MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

July 17, 2007

             The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, MD.  The following members of the Board were present:

            William C. Manlove, Commissioner

            Mark H. Guns, Vice President

            Rebecca J. Demmler, Commissioner

            Brian Lockhart, Commissioner

            Wayne L. Tome, Sr., Commissioner

 Constituting a full Board.

             The Board adjourned into a closed session at its July 2, 2007 work session.  Motion was made by Commissioner Tome, seconded by Commissioner Lockhart to adjourn to closed session and unanimously carried, pursuant to the Annotated Code of Maryland State Government 10-508 (a) (3) and (14).

             The Board adjourned into a closed session at its July 17, 2007 work session.  Motion was made by Vice President Guns, seconded by Commissioner Tome to adjourn to closed session and unanimously carried, pursuant to the Annotated Code of Maryland State Government 10-508 (a) and (14).

             The meeting of the Board of County Commissioners for Cecil County, July 17, 2007 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.

             The minutes from the June 19, 2007 meeting of the Board of County Commissioners were unanimously approved.

             The minutes from the July 2, 2007 rezoning hearing were unanimously approved.

             -COMMISSIONERS' COMMENTS-

 President Manlove -commented on the Uppershore Regional meeting that he and Commissioner Demmler attended earlier in the week.

 Commissioner Lockhart - offered no comment.

 Commissioner Demmler - offered no comment.

 Commissioner Tome - offered no comment.

 Vice President - offered no comment.

 -          TREASURER'S REPORT -

 Pamela Howard, Treasurer for Cecil County presented the Treasurer's Report for the period ending June 30, 2007.  A copy of this report is incorporated into these minutes.

 -          RECYCLING AWARDS -

             Peter Beinek, Superintendent, Solid Waste Division and Tonya Adams, Recycling Coordinator presented awards to the following for their efforts in recycling:

             Corron Trash Services              Town of Elkton

            W.L. Gore                               Nationwide Recycling

 -          PUBLIC HEARINGS-

 -          AMENDMENT TO THE MASTER WATER & SEWER PLAN - WATER SERVICE AREA TO INCLUDE WHITAKER WOODS SUBDIVISION, FINEBURG VILLAGE AND MEADOWRUN SUBDIVISIONS AS A W-2 SERVICE AREA -

             Eric Sennstrom, Director of Planning & Zoning conducted a public hearing to amend the Master Water & Sewer Plan to include the Whitaker Woods, Fineburg Village and Meadowrun Subdivisions as a W-2 service area.  The amendment is being requested as a result of recent water problems in the Whitaker Woods subdivision, wherein, several wells have failed.

             The Planning Commission has recommended approval of the amendment at the July 16, 2007 meeting.

 COMMENT- OPPOSITION/SUPPORT:

 Rupert Rossetti, commented relating to the failing stormwater management plan and urged the Board to consider alternatives such as recharge of acquifiers.

 Owen Thorne, commented relating to the exploration of alternative groundwater recharges.

 The amendment will be presented for consideration at the August 21, 2007 meeting of the Board.

 -          TEXT AMENDMENT - CECIL COUNTY ZONING ORDINANCE ADD ARTICLE V, PART XII, SECTION 160 - NEIGHBORHOOD ESSENTIAL SERVICES -

             Director Sennstrom conducted a public hearing relating to a proposed text amendment to the Cecil County Zoning Ordinance to add Article V Part XII, Section 160 as follows:

 ARTICLE V, PART XII, Section 160 Neighborhood Essential Services

 Neighborhood essential services shall be permitted in all zones provided:

 All water and sanitary sewer pump stations, shared water systems, sewage treatment facilities and/or wastewater treatment plants shall be placed in a soundproof building that utilizes the latest odor control techniques and shall be screened by a vegetative buffer meeting the Bufferyard E 1.0 standard of Appendix B.  The noise emitted from the structure shall not exceed 75 dBA at the nearest property line. The Bufferyard E 1.0 standard may be modified by the Office of Planning & Zoning to a 0.75 or 0.60 when it is demonstrated that the modification will not have an adverse effect on adjacent properties and that the modification will contribute to a better design.  Water conveyance pipes and sewage collection pipes do not need to comply with this requirement;

