negative impacts to wildlife, aquatic life and their habitats and maintain hydrologic processes and water quality. Roads, bridges, or utilities may not be located in any Habitat Protection Area unless no feasible alternative exists.
(3) All development activities that must cross or affect streams shall be designed to: (a) Reduce increases in flood frequency and severity that are attributable to
development;

(b) Retain tree canopy so as to maintain stream water temperature within normal variation;

(c) Provide a natural substrate for stream beds; and

(d) Minimize adverse water quality and quantity impacts of stormwater.

b.  For development activities in RCA and LDA, wildlife corridors shall be established and used to connect the are left in forest cover with any large forest tracts which are located outside of the area or property being developed or subdivided. Forest left in its natural state should be adjacent to larger forested areas and not left as an isolated island of trees.  Planting required as a mitigation measure should be adjacent to other habitat. Tree planting which serves as visual screening or landscaping should not be considered to meet these requirements.

c.   For the cutting or clearing of trees in forests and developed woodland areas which are associated with current or planned development activities in a Limited Development Area, the Town shall:

(1) Implement development in accordance with §158.49 N., Forest and Woodland
Protection.
 
(2) Require that the applicant consider the recommendations of the Maryland
Department of Natural Resources when planning development on forested land;

(3) Design and implement development activities to minimize the destruction of woodland vegetation; and

(4) Provide protection for forests and developed woodlands identified as Habitat
Protection Areas in this Program.

d.  For the alteration of forest and developed woodland in the Limited Development Area, the Town shall apply all of the following requirements:

(1) The total acreage in forest coverage within the Town in the Critical Area shall be maintained or preferably increased;

(2) All forests that are allowed to be cleared or developed shall be replaced in the
Critical Area on not less than an equal area basis;

(3) No more than 20% of any forest or developed woodland may be removed from forest use, except as provided in paragraph 3.e.below. The remaining 80% shall be maintained through recorded, restrictive covenants or similar instruments approved by the Planning Commission; and

(4) Developed woodland vegetation shall be conserved to the greatest extent practicable.

e.   For replacement of forest and developed woodland, if more than 20% is to be removed from forest use, an applicant may clear or develop not more than 30% of the total forest area provided that the afforested area shall consist of 1.5 times the total surface acreage of the disturbed forest or developed woodland area, or both.

f.    In addition, applicants shall adhere to the following criteria for forest and woodland development:

(1) A performance bond in an amount determined by the Town to assure satisfactory replacement as required by paragraphs 3.d. and 3.e. above;
(2) Grading permits shall be required before forest or developed woodland is cleared; (3) Forests which have been cleared before obtaining a grading permit or that exceed
the maximum area allowed in 3.e.above shall be replanted at three times the areal extent of the cleared forest;
 
(4) If the area extent of the site limits the application of the reforestation guidelines in paragraphs 3.d., 3.e.and 3.f. above, alternative provisions or reforestation guidelines may be permitted by the Town if they are consistent with the intent of the Forest and Woodland Section of this Chapter to conserve the forest and developed woodland resources of the Critical Area. Alternative provisions may include fees-in-lieu provisions or use of a forest mitigation bank if the provisions are adequate to ensure the restoration or establishment of an equivalent forest area;

(5) If no forest is established on proposed development sites, these sites shall be planted to provide a forest or developed woodland cover of at least 15%;

(6) All forests designated on development plans shall be maintained to the extent practicable, through conservation easements, restrictive covenants or other protective instruments approved by the Planning Commission;

(7) The applicant shall designate, subject to the approval of the Planning Commission, a new forest area on a part of the site not forested; and

(8) The afforested area shall be maintained as forest cover through easements, restrictive covenants or other protective instruments approved by the Town Attorney.

g.   Development on slopes greater than 15%, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies in paragraph F.2.above.

h.  Except as otherwise provided in this sub-section for stormwater runoff, man-made impervious areas shall be limited to 15% of a parcel or lot.

(1) If a parcel or lot of one-half acre or less in size existed on or before December 1,
1985, then man-made impervious surfaces are limited to twenty-five of the parcel or lot.

(2) If a parcel or lot greater than one-half acre and less than one acre in size existed on or before December 1, 1985, then man-made impervious surfaces are limited to
15% of the parcel or lot.

(3) If an individual lot one acre or less in size is part of a subdivision approved after
December 1, 1985, then man-made impervious surfaces of the lot may not exceed
25% of the lot, and the total impervious surfaces of the entire subdivision may not exceed 15%.
 
(4) This section does not apply to trailer parks that were in residential use on or before
December 1, 1985.

(5) Impervious surface limits provided in sub-sections h.(2) and h.(3) above may be exceeded, upon findings by the Zoning Administrator that the following conditions exist:

(a) New impervious surfaces on the property have been minimized;

(b) For a lot or parcel one-half acre or less in size, total impervious surface area does not exceed impervious surface limits in h.(2) above by more than 25% or
500 square feet, whichever is greater;

(c) For a lot or parcel greater than one-half acre and less than one acre in size, total impervious surface area does not exceed impervious surface limits in paragraph h.(3) above or 5,445 square feet, whichever is greater;

(d) Water quality impacts associated with runoff from new impervious surfaces can be and have been minimized through site design considerations or the use of
best management practices to improve water quality; and

(e) The property owner performs on-site mitigation as required by the Town to offset potential adverse water quality impacts from the new impervious surfaces, or the property owner pays a fee to the Town in lieu of performing the on-site mitigation. The amount of the fee shall be $1.00 per square foot of new impervious surface area on the property. The Town shall use all fees collected under this provision to fund projects that improve water quality within the Critical Area, consistent with the Town’s Critical Area Program.

i.    The Town should allow for modifications in road standards on a case-by-case basis to reduce potential impacts to the site and Critical Area resources, where the reduced standards do not significantly affect safety.

j.    To reduce the extent of impervious areas and maximize areas of natural vegetation, cluster development shall be considered when planning for future development.

k.  Development may be allowed on soils having development constraints if the development includes mitigation measures that adequately address the identified constraints and that will not have significant adverse impacts on water quality or plant, fish or wildlife habitat.

