[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 1-15-2002 as Subtitle II of Title 3 of Bill No. 01-21. Amendments
noted where applicable.]
(a)
Intent. In 1984, the Maryland General
Assembly passed the Chesapeake Bay Critical Area Act[1] in response to growing concern over the decline of the
quality and productivity of the waters of the Chesapeake Bay and its
tributaries. The decline was found to have resulted, in part, from
the cumulative effects of human activity that caused increased levels
of pollutants, nutrients, and toxins, and also from declines in protective
land uses such as forest land and agricultural land in the Bay region.
[1]
Editor's Note: See Natural Resources Article of the Annotated
Code of Maryland, § 8-1801 et seq.
(b)
Purpose. The General Assembly enacted
the Critical Area Act for the following purposes:
(1)
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 impacts to water quality
and natural habitats; and
(2)
To implement a 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.
(c)
Goals. The goals of the Critical Area
Program are to accomplish the following:
(1)
Minimize adverse impacts on water quality that result from pollutants
that are discharged from structures or run off from surrounding lands;
(2)
Conserve fish, wildlife, and plant habitat; and
(3)
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
people may have on the area.
(d)
Citing. This Subtitle may be cited as
the "Worcester County Chesapeake Bay Critical Area Ordinance."
(e)
Implementation. Worcester County adopted
its Critical Area Program on May 30, 1990. The Program consists of
this Subtitle, the County's Critical Area maps, the County's
Zoning and Subdivision Control Article, and any other portion of the
Code of Public Local Laws of Worcester County, Maryland, found to
be applicable. These provisions regulate development activities and
resource utilization activities, e.g., agriculture and forestry, within
the Critical Area. They supplement existing land use regulations by
imposing specific standards and requirements as set forth in the Critical
Area Criteria. Compliance with this Subtitle does not imply compliance
with any other local, state or federal law and does not remove responsibility
for compliance with such laws.
(f)
Territory affected. Within Worcester County, the Chesapeake
Bay Critical Area shall mean all lands and waters defined in § 8-1807
of the Natural Resources Article, Annotated Code of Maryland. They
include:
(1)
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, Annotated Code of Maryland.
(2)
All land and water areas within one thousand feet beyond the
landward boundaries of state or private wetlands and the heads of
tides designated under Title 9 of the Natural Resources Article, Annotated
Code of Maryland.
(g)
Description. The Critical Area of Worcester County contains
approximately fourteen thousand acres. Of this area about nine thousand
six hundred acres is in uplands excluding the uplands of the adjacent
incorporated towns of Pocomoke City and Snow Hill.
(h)
Severability. Should any section or provision of this Subtitle
be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the Subtitle as a whole
or any part thereof other than the part so declared to be unconstitutional
or invalid.
(a)
AFFORESTATION
AGRICULTURAL EASEMENT
AGRICULTURE
ANADROMOUS FISH
ANADROMOUS FISH PROPAGATION WATERS
AQUACULTURE
AREAS OF THREATENED AND ENDANGERED SPECIES
AREAS WITH SPECIES IN NEED OF CONSERVATION
BARREN LAND
BEST MANAGEMENT PRACTICES (BMPS)
BONA FIDE INTRAFAMILY TRANSFER
BUFFER
CLEARCUTTING
CLUSTER DEVELOPMENT
COLONIAL NESTING WATER BIRDS
COMMERCIAL HARVESTING
COMMISSION
COMMUNITY PIERS
COMPREHENSIVE OR MASTER PLAN
CONSERVATION EASEMENT
COVER CROP
CRITICAL AREA
(1)
(2)
DENSITY
DEVELOPED WOODLANDS
DEVELOPMENT ACTIVITIES
DOCUMENTED BREEDING BIRD AREAS
DWELLING UNIT
ECOSYSTEM
ENDANGERED SPECIES
EXCESS STORMWATER RUN-OFF
(1)
(2)
(3)
(4)
(5)
FISHERIES ACTIVITIES
FOREST
FOREST INTERIOR DWELLING BIRDS
FOREST MANAGEMENT
FOREST PRACTICE
GROWTH ALLOCATION
HIGHLY ERODIBLE SOILS
HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA
HYDRIC SOILS
HYDROPHYTIC VEGETATION
IMMEDIATE FAMILY
K VALUE
LAND-BASED AQUACULTURE
LAND CLEARING
LANDFORMS
MARINA
MATURE TREE
MEAN HIGH WATER LINE (MHWL)
NATURAL FEATURES
NATURAL HERITAGE AREA
NATURAL VEGETATION
NATURE DOMINATED
NON-POINT SOURCE POLLUTION
NON-RENEWABLE RESOURCES
NON-TIDAL WETLANDS
OFFSETS
OPEN SPACE
OVERBURDEN
PALUSTRINE
PHYSIOGRAPHIC FEATURES
PIER
PLANT HABITAT
PORT
PRIVATE HARVESTING
PROGRAM AMENDMENT
(1)