1. All water and sanitary sewer pump stations, shared water systems, sewage treatment facilities and/or wastewater treatment plants established in existing communities shall be placed in a soundproof building and shall be screened by an evergreen vegetative buffer approved by the Office of Planning & Zoning.  Water conveyance pipes and sewage collection pipes do not need to comply with the setback requirement;
2. The soundproof buildings will have an exterior façade that is harmonious and consistent with the character of the surrounding neighborhood.  A lighting plan must be approved by the Office of Planning and Zoning.  Exterior lighting shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect adjoining properties or shine into residential structures;
3. A landscape plan for the Bufferyard E or vegetative buffer, prepared by a Landscape Architect, shall be approved by the Office of Planning and Zoning.  A landscape agreement must be executed for the Bufferyard E or evergreen vegetative buffer and be accompanied by a performance bond or other form of surety executed by the developer in the amount of 100% of the proposed plant materials, labor and maintenance costs.  The minimum caliper of a canopy, understory or evergreen planting shall be 1".  The amount of surety may be released in accordance with Article X, Section 188 of the Zoning Ordinance;
4. The developer shall notify all property owners within a 500' radius of the proposed location of the treatment plant and/or pumping station of the impending location of the facility and shall provide proof of said notification to the County.
5. These regulations shall only apply to any water treatment plant, wastewater treatment plant, or pump station constructed after the adoption of these regulations.  Existing plants and pump stations will not be required to retrofit to meet these standards.

            The Planning Commission recommended approval of the proposed text amendment at their July 16, 2007 meeting conditioned upon grandfathering (exempt) after final plat approval and adjoining properties receiving nor more than 65 decibels (daytime) and 55 decibels (nighttime) for noise control.

             The proposed amendment will be presented to the Board at their August 21, 2007 meeting for consideration.

COMMENT - OPPOSITION/APPROVAL -

 Mike Pugh - commented in favor of the Planning Commission's recommendation of grandfathering in current projects.

 Rupert Rossetti - commented in support of the lower decibel recommendation.

 Alice Arbuckle, Matthew Bathon Drive, Elkton, MD - commented relative to increased fees for major subdivision applications and review fees.

 -          TEXT AMENDMENT - SUBDIVISION REGULATIONS - AMEND ARTICLE III, SECTION 3.9; AMEND ARTICLE IV, SECTION 4.0,4.1.4.2; Add Appendix A - Fee Schedule, Amend Appendix B - SUBMITTAL SCHEDULE:

             Director Sennstrom presented a proposed text amendment to the Subdivision Regulations as follows:

 RELATING TO PUBLIC NOTIFICATION SIGNAGE

 3.9.1      -        The Public Notice sign shall contain the following information:

                                    (a) Property owner/developer, address, telephone number

                                    (b) Acreage, zoning

                                    (c) Proposed number of lots/units

                                    (d) Office of Planning and Zoning telephone number.

 Said notice shall be placed on the property to be subdivided prior to the first Technical Advisory Committee meeting for a proposed development submission of plats for the Technical Advisory Committee's first review of the proposed subdivision.  The subdivider shall take reasonable care to ensure that said notice shall remain in good repair and legible until the Final Plat(s) has (have) been approved. 

 RELATING TO CONCEPT PLATS

 4.0.1      -         For projects involving less fewer than ten (10) lots or less fewer than twenty-five (25) acres from the original parcel of record, the subdivider may prepare a concept plat of the proposed subdivision conforming with the requirements set forth in these regulations and submit said plat as stipulated in Appendices A and B to the Planning Department Office of Planning and Zoning.  For projects involving more than ten (10) lots or more than twenty-five (25) acres from the original parcel of record, whichever is more restrictive, the subdivider shall prepare a concept plat of the proposed subdivision conforming with the requirements set forth in these regulations and submit said plat to the Planning Department Office of Planning and Zoning.

4.0.2      -         The concept plat will also be scheduled for a Technical Advisory Committee meeting for review by committee members and representatives of the developer.  Concept plats for subdivision of more than ten (10) lots or more than twenty-five (25) acres from the original parcel of record, whichever is more restrictive, will be scheduled for review by the Planning Commission at its regular meeting.  If, for any reason, after Technical Advisory Committee review, a concept plat is revised to propose fewer lots but the same layout, said revised concept plat does not first have to be re-reviewed by the Technical Advisory Committee before being scheduled for review by the Planning Commission.     Concepts Plats submitted to the Technical Advisory Committee or the Planning Commission shall adhere to the filing schedule as prescribed by the Office of Planning and Zoning.