4.  Complementary State laws and regulations. In applying this Critical Area Program, the
Town refers to all of the following complementary existing State laws and regulations:
 

a.   For soil erosion and sediment control (COMAR 26.17.01)

(1) In order to prevent soil erosion and sedimentation, a Soil Erosion and Sedimentation Control Plan shall be required whenever a development within the Critical Area will involve any clearing, grading, transporting, or other form of disturbance to land by the movement of earth. This plan shall be consistent with the requirements of Natural Resources Article §§8-1101 - 8-1108 and Environment Article §§4-103 - 4-108 and 4-116, Annotated Code of Maryland and local Chapters. Sediment control practices shall be appropriately designed to reduce adverse water quality impacts.

(2) The Town requires erosion control as the basis of sediment control plans within the Critical Area.

b.  For stormwater runoff (COMAR 26.17.02)

(1) Limitation on Stormwater Runoff - Development may not cause downstream property, watercourses, channels or conduits to receive stormwater runoff at a higher volume or rate than would have resulted from a 10-year storm where the land is in its pre-development state.

(2) Storage Capacity - All stormwater storage facilities shall be designed with sufficient capacity to achieve water quality goals of this Section and to eliminate all runoff caused by the development in excess of that which would have come from the site if it were in its pre-development state.

(3) Stormwater management measures shall be consistent with the requirements of Environment Article 4-201 et. seq., Annotated Code of Maryland.

G.  Resource Conservation Areas.

1.  Description. Areas characterized by nature-dominated environments (that is wetlands, forests, abandoned fields) and resource-utilization activities (that is agriculture, forestry, fisheries activities or aquaculture). At the time of the initial mapping, these areas shall have had at least one of the following features:

a.   Existing density is less than one dwelling unit per five acres; or
b.  Dominant land use is in agriculture, wetland, forest, barren land, surface water or open space.
 
2.  Policies. The Town Critical Area Program hereby incorporates the following policies for Resource Conservation Areas. New or expanded development or redevelopment in these areas shall take place in such a way as to:

a.   Conserve, protect and enhance the overall ecological values of the Critical Area, its biological productivity and its diversity;

b.  Provide adequate breeding, feeding and wintering habitats for those wildlife populations that require the Chesapeake Bay, its tributaries or coastal habitats in order to sustain populations of those species.

c.   Conserve the land and water resource base that is necessary to maintain and support land uses such as agriculture, forestry, fisheries activities and aquaculture.

d.  Conserve the existing developed woodlands and forests for the water quality benefits that they provide.

3.  Development standards. In this Critical Area Program, the Town shall use all of the following requirements for Resource Conservation Areas:

a.   Land use management practices shall be consistent with the policies and criteria for the
Habitat Protection Area Section, the Agriculture Section, and the Forest and
Woodlands Protection Section of this Chapter.

b.  Agricultural and conservation easements shall be promoted in Resource Conservation
Areas.

c.   Land within the Resource Conservation Area may be developed for residential uses at a density not to exceed one dwelling unit per 20 acres. Within this limit of overall density, minimum lot sizes may be determined by the Town. Such mechanisms as cluster development, maximum lot size provisions and/or additional means to maintain the land area necessary to support the protective uses will be encouraged by the Town and implemented as necessary.

d.  Existing industrial and commercial facilities, including those that directly support agriculture, forestry, aquaculture, or residential development not exceeding the density specified in G.c.3. above, shall be allowed in Resource Conservation Areas.
Additional land may not be zoned, used or developed for industrial, commercial, or institutional development, except as provided by the Town Growth Allocation provisions. The Town shall ensure that the overall acreage of forest and woodland within the RCA does not decrease.
 
e.   Development activity within the Resource Conservation Areas shall be consistent with the requirements for Limited Development Areas in this Chapter as specified in
§158.49 F.

f.    Nothing in this section shall limit the ability of a participant in the Agricultural Easement Program to convey real property impressed with such an easement to family members provided that no such conveyance will result in a density greater than one dwelling unit per 20 acres.

g.   In calculating the 1-in-20 acre density of development that is permitted on a parcel located within the resource conservation area, the Town may permit the area of any private wetlands located on the property to be included under the following conditions:

(1) The density of development on the upland portion of the parcel may not exceed one dwelling unit per eight acres; and

(2) The area of private wetlands shall be estimated on the basis of vegetative information as designated on the State wetlands maps or by private survey approved by the Town and the Department of the Environment.

H.  Growth Allocation

1.  Description. Growth Allocation is an amount of land, a portion of which the Town may convert to more intense management areas to accommodate land development. Growth Allocation is designated for use within the Critical Area on lands classified as Resource Conservation Areas (RCA) and/or Limited Development Areas (LDA). The purpose is to designate areas of the Critical Area District where the Planning Commission and Town Council may approve a change in the current land management classification on specific sites that they may be developed to the extent permitted by this Chapter and the new land use management classification.