PROGRAM REFINEMENT
PROJECT APPROVAL
PUBLIC WATER-ORIENTED RECREATION
RECLAMATION
REDEVELOPMENT
REFORESTATION
RENEWABLE RESOURCE
RIPARIAN HABITAT
SEASONALLY FLOODED WATER REGIME
SELECTION
SHORELINE EROSION PROTECTION WORKS
SIGNIFICANTLY ERODING AREAS
SOIL CONSERVATION AND WATER QUALITY PLANS
SPECIES IN NEED OF CONSERVATION
SPOIL PILE
STEEP SLOPES
THINNING
THREATENED SPECIES
TOPOGRAPHY
TRANSITIONAL HABITAT
TRANSPORTATION FACILITIES
TRIBUTARY STREAMS
UNWARRANTED HARDSHIP
UTILITY TRANSMISSION FACILITIES
WASH PLANT
WATER-BASED AQUACULTURE
WATER-DEPENDENT FACILITIES
WATERFOWL
WATER-USE INDUSTRY
WILDLIFE CORRIDOR
WILDLIFE HABITAT
Applicability. The following words have
the following meanings for the purposes of implementing the Critical
Area Program and this Subtitle but shall not be applicable to other
portions of the Code of Public Local Laws of Worcester County, Maryland:
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
which are not presently in forest cover.
A non-possessory interest in land which restricts the conversion
of use of the land, preventing non-agricultural uses.
All methods of production and management of livestock, crops,
vegetation, and soil. This includes, but is not limited to, the related
activities of tillage, fertilization, pest control, harvesting, and
marketing. It also includes, but is not limited to, the activities
of feeding, housing, and maintaining of animals such as cattle, dairy
cows, sheep, goats, hogs, horses, and poultry and handling their by-products.
Fish that travel upstream (from their primary habitat in
the ocean) to freshwater in order to spawn.
Those streams that are tributary to the Chesapeake Bay where
spawning of anadromous species (e.g., rockfish or striped bass, yellow
perch, white perch, shad and river herring) occurs or has occurred.
Under this definition, the entire Pocomoke River System in the Critical
Area is classified as anadromous fish propagation waters.
(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. For the purpose of this definition, related activities
such as wholesale and retail sales, processing and product storage
facilities are not considered aquacultural practices.
Those areas where these species, as designated by the Secretary
of the Department of Natural Resources, are found or have historically
been found and their surrounding habitats.
Those areas where these species, as designated by the Secretary
of the Department of Natural Resources, are found or have historically
been found and their surrounding habitats.
Unmanaged land having sparse vegetation.
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.
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.
An existing, naturally vegetated area or an area established
in native vegetation and managed to protect aquatic, wetland, shoreline
and terrestrial environments from man-made disturbances.
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.
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.
Herons, egrets, terns, glossy ibis and other such birds that
for the purpose of nesting congregate (that is colonize) in a limited
number of areas which can be susceptible to local disturbances.
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.
The Chesapeake Bay Critical Area Commission.
Boat docking facilities associated with subdivisions or similar
residential areas, and with condominium, apartment and other multiple-family
dwelling units. Individual private piers are excluded from this definition.
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 prepared
by or for the Planning Commission and County Commissioners.
A non-possessory interest in land which restricts the manner
in which the land may be developed in an effort to reserve natural
resources for future use.
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.
All lands and waters defined in § 8-1807 of the
Natural Resources Article, Annotated Code of Maryland, as may be amended
from time to time. They include:
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, Annotated Code of Maryland; and
All land and water areas within one thousand feet beyond the
landward boundaries of state or private wetlands and the heads of
tides designated under Title 9 of the Natural Resources Article, Annotated
Code of Maryland.
The number of dwelling units within a defined and measurable
area expressed in units per acre.
Those areas of one acre or more in size which predominantly
contain trees and natural vegetation and which also include residential,
commercial, or industrial structures and uses.