 4.0.3      -         It shall be the responsibility of the Planning Department Office of Planning and Zoning to distribute plat and information to other agencies and to notify the developer as to the time, date, and place of the meeting regarding his development.  All such Technical Advisory Committee and Planning Commission meetings shall be open to the public.

4.0.4      -         The concept plat shall be checked by the Planning Department Office of Planning and Zoning, Public Works Department, and Health Department as to its conformity with all plans and ordinances in effect.  Each agency to which a plat is distributed shall submit written comments or can present their views and comments at the Technical Advisory Committee meeting.  If such agency comments are not made to the Office of Planning and Zoning prior to review by the Planning Commission, the Concept Plat shall be considered acceptable to the respective agency, and the Planning Commission may proceed to take action upon the plat at a regularly scheduled subdivision review meeting.

 4.0.5      -         No changes proposed.

 4.0.6      -         The Technical Advisory Committee will in general be reviewing the sketch plat Concept Plat with regard to the following points:

 (a)    Interior street configuration

(b)   Entrance locations (both street and driveways)

(c)    Traffic effect on existing and proposed roads

(d)   Water and sewer facilities

(e)    Feasibility of a subdivision in the area

1.      Total number and size of lots

2.      Effect on school district and school bus service

3.      Approximate lot layout and other reserved areas, if any

(f)     New land development technique

(g)    The affect on waterways, shorelines, due to run-off, erosion, etc.

(h)    Consistency with the Cecil County Critical Area Program requirements.

(i)      Consistency with the Cecil County Forest Conservation Regulations.

 4.0.7      -         No changes proposed.

 4.0.8      -         The review by the Planning Commission of the Concept Plat does not guarantee subsequent approvals (i.e., preliminary or final approvals), but is only to allow the subdivider to determine feasibility of his project prior to incurring extensive costs for surveying and engineering and to determine the maximum density allowable on the parcel.  Acceptance for Planning Commission review does not guarantee approval.  Approval of a Concept Plat does not guarantee subsequent (i.e., Preliminary and Final) approvals.

 4.0.9      -         Approval of the density and layout of a Concept Plat shall be valid for a period of two (2) years from the date of Planning Commission approval.  Preliminary approval by the Planning Commission of any section of the Concept Plat shall extend the density approval of the Concept Plat for an additional one (1) year period from the date of said Preliminary Plat approval.  If a Preliminary Plat is not approved during the period Otherwise, then the developer may request an extension in accordance with Section 4.0.10.

 4.0.10      -       The Planning Commission may, at their regular monthly meeting, grant an extension of the density approval of a Concept Plat for one (1) year upon application of the developer.  If granted, said extension shall run for one (1) from the date said extension is granted.  In connection with such request, the Planning Commission shall consider the following:

                   (a)        Change in the zoning classification of the property.

(b)        Change in the Zoning Ordinance.

(c)        Change in the Subdivision Regulations.

(d)        Change in the Comprehensive Plan.

(e)        Change in the Critical Area designation of the property.

(f)         Change in the Critical Area Program.

(g)        Change in the Forest Conservation Regulations.

                         A request for extension of the density approval of a Concept Plat shall be filed in accordance with the filing schedule as prescribed by the Office of Planning and Zoning no later than the date of the submission deadline for the Planning Commission meeting prior to the expiration of said Concept Plat, as established in Appendices A and B of these Regulations.

 4.0.11      -       No changes proposed.

 4.0.12      -       No changes proposed.

 4.0.13      -       Required information:

 (a)    Concept plats Plats will shall be submitted on paper and shall be clear and legible.  Illegible plats will be discarded and the subdivider notified.  Incomplete plats will not be accepted by the Office of Planning and Economic Development Zoning.  For Planning Commission review only, a Concept Plat shall be not considered complete if the Forest Stand Delineation has not been approved prior to submission of said Concept Plat (if in the Critical Area, a Concept Plat will not be considered complete unless the Conceptual Environmental Assessment has been approved prior to submission of said Concept Plat).  In addition, for Technical Advisory Committee and Planning Commission review, a Concept Plat shall be not considered complete if the public notification sign(s) have not been properly installed, if the electronic version of the plat has not been submitted for posting on the County's website, and if the submission fee, established in Appendix A, has not been paid prior to submission of said Concept Plat.  Incomplete concept plats Concept Plats will be returned to the subdivider within fifteen (15) days of submission for completion and resubmission by the subdivider at a later date.