The area of the Town of Greensboro within the Critical Area comprises about 130 acres. Within the Critical Area, 117 acres of land was classified as IDA. The remaining 13 acres were classified as RCA. The State Critical Area Act permits Caroline County to allocate
5% of the County’s RCA acreage, for use for future growth as either IDA or LDA. The Town must petition the County to use some of the County’s growth allocation to accommodate new LDA or IDA within the Town.

a.   When locating new Intensely Developed or Limited Development Areas the Town shall use these guidelines:

(1) New Intensely Developed Areas should be located in Limited Development
Areas or adjacent to existing Intensely Developed Areas;
 

(2) New Limited Development Areas should be located adjacent to existing
Limited Development Areas or Intensely Developed Areas:

(3) New Intensely Developed Areas and Limited Development Areas should be located in order to minimize impacts to Habitat Protection Areas as specified in this Chapter and in an area and in a manner that optimizes benefits to water quality;

(4) New Intensely Developed Areas should be located where they minimize their impacts to the defined land uses of the Resource Conservation Area;

(5) New Intensely Developed Areas and Limited Development Areas in the Resource Conservation Area should be located at least 300 feet beyond the landward edge of tidal wetlands or tidal waters;

(6) New Intensely Developed or Limited Development Areas to be located in Resource Conservation Areas shall conform to all criteria of the Town for such areas, shall be so designated on the Town Critical Area Maps and shall constitute an amendment to this program subject to review and approval by the Town Planning Commission, the Town Council, and the Critical Area Commission.

2.  Conditions of approval for growth allocation are as follows:

a.   A condition of approval shall be that the projects approved for Growth Allocation shall be substantially completed within three years of the date of approval. If after three years the project is not completed, the Growth Allocation classification shall be withdrawn.

b.  The Planning Commission shall determine whether a project is substantially completed or not. Substantially completed projects are defined as projects in which all public improvements, such as roads, community sewer and/or water facilities, etc., have been built, as required by the Town or State.

c.   The development of a proposed project must demonstrate to the Planning Commission that the following design standards will be met or exceeded in order to be approved.

(1) All applicable requirements of the Town of Greensboro Critical Area Program, the
Zoning Chapter and the Subdivision regulations.

(2) Limit the area of disturbance for non-residential development to not more than 60%
of the total site area.
 

(3) The design of the development enhances the water quality and resource and habitat values of the area, e.g., results in additional planting of forest cover in the Buffer or implementation of Best Management Practices on portions of the site to be retained in agriculture use.

(4) The development incorporates the comments and recommendations of the Planning Commission and the Maryland Department of Natural Resources in the project design.

(5) The developer executes covenants that guarantee maintenance of the required open space areas.

3.  Computing the Use of the Growth Allocation Using Development Envelopes

a.   Subdivision of any parcel of land that was recorded as of December 1, 1985, and classified as RCA or LDA, where all or part of the parcel is identified by the Town as a Growth Allocation area, shall result in the acreage of the entire parcel not in tidal wetlands counting against the Growth Allocation, unless the following conditions are met:

(1) On parcels on which a change in classification is requested, a single development envelope will be specified, the acreage of which would be counted against the Growth Allocation. The envelope will include: 1) individually owned lots; 2) any required buffers; 3) impervious surfaces, utilities, stormwater management measures, on-site sewage disposal measures; 4) any areas subject to human use such as active recreation areas; and, 5) any additional acreage needed to meet the development requirements of the criteria.

(2) The remainder of the parcel may not count against the Town's growth allocation if it is contiguous and at least 20 acres in size, retained its natural features or its use for resource utilization activities (agriculture, forestry, fisheries activities, or aquaculture) and was restricted from future subdivision and/or development
through restrictive covenants, conservation easements, or other protective measures approved by the Planning Commission. A Forest Management Plan is required for any forested areas in the undeveloped portion of the parcel. Replanting should be accomplished on lands abandoned from agriculture.

(3) A minimum 100 foot naturally vegetated Buffer must be established and included in any acreage deductions. A 300 foot naturally vegetated Buffer is strongly encouraged, and in the case where it is provided, the Buffer shall not be deducted from the Town's Growth Allocation, even if that Buffer does not meet the 20-acre minimum.
 

4.  Application Process

The Town's Growth Allocation may be used on a proposed development site to permit densities that are consistent with the Comprehensive Plan, the Critical Area Program, and the existing zoning when a specific development project is proposed. Amendment procedures and the following shall be used in determining if a site and/or project qualifies for Growth Allocation.

a.   All applications for Growth Allocation shall be submitted to the Planning Commission for investigation and recommendation to the Town Council for Growth Allocation.

b.  All applications for Growth Allocation shall be accompanied by a sketch plan, or development plan which provides sufficient information to permit Planning Commission review for consistency with Critical Area Program requirements.

c.   The Planning Commission will review concept, sketch, or comprehensive development plans submitted for consistency with the Critical Area Program and will provide technical comments and recommendations to the applicant prior to submission of preliminary plats consistent with the requirements of Town Zoning regulations.

d.  After the applicant has addressed the Planning Commission's recommendations, a sketch plan may be revised and submitted for review with respect to Growth Allocation designation.

e.   A public hearing on the application for Growth Allocation amendment will be held by the Town Council.

f.    In approving an application for Growth Allocation, the Town Council may establish conditions of approval that are consistent with the intent of the Town’s Critical Area Program.

g.   Applications for Growth Allocation will be forwarded to the Critical Area Commission after the Town Council have conducted their public hearing and granted an approval. The Town Council may only adopt Growth Allocation requests that have been
approved by the Critical Area Commission.

h.  Following adoption by the Town Council, the applicant may proceed to the preparation of the final site plan or subdivision plat for recordation.

i.    Prior to approving the final site plan or subdivision plat, the Planning Commission will ensure that all conditions of approval are incorporated into the final plan, public works agreement, deed covenants, etc.
 

j.    Final Subdivision Plats and Site Plans shall be processed as per the requirements of this
Chapter.

5.  Recording a Change in the Growth Allocation

a.   The Official Critical Area Map(s) will be amended to reflect the new classification along with a notation of the new land management classification.

b.  Successful projects granted Growth Allocation will be submitted for final site plan or final subdivision approval as per the requirements of the Zoning and Subdivision Regulations and shall delineate the Growth Allocation on the record plat or site plan.

I.    Grandfathering.

1.  Continuation of existing uses. The Town shall permit the continuation, but not necessarily the intensification or expansion, of any use in existence on the date of Program approval, unless the use has been abandoned for more than one year or is otherwise restricted by existing local Chapters. If any existing use does not conform with the provisions of the Program, its intensification or expansion may be permitted only in accordance with the Variance Procedures outlined in §158.23 of this Chapter.