The construction or substantial alteration of residential,
commercial, industrial, institutional or transportation facilities
or structures.
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.
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. A dwelling unit may include a living quarters for
a domestic or other employee or tenant, an in-law or accessory apartment,
a guest house, or a caretaker residence.
[Added 9-21-2004 by Bill No. 04-7]
A more or less self-contained biological community together
with the physical environment in which the community's organisms
occur.
Any species of fish, wildlife, or plants which have been
designated as such by regulation by the Secretary of the Department
of Natural Resources. Designation occurs when the continued existence
of these species as viable components of the state's resources
are determined to be in jeopardy. This includes any species determined
to be an endangered species pursuant to the Federal Endangered Species
Act, 16 U.S.C. § 1531 et seq., as amended.
All increases in stormwater resulting from:
An increase in the imperviousness of the site, including all
additions to buildings, roads, and parking lots;
Changes in permeability caused by compaction during construction
or modifications in contours, including the filling or drainage of
small depression areas;
Alteration of drainageways, or regrading of slopes;
Destruction of forest or developed woodlands; or
Installation of collection systems to intercept street flows
or to replace swales or other drainageways.
Commercial water-dependent fisheries facilities including
structures for the parking, processing, canning, or freezing of finfish,
crustaceans, mollusks, and 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 aquacultural operations.
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.
Species of birds which require relatively large forested
tracts in order to breed successfully (for example, various species
of flycatchers, warblers, vireos, and woodpeckers).
The protection, manipulation, and utilization of the forest
to provide multiple benefits, such as timber harvesting, water transpiration,
wildlife habitat, etc.
The alteration of the forest either through tree removal
or replacement in order to improve the timber, wildlife, recreational,
or water quality values.
The number of acres of land in the Chesapeake Bay Critical
Area that a local jurisdiction may use to create new Intensely Developed
Areas and Limited Development Areas.
Those soils with a slope greater than fifteen percent; or
those soils with a K value greater than thirty-five hundredths and
with slopes greater than five percent.
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.
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.
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).
A father, mother, son, daughter, grandfather, grandmother,
grandson or granddaughter.
The soil erodibility factor in the universal soil loss equation.
It is a quantitative value that is experimentally determined.
The raising of fish or shellfish in any natural or man-made,
enclosed or impounded, water body.
Any activity that removes the vegetative ground cover.
Features of the earth's surface created by natural causes.
Any facility for the mooring, berthing, storing, or securing
of watercraft, but not including community piers, piers serving single-family
dwellings and other non-commercial boat docking and storage facilities.
A large woody plant having one or several self-supporting
stems or trunks and numerous branches that reach a height of at least
twenty feet at maturity.
The average level of high tides at a given location.
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.
Any community of plants or animals which is considered to
be among the best statewide examples of its kind, and is designated
by regulation by the Secretary of the Department of Natural Resources.
Those plant communities that develop in the absence of human
activities.
A condition where landforms or biological communities, or
both, have developed by natural processes in the absence of human
activities.
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.
Resources that are not naturally regenerated or renewed.
Those lands in the Critical Area, excluding tidal wetlands
regulated under Title 9 of the Natural Resources Article, Annotated
Code of Maryland, where the water table is usually at or near the
surface, or lands where the soil or substrate it covered by shallow
water at some time during the growing season. These regulations apply
to the palustrine class of non-tidal wetlands as defined in "Classification
of Wetlands and Deepwater Habitats of the United States" (Publication
FWS/OBS 79/31, December 1979) and as identified on the Natural Wetlands
Inventory maps, or which may be identified by site survey at the time
of application for a developmental activity. These lands are usually
characterized by one or both of the following:
Structures or actions that compensate for undesirable impacts.
Land and water areas retained in an essentially undeveloped
state.
The strata or material in its natural state, before its removal
by surface mining, overlying a mineral deposit, or in between mineral
deposits.
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 one thousand parts of water.
The soils, topography, land slope and aspect, and local climate
that influence the form and species composition of plant communities.
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.
A community of plants commonly identifiable by the composition
of its vegetation and its physiographic characteristics.
A facility or area established or designated by the state
or local jurisdictions for purposes of waterborne commerce.
The cutting and removal of trees for personal use.
Any change to an adopted program that the Commissioners determine
will result in a use of land or water in the Chesapeake Bay Critical
Area in a manner not provided for in the adopted program.
"Program amendment" includes a change to a Zoning Map that is
not consistent with the method for using the growth allocation contained
in an adopted program.