 (b)   A vicinity map indicating the location of the property with respect reference to surrounding property, and streets, landmarks, streams, etc.  Show all property owned according to the tax maps if only a part of the property is to be developed.  The tax map, block (grid), and parcel number(s) shall also be provided.

 (c)    No changes proposed.

(d)   No changes proposed.

(e)    No changes proposed.

(f)     No changes proposed.

(g)    No changes proposed.

(h)    No changes proposed.

(i)      No changes proposed.

(j)     No changes proposed.

(k)   No changes proposed.

 (l)     Zoning classification of the tract. Existing and any proposed zoning of the tract and adjacent property.  Any proposed zoning for the tract must be effectuated by a rezoning prior to the Planning Commission's review of the Concept Plat.

 (m)  No changes proposed.

(n)    No changes proposed.

(o)   No changes proposed.

RELATING TO PRELIMINARY PLATS

 4.1.1        -       The subdivider shall prepare a Preliminary Plat of the proposed subdivision conforming with the requirements set forth in these regulations and as stipulated in Appendices A and B, and submit said plat to the Planning Department Office of Planning and Zoning.

 4.1.2        -       No changes proposed.

 4.1.3        -       The Planning Department Office of Planning and Zoning will transmit the Preliminary Plat to the appropriate agencies.

 4.1.4        -       No changes proposed.

 4.1.5        -       It shall be the responsibility of the Office of Planning and Economic Development Zoning to distribute plats and information to other agencies, to receive comments from those agencies, and to notify the developer and the Technical Advisory Committee as to the time, date, and place of meetings and hearings regarding the development.  All such meetings shall be open to the public.  As applicable for subdivisions or development in the Critical Area District, the Technical Advisory Committee will obtain comments and recommendations of the Maryland Forest, Park and Wildlife Service Critical Area Commission staff, and other applicable State and/or Federal agencies for proposed subdivisions.

 4.1.6        -       Each agency to which a plat is referred distributed shall submit written comments denoting "Approval", "Conditional Approval", or Disapproval" for stated reasons or can present their views and comments at the Technical Advisory Committee meeting.  If such agency recommendation is comments are not made within forty-five (45) day of the date of submission to the Planning Department Office of Planning and Zoning prior to review by the Planning Commission by the subdivider, the plat shall be approved by it considered acceptable to the respective agency, and the Planning Commission may proceed to take action upon the plat at a regularly scheduled subdivision review meeting.

 4.1.7        -       No changes proposed.

 4.1.8        -       At the regularly scheduled subdivision review meeting of the Planning Commission, the Planning Department Office of Planning and Zoning will present the recommendations and findings of other agencies and the Department's Office's own recommendation of approval, conditional approval, or disapproval of the Preliminary Plat.

 4.1.9        -       No changes proposed.

 4.1.10      -       The Planning Commission will act either to:  approve, conditionally approve, or disapprove the Preliminary Plat at a regular subdivision review meeting.  A Preliminary Plat may be tabled only if the Commission feels it needs more information on some aspect of the proposal, pursuant to §4.1.14.  Approval is tentative involving the general acceptability of the layout submitted and shall in no way constitute approval of the Final Plat.  Preliminary Plat approval It shall be effective for a period of two years.

 4.1.11      -       Approval shall be noted in the meeting minutes and in a letter mailed to the applicant dated by the Commission signing two (2) copies of the Preliminary Plat, one of which shall be returned to the subdivider and the second retained by the Commission.

 4.1.12      -       No changes proposed.

4.1.13      -       No changes proposed.

4.1.14      -       No changes proposed.

4.1.15      -       No changes proposed.

4.1.16      -       No changes proposed.

4.1.17      -       No changes proposed.

 4.1.18      -       The Planning Commission may, at their regular monthly meeting, grant an extension of the Preliminary approval for one (1) year upon application of the developer.  If granted, said extension shall run for one (1) year from the date said extension is granted.  In connection with such request, the Commission shall consider the following:

                   (a)        Change of adjoining land use.

(b)        Change in street or highway plan.

(c)        Change in zoning or subdivision regulations.

                         A request for extension of a preliminary plat approval shall be filed in accordance with the filing schedule as prescribed by the Office of Planning and Zoning no later than the date of the submission deadline for the Planning Commission meeting prior to the expiration of said Preliminary Plat, as established in Appendices A and B of these Regulations.

 4.1.19      -       No changes proposed.

4.1.20      -       No changes proposed.

4.1.21      - >