2.  Residential density. Except as otherwise provided, the Town shall permit the types of land described in the following subsections to be developed in accordance with density requirements in effect prior to the adoption of the Critical Area Program notwithstanding the density provisions of the Program. The Town shall permit a single-lot or parcel of land that was legally of record on the date of Program approval to be developed with a single- family dwelling if a dwelling is not already placed there (not withstanding that such development may be inconsistent with the density provisions of this Chapter) provided
that:

a.   It is on land where development activity has progressed to the point of the pouring of foundation footings or the installation of structural members.

b.  It is a legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985 and land that was subdivided into recorded, legally buildable lots, where the subdivision received the Town’s final approval prior to June 1, 1984 if:

(1) At the time of development, the land is brought into conformance with the Critical Area Program insofar as possible, including the consolidation or configuration of lots not individually owned; or.
 
c.   The land has received a building permit subsequent to December 1, 1985, but prior to local Program approval.

d.  It is on land that was subdivided into recorded, legally buildable lots, where the subdivision received the Town’s final approval between June 1, 1984 and December 1,
1985; and

e.   It is on land that was subdivided into recorded, legally buildable lots, where the subdivision received the final approval after December 1, 1985 and provided that either development of any such land conforms to the IDA, LDA or RCA requirements in this Chapter or the area of the land is counted against the Growth Allocation permitted
under this Chapter, or was approved by the Critical Area Commission at the time of local Program approval.

3.  Consistency. Nothing in this section may be interpreted as altering any requirements for development activities set out in the Water-Dependent Facilities Section or the Habitat Protection Section of this Chapter.

J.    Intrafamily Transfers

1.  Definitions. In this section the following words have the meanings indicated:

a.   "Bona Fide Intrafamily Transfer" means a transfer to a member of the owner's immediate family of a portion of the owner's property for the purpose of establishing a residence for that family member.

b.  "Immediate Family" means a father, mother, son, daughter, grandfather, grandmother, grandson or granddaughter.

2.  Applicability. The Town shall permit bona fide intrafamily transfers to be made only from parcels of land that:

a.   Were of Record on March 1, 1986; and

b.  Are 7 acres or more and less than 60 acres in size.

3.  Required subdivision. A bona fide intrafamily transfer from a parcel of land shall be a subdivision of the parcel of land that is subject to approval under the Subdivision Regulations of the Town.

4.  Approval of subdivision of parcels. The Town may approve the subdivision of a parcel of land into the number of lots indicated in this subsection by means of a bona fide
 
intrafamily transfer and may not approve any greater subdivision of the parcel of land or any portion of it as follows:

a.   A parcel that is seven acres or more and less than 12 acres in size may be subdivided into two lots.

b.  A parcel that is 12 acres or more and less than 60 acres in size may be subdivided into three lots. The lots may be created at different times.

5.  Conditions of approval. As a condition of approval the Town shall require that:

a.   Any deed for a lot that is created by a bona fide intrafamily transfer shall contain a covenant approved by the Planning Commission stating that the lot is created subject to the provisions of Natural Resources Article Section 8-1801, Annotated Code of Maryland, and

b.  A lot created by a bona fide intrafamily transfer may not be conveyed subsequently to any person other than a member of the owner's immediate family, except under provisions set forth in J.6.of this section.

c.   This subsection does not prevent the conveyance of the lot to a third party as security for a mortgage or deed of trust.

6.  Standards and procedures for subsequent conveyance of lots. The following standards and procedures are established as part of this Program to permit the subsequent conveyance of lots to persons other than immediate family members under certain circumstances. The applicant shall demonstrate to the Planning Commission that:

a.   The lot was created as part of a bona fide intrafamily transfer and not with the intent of subdividing the original parcel of land for purposes of ultimate commercial sale; and

b.  A change in circumstances has occurred since the original transfer was made that is not inconsistent with this subtitle and that warrants an exception; or there are other circumstances that are consistent with this Program to maintain land areas necessary to support the protective uses of agriculture, forestry, open space and natural habitats in Resource Conservation Areas and thus warrant an exception.

K.  Water Dependent Facilities.

1.  Definition. "Water-dependent facilities" means those structures or works associated with industrial, maritime, recreational, educational or fisheries activities that require location at or near the shoreline within the Buffer specified in §158.49 T. of this Chapter. An activity
 
is water-dependent if it cannot exist outside the Buffer and is dependent on the water by reason of the intrinsic nature of its operation.

2.  Identification. These activities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities. Excluded from this regulation are individual private piers installed or maintained by riparian landowners, and which are not part of a subdivision which provides community piers.

3.  Policies. The policies of the Town with regard to water-dependent facilities shall be to
limit development activities in the Buffer to those that are water-dependent and provide by design and location criteria that these activities will have minimal individual and cumulative impacts on water quality and fish, wildlife, and plant habitat in the Critical Area.

4.  Criteria. The following criteria shall apply to new or expanded development activities associated with water -dependent facilities:

a.   New or expanded development activities may be permitted in the Buffer in the
Intensely Developed and Limited Development Areas provided that it can be shown: (1) That they are water-dependent;
(2) That the project meets a recognized private right or public need;

(3) That adverse effects on water quality, fish, plant and wildlife habitat are minimized;

(4) That, insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the buffer; and
(5) That the facilities are consistent with an approved local plan as set forth below. b.  Except as otherwise provided in this Chapter, new or expanded development activities
may not be permitted in those portions of the Buffer which occur in Resource
Conservation Areas.

5.  Implementation. Applicants for new or expanded water-dependent facilities in Intensely Developed Areas or Limited Development Areas shall set out in the application how the above requirements are met.
 
6.  Evaluating new and expanded water-dependent facilities. The Town shall evaluate on a
case by case basis all proposals for expansion of existing or new water-dependent facilities. The Town shall work with appropriate State and federal agencies to ensure compliance
with applicable regulations. The following factors shall be considered when evaluating proposals for new or expanded water dependent facilities:

a.   That the activities will not significantly alter existing water circulation patterns or salinity regimes;

b.  That the water body upon which these activities are proposed has adequate flushing characteristics in the area;

c.   That disturbance to wetlands, submerged aquatic plant beds, or other areas of important aquatic habitats will be minimized;

d.  That adverse impacts to water quality that may occur as a result of these activities, such as non-point source run-off, sewage discharge from land activities or vessels, or from boat cleaning and maintenance operations, is minimized;

e.   That shellfish beds will not be disturbed or be made subject to discharge that will render them unsuitable for harvesting;

f.    That dredging shall be conducted in a manner, and using a method which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the critical area, generally;

g.   That dredged spoil will not be placed within the Buffer or elsewhere in that portion of the Critical Area which has been designated as a Habitat Protection Area except as necessary for:

(1) Backfill for permitted shore erosion protection measures; (2) Use in approved vegetated shore erosion projects;
(3) Placement on previously approved channel maintenance spoil disposal areas;
and

(4) Beach nourishment.
h.  That interference with the natural transport of sand will be minimized; and i.    That disturbance will be avoided to historic areas of waterfowl staging and
concentration.
 

7.  Availability of information. The information necessary for evaluating the above factors, if not available locally, shall be obtained from appropriate State and Federal agencies.

8.  Industrial and port-related facilities. New, expanded or redeveloped industrial or port- related facilities and the replacement of these facilities may be permitted only in those portions of Intensely Developed Areas designated as Buffer Exemption Areas in accordance with §158.49 T. of this Chapter and are subject to the factors set forth in this section.

9.  Marinas and other commercial maritime facilities. New, expanded or redeveloped marinas may be permitted in the Buffer within Intensely Developed Areas and Limited Development Areas subject to the requirements set forth in this section. New marinas or related maritime facilities may not be permitted in the Buffer within Resource Conservation Areas except as provided in paragraph 12 below. Expansion of existing marinas may be permitted by the County within Resource Conservation Areas provided that it is sufficiently demonstrated that the expansion will not adversely affect water quality, and that it will result in an overall net improvement in water quality at or leaving the site of the marina. New and existing marinas shall meet the sanitary requirements of the State Department of the Environment as required in COMAR 26.04.02. New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters.

10. Community piers. New or expanded community marinas and other non-commercial boat- docking and storage facilities may be permitted in the Buffer subject to the requirements in this section of the zoning Chapter provided that:

a.   These facilities may not offer food, fuel, or other goods and services for sale and shall provide adequate and clean sanitary facilities;

b.  The facilities are community-owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision;
c.   The facilities are associated with a residential development approved by the Town for the Critical Area and consistent with all State requirements and program requirements for the Critical Area;

d.  Disturbance to the Buffer is the minimum necessary to provide a single point of access to the facilities; and

e.   If community piers, slips, or moorings are provided as part of the new development, private piers in the development are not allowed.
 
11. Number of slips or piers permitted. The number of slips, or piers permitted at the facility shall be the lesser of a. or b. below:

a.   One slip for each 50 feet of shoreline in the subdivision in the Intensely Developed and Limited Development Areas and one slip for each 300 feet of shoreline in the subdivision in the Resource Conservation Area; or

b.  A density of slips, or piers to platted lots or dwellings within the subdivision in the
Critical Area according to the following schedule:


Platted Lots or Dwellings in the
Critical Area    
Slips

up to 15    
1 for each lot

16 - 40    
15 or 75% whichever is greater

41 - 100    
30 or 50% whichever is greater

101 - 300    
50 or 25% whichever is greater

over 300    
75 or 15% whichever is greater


12. Public beaches, recreation or education areas. Public beaches or other public water- oriented recreation or education areas including, but not limited to, publicly owned boat launching and docking facilities and fishing piers may be permitted in the Buffer in Intensely Developed Areas. These facilities may be permitted within the Buffer in Limited Development Areas and Resource Conservation Areas provided that:

a.   Adequate sanitary facilities exist;

b.  Service facilities are, to the extent possible, located outside the buffer;

c.   Permeable surfaces are used to the extent practicable, if no degradation of groundwater would result;

d.  Disturbance to natural vegetation is minimized; and

e.   Areas for passive recreation, such as nature study, and hunting and trapping, and for education, may be permitted in the Buffer within Resource Conservation Areas if service facilities for these uses are located outside of the Buffer.
 
13. Research areas. Water-dependent research facilities or activities operated by State, Federal, or local agencies or educational institutions may be permitted in the Buffer, if non-water- dependent structures or facilities associated with these project are, to the extent possible, located outside of the Buffer.

14. Fisheries activities. Lands and water areas with high aquacultural potential will be identified by the Town in cooperation with the State when applications for new or expanded fisheries or aquaculture facilities in these areas are submitted to the Town. These areas are encouraged for that use and if so used, should be protected from degradation by other types of land and water use or by adjacent land and water uses. Commercial water-dependent fisheries including, but not limited to structures for crab shedding, fish off-loading docks, shellfish culture operations and shore-based facilities
necessary for aquaculture operations and fisheries activities may be permitted in the Buffer in Intensely Developed, Limited Development and Resource Conservation Areas.

L.  Structures on Piers.

1.  Definition. “Pier” means any pier, wharf, dock, walkway, bulkhead, breakwater, piles or other similar structure. “Pier” does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of State or private wetlands.

2.  Standards. Except as provided in paragraphs a., b., and c. below, the Town may not issue a building permit for any project involving the construction of a dwelling unit or other non- water-dependent structure on a pier located on State or private tidal wetlands within the Critical Area.

a.   The Town may issue a building permit for a project involving the construction of a dwelling unit or other non-water-dependent structure on a pier located on State or private wetlands within the Critical Area that was issued a permit by the Department of Natural Resources on or before January 1, 1989.

b.  The Town may issue a building permit for a project involving the construction of a dwelling unit or other non-water-dependent- structure on a pier located on State or private wetlands within the Critical Area if the following conditions exist:

(1) The project is constructed on a pier that existed as of December 1, 1985 that can be verified by a Department of Natural Resources aerial photograph dated 1985, accompanied by a map of the area;

(2) The project does not require an expansion of the pier greater than 25% of the area
of piers or dry docks removed on the same property; however, additional expansion may be allowed in the amount of 10% of the water coverage eliminated by removing complete piers from the same or other properties. If the horizontal
 
surface of a pier to be removed is not intact, but pilings identify its previous size, then that area may be used in determining the additional expansion permitted. The project expansion based on water coverage eliminated can be considered only if all nonfunctional piers on the property are removed except for the project pier. The total expansion may not exceed 35% of the original size of the piers and dry docks removed;

(3) The project is approved by the Planning Commission or their designee.

(4) The project is located in an Intensely Developed Area (IDA) as designated in programs approved by the Critical Area Commission.

c.   The Town may issue a building permit for the repair of an existing dwelling unit or other non-water-dependent structure on a pier located on State or private wetlands within the Critical Area.

d.  If a structure that is not water-dependent is to be permitted by the Town under the exceptions included in this Section, an applicant is required to demonstrate that the project will meet the following environmental objectives using the standards established under the Town’s Critical Area Program:

(1) The construction and operation of the project will not have a long term adverse effect on the water quality of the adjacent body of water;

(2) The quality of stormwater runoff from the project will be improved; and

(3) Sewer lines or other utility lines extended for the pier will not affect the water quality of adjoining waters.

M. Shore Erosion Protection Works.

1.  Definition. “Shore erosion protection works” means those structures or measures constructed or installed to prevent or minimize erosion of the shoreline in the Critical Area. The use of structural devices to protect the shoreline from erosion can result in a
significant disturbance to the aquatic environment and increase erosion downstream. This section sets forth a plan for limiting the use of structural erosion control devices to only those areas where major erosion problems exist. As an alternative to structural erosion controls, the Town encourages the use of non-structural controls such as marsh creation, maintenance of buffer zones, and the establishment of natural barriers to prevent intrusion on fragile vegetative shoreline. The criteria set forth in this Chapter are not intended to apply to those structures necessarily associated with water-dependent facilities as discussed in §158.49 K. of this Chapter.
 
2.  General policies. In protecting shore areas from erosion the Town shall follow these policies:

a.   Encourage the protection of rapidly eroding portions of the shoreline in the Critical
Area by public and private landowners;

b.  Where such measures can effectively and practically reduce or prevent shore erosion, encourage the use of non-structural shore protection measures in order to conserve and protect plant, fish and wildlife habitat.

3.  Identification. Shoreline areas of the Town were surveyed to identify those areas where erosion was occurring and where erosion control would or would not be needed. Areas where non-structural erosion control devices could be effectively used were identified as well as areas where erosion was so severe that only structural measures could be effectively used to control the erosion. The study considered the following criteria and shoreline characteristics:

a.   Areas where no appreciable erosion appeared;

b.  Areas where appreciable erosion appeared and where non-structural measures would be practical and effective; and

c.   Areas where appreciable erosion appeared and where non-structural measures would not be practical in controlling erosion.

4.  Standards for erosion protection. The Town shall consider the following standards when evaluating shore erosion control projects:

a.   Structural control measures shall only be used in areas where appreciable erosion occurs and where non-structural measures would not be practical or effective in controlling erosion.

b.  Where structural erosion control is required, the measure that best provides for conservation of fish and plant habitat, and which is practical and effective shall be used;

c.   Non-structural measures shall be utilized in areas of erosion where they would be a practical and effective method of erosion control;

d.  Structural erosion measures shall not be encouraged in areas where no significant erosion occurs;
 
e.   If significant alterations in the characteristics of a shoreline occur, the measure that best fits the change may be used for sites in that area.

5.  Implementation. The Town shall require that each application for shore erosion protection demonstrate how it complies with the preceding standards.

6.  Shoreline changes. The Town recognizes that storms and other natural events may change current shoreline erosion patterns. As such, an individual may request the use of a structural erosion control device in an area currently designated for non-structural controls. This request must be accompanied by documentation which identifies the specific location of the site to be protected, and a description of the event or events which led to the change in the erosion pattern.

7.  Process. The Town, in reviewing any application for a permit for structural erosion control devices, shall refer the application to the Soil Conservation District and to the Maryland Department of the Environment for field verification of the need for the structural erosion control as well as for recommendations on proposed erosion control mechanisms.

a.   Any application made to the Town for the installation of an erosion control device must, at a minimum, include all of the following information:

(1) Photograph of erosion problem;

(2) The specific location of the site on a USGS 7.5 topographic map; (3) Soil type and erodibility;
(4) Proposed and existing land use.

b.  Applications must include appropriate authorization from the Maryland Department of the Environment and the U.S. Army Corps of Engineers.

c.   For projects that involve shoreline tree clearing, applicants shall be required to reforest the Buffer.

N.  Forest and Woodland Protection.

1.  General Policies. The following policies for forest and woodland protection recognize the value of forested land for its water quality benefits and for habitat protection while accommodating the utilization of forest resources:

a.   Maintain and increase the forested vegetation in the Critical Area;
 
b.  Conserve forests and developed woodlands and provide for expansion of forested areas;

c.   Provide that the removal of trees associated with development activities shall be minimized and, where appropriate, shall be mitigated; and

d.  Recognize that forests are a protective land use and should be managed in such a manner so that maximum values for wildlife, water quality, timber, recreation, and other resources can be maintained, even when they are mutually exclusive.

2.  Identification. The Town has identified and mapped forests and developed woodlands within the Critical Area and has identified and mapped habitat protection areas as described in §158.49 S. through W.. More detailed evaluation of forest resources on specific sites shall be accomplished as part of the environmental analysis required prior to site plan and subdivision approval.

3.  Policies for the Protection of Riparian Forest Habitat. The protection of riparian habitat shall be accomplished through the following policies:

a.   Vegetation shall be maintained in its natural condition along all streams to provide wildlife corridors.

b.  A minimum 100-foot Buffer shall extend landward from the mean high water line of tidal water, tributary streams, and tidal wetlands. This area is to be conserved for wildlife protection.

c.   Non-tidal wetland forests should be left in a natural state for wildlife and water quality protection.

d.  Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species (for example relatively mature forested areas within the Critical Area of 100 acres or more, or forest connected with these areas) shall be conserved.

e.   Existing riparian forests (for example, those relatively mature forest of at least 300 feet in width which occur adjacent to streams, wetlands, or the Bay shoreline and which are documented breeding areas shall be conserved.

4.  Process. If a forest is to be developed, a site-specific field investigation shall be conducted to determine important sensitive species present and to make sure that appropriate protection measures are incorporated into the development plan.  The Department of Natural Resources will make specific recommendations based on an evaluation of the site and the proposed development. In general, the following measures are recommended:
 
a.   Minimize forest and woodlands disturbance from May through August of each year;

b.  Focus all development on the periphery of the forest or woodlands;

c.   Retain the forest canopy as well as shrub understory;

d.  Retain snag and mature seed trees as dens for woodpeckers and as nests for bald eagles;

e.   Discourage the creation of small clearings and expansion of forest edge habitats; and f.    Encourage re-establishment of native forests and woodlands.
5.  Policies for the establishment or replacement of forest. The following policies should be used for afforestation and reforestation:

a.   The replacement or establishment of forests or developed woodlands should ensure a diversified plant community and should include canopy trees, understory trees, shrub scrub and herbaceous plants;

b.  Native species should be used for all reforestation and afforestation;

6.  Tree cutting in the Buffer. The Buffer shall be managed to achieve or enhance the policies stated in §158.49 T.3. Any cutting as allowed below, shall require a Buffer Management Plan approved by the Planning Commission or their designee. Cutting or clearing of trees within the Buffer shall be prohibited except that:

a.   Cutting of trees or removal of natural vegetation may be permitted where necessary to provide access to private piers, or to install or construct a shore erosion protection device or measure, or a water-dependent facility, providing the device, measure or facility has received all necessary State and Federal permits.
b.  Individual trees may be cut for personal use providing that this cutting does not impair the water quality or existing habitat value or other functions of the Buffer as set forth in the policies of this plan and provided that the trees are replaced in the Buffer on an equal basis for each tree cut.

c.   Individual trees may be removed which are in danger of falling and causing damage to dwellings or other structures, or which are in danger of falling and therefore causing the blockage of streams, or resulting in accelerated shore erosion.

d.  Horticultural practices may be used to maintain the health of individual trees.
 
e.   Other cutting techniques may be undertaken within the Buffer and under the advice and guidance of the State Departments of Agriculture and Natural Resources, if necessary
to preserve the forest from extensive pest or disease infestation or threat from fire. O.  Commercial Timber Harvesting.
1.  Policies. A goal of the Critical Area program is to maintain or increase the lands in forest cover, because forests provide protection of the water quality and habitat values of the Chesapeake Bay and its tributaries.

2.  Procedures. Landowners proposing to harvest timber within any one year interval and affecting one or more acres in the Critical Area shall submit a "Timber Harvest Plan”.
This plan shall be prepared by a registered professional forester. The Timber Harvest Plan shall be reviewed and approved by the Department of Natural Resources and the District Forestry Board.

3.  Timber Harvest Plan contents. Plans shall include measures to protect surface and groundwater quality and identify whether the activities will disturb or affect Habitat Protection Areas as identified in §158.49 S. through W. of this Chapter and shall incorporate protection measures for these areas as specified in that section. To provide for the continuity of habitat, the plans shall address mitigation through forest management techniques which shall include scheduling size, timing and intensity of harvest cuts, afforestation and reforestation.

4.  Sediment Control Plan. In the Town of Greensboro Critical Area, any landowner who plans to harvest timber on an area which will disturb 5,000 square feet or more including harvesting on agricultural lands shall submit a Sediment Control Plan. This plan shall be developed according to the State guidelines entitled: "Standard Erosion and Sediment Control Plan for Harvest Operations". The operations shall be implemented in accordance with specifications set out by the Department of Natural Resources and enforced by the Department of the Environment and the Town.

5.  Timber harvest in the Buffer. The Buffer shall be managed to achieve the water quality and habitat functions set forth in §158.49.T of this Chapter. Cutting or clearing of trees within the Buffer shall be prohibited except that:

a.   Commercial harvesting of trees by selection or by the clearcutting of loblolly pine and tulip poplar may be permitted to within 50 feet of the landward edge of the mean high water line of tidal waters and perennial tributary streams, or the edge of tidal wetlands, provided that this cutting is conducted in conformity with §158.49 N. of this Chapter and in conformance with a Buffer Management Plan prepared by a registered, professional forester and approved by the Maryland Department of Natural Resources.
 
b.  A Buffer Management Plan shall be required for all commercial harvests within the Buffer, regardless of the size of the area to be cut, and shall comply with the following minimum requirements:

(1) Disturbance to stream banks and shorelines shall be avoided;

(2) Areas disturbed or cut shall be replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife and re-establishes the wildlife corridor function of the Buffer;

(3) The cutting may not involve the creation of logging roads and skid trails within the
Buffer; and

(4) Commercial harvesting practices shall be conducted to protect and conserve the
Habitat Protection Areas in accordance with §158.49 S. through W. of this Chapter.

c.   Commercial harvesting of trees, by any method, may be permitted to the edge of intermittent streams provided that the cutting is conducted pursuant to the requirements of paragraph O.5. above.

6.  Other requirements. Forest and timbering operations within the Critical Area shall conform to all other requirements of this Chapter.

P.  Agriculture.

1.  General policies. The Town shall follow all of the following policies with regard to agriculture in the Critical Area:

a.   Assure that agricultural lands are identified and that programs are established for the Critical Area to maintain, where appropriate, agricultural lands in agricultural use, to the greatest extent possible.

b.  Recognize that agriculture is a protective land use that should be properly managed so that it minimizes its contribution to pollutant loadings to the Bay and its tributaries.

c.   Assure that the creation of new agricultural lands is not accomplished:

(1) By diking, draining or filling of any nontidal wetlands unless mitigation is accomplished in accordance with as applicable State and Town regulations;

(2) By clearing of forests or woodlands on soils with a slope greater than 15%; or on soils with a "K" value greater than .35 and slope greater than 5%;
 
(3) If the clearing will adversely affect water quality or will destroy plant and wildlife habitat as defined in this Chapter; or

(4) By the clearing of existing natural vegetation within the Buffer as defined in this
Chapter.

d.  Assure that the drainage of non-tidal wetlands for the purpose of agriculture be done in accordance with a Soil Conservation and Water Quality Plan, approved by the Caroline County Soil Conservation District.

e.   Assure that Best Management Practices for the control of nutrients, animal wastes, pesticides and sediment runoff be used to protect the productivity of the land base and enhance water quality. These practices shall minimize contamination of surface and groundwater and further, shall minimize adverse effects on plants, fish and wildlife resources.

f.    Assure that animal feeding operations, including retention and storage ponds, feed lot waste storage and manure storage minimize the contamination of water bodies.

g.   Assure that agricultural activity permitted within the Critical Area use Best Management Practices in accordance with a Soil Conservation and Water Quality Plan approved by the Caroline County Soil Conservation District.

2.  Identification. The Town recognizes Caroline County's intent to maintain agriculture and forestry as viable and productive land uses. The County has developed an Agricultural Protection Plan as part of the Critical Area Program. These plans have been developed in cooperation with the Soil Conservation Districts, the County Agricultural Land Preservation Advisory Boards and other appropriate agencies. The County has inventoried and mapped the general extent of agricultural lands within the Critical Area and has also mapped the Habitat Protection Areas referenced in §158.49 S. through W. of this Chapter. These maps shall be used to make an initial determination regarding how a proposed agricultural activity may adversely impact a Habitat Protection Area.

3.  Standards. The following performance standards shall be adopted for all land in agricultural use or to be converted to agricultural use within the Critical Area:

a.   The Town hereby incorporates the agricultural components of the Clean Water Act and other State and local water quality programs into this Chapter. These components shall be applicable to all agricultural activities in the Critical Area.

b.  Soil Conservation and Water Quality Plans and Best Management Practices shall be developed and implemented for those portions of farms which lie within the Critical Area. Local farmers shall cooperate with the Caroline County Soil Conservation
 
District for approval of their proposed plans. Landowners who have signed up as Conservation District operators but who do not have a Conservation Plan prepared for them by the local Conservation District shall be allowed to continue to farm until a Conservation Plan is developed provided that the goals of this program are being met.

c.   A landowner shall select and implement, with the assistance of a technically trained soil conservation planner or technician, from among the several best management practices that minimize impacts to water quality, conserve fish, wildlife, and plant habitat, and integrate best with the farming operation.

d.  Until such time as the farm plans are developed and implemented, farmers shall as a part of the program be encouraged to use the following practices:

a.   Cover crops shall be planted to reduce erosion.

(2) Nutrients shall be applied at the appropriate time and appropriate methods shall be used.

(3) Reduced tillage (e.g. “no-till) practices shall be utilized where practical. (4) Crop rotations shall be implemented.
4.  Agriculture in the Buffer. Agricultural activities are permitted in the Buffer, if, as a minimum best management practice, a 25-foot vegetated filter strip measured landward from the mean high water line of tidal waters or tributary streams (excluding drainage ditches), or from the edge of tidal wetlands, whichever is further inland, is established and further provided that:

a.   The filter strip shall be composed of either trees with a dense ground cover or a thick sod of grass and shall be so managed as to provide water quality benefits and habitat protection consistent with the policies stated above. Noxious weeds, including Johnson grass, Canada thistle, and multiflora rose, which occur in the filter strip, may be controlled by authorized means;

b.  The filter strip shall be expanded by a distance of 4 feet for every 1% of slope, for slopes greater than 6%;

c.   The 25-foot vegetated filter strip shall be maintained until such time as the landowner is implementing, under an approved Soil Conservation and Water Quality Plan, a program of best management practices for the specific purposes of improving water quality and protecting plant and wildlife habitat; and provided that the portion of the Soil Conservation and Water Quality Plan being implemented achieves the water quality and habitat protection objectives of the 25-foot vegetated filter strip;
 

d.  The best management practices shall include a requirement for the implementation of a grassland and manure management program where appropriate and that the feeding or watering of livestock, may not be permitted within 50 feet of the mean high water line of tidal water and the edge of the bank of tributary streams and the landward edge of tidal wetlands within the Critical Area:

e.   Clearing of existing natural vegetation in the Buffer is not allowed; and

f.    Farming activities, including the grazing of livestock, shall not disturb stream banks, tidal shorelines or other Habitat Protection Areas as described in this Chapter.

g.   Where agricultural use of lands within the Buffer ceases and the lands are proposed to be converted to other uses, the Buffer shall be established. In establishing the Buffer, management measures shall be undertaken to provide forest vegetation that assures the Buffer functio