Any change to an adopted program that the Commissioners determine
will result in a use of land or water in the Chesapeake Bay Critical
Area in a manner consistent with the adopted program.
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 or expansions of
non-conformities; and issuance of zoning permits. The term does not
include building permits.
Shore-dependent recreation facilities or activities provided
by public agencies which are available to the general public.
The reasonable rehabilitation of disturbed land for useful
purposes, and the protection of the natural resources of adjacent
areas, including waterbodies.
The process of developing land which is or has been developed.
The establishment of a forest through artificial reproduction
or natural regeneration.
A resource that can renew or replace itself and, therefore,
with proper management, can be harvested indefinitely.
A habitat that is strongly influenced by water and which
occurs adjacent to streams, shorelines, and wetlands.
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.
The removal of single, scattered, mature trees or other trees
from uneven-aged stands by frequent and periodic cutting operations.
Those structures or measures constructed or installed to
prevent or minimize erosion of the shoreline in the Critical Area.
Areas that erode two feet or more per year.
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:
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 Articles,
§§ 10-2A-03 and 4-2A-03, Annotated Code of Maryland.
The overburden and reject materials as piled or deposited
during surface mining.
Slopes of fifteen percent or greater incline.
A forest practice used to accelerate tree growth of quality
trees in the shortest interval of time by the selective removal of
certain trees.
Any species of fish, wildlife, or plants designated as such
by regulation by the Secretary of the Department of Natural Resources
which appear likely, within the foreseeable future, to become endangered,
including any species of wildlife or plant determined to be a threatened
species pursuant to the Federal Endangered Species Act, 16 U.S.C.
§ 1531 et seq., as amended.
The existing configuration of the earth's surface including
the relative relief, elevation, and position of land features.
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.
Anything that is built, installed, or established to provide
a means of transport from one place to another.
Those perennial and intermittent streams in the Critical
Area which are so noted on the most recent U.S. 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 local jurisdictions.
A situation wherein without a variance, an applicant would
be denied reasonable and significant use of the entire parcel or lot
for which the variance is requested.
[Added 9-21-2004 by Bill No. 04-7]
Fixed structures that convey or distribute resources, wastes,
or both, including but not limited to electrical lines, water conduits
and sewer lines.
A facility where sand and gravel is washed during processing.
The raising of fish and shellfish in any natural, open, free-flowing
water body.
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 § NR
3-219 of this Subtitle. 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.
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.
An industry that requires location near the shoreline because
it utilizes surface waters for cooling or other internal purposes.
A strip of land having vegetation that provides habitat and
safe passage for wildlife.
Those plant communities and physiographic features that provide
food, water and cover, nesting, and foraging or feeding conditions
necessary to maintain populations of animals in the Critical Area.
(a)
Generally. In order to accommodate already
existing land uses and growth in the Worcester County Critical Area
while providing for the conservation of habitat and the protection
of water quality, the County has set out three land use management
districts within the Critical Area. The Critical Area has also been
defined as an Overlay Zoning District in the County Zoning Ordinance.
The County 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 as proposed by the County Program.
The County recognizes the following three types of development areas:
Intensely Developed Areas (IDAs);
| |
Limited Development Areas (LDAs); and
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Resource Conservation Areas (RCAs).
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(1)
While any 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.
(2)
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.
(3)
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.
(b)
Implementation. For purposes of implementing
this regulation, the County 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. These three types of land management and development
areas are designated on sets of maps on file in the County Department
of Development Review and Permitting or its successor. These maps
include Department of Natural Resources Wetland Maps dated 1972 at
a scale of one inch equals two hundred feet and Resource Inventory
Maps dated 1989 at a scale of one inch equals six hundred feet and
are the official Worcester County Critical Area Maps.
(c)
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:
(1)
Non-maritime heavy industry;
(2)
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
(3)
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 one-hundred-foot-buffer;
(4)
The County may preclude additional development activities that
it considers detrimental to water quality or fish, wildlife, or plant
habitats within the Critical Area.
(d)
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 Chesapeake Bay Critical Area unless no
environmentally acceptable alternative exists outside of the Chesapeake
Bay Critical Area, and these development activities or facilities
are needed in order to correct an existing water quality or wastewater
management problem. These include:
[Amended 10-24-2006 by Bill No. 06-11]
(e)
Continuation of existing, permitted facilities. Existing, permitted facilities of the type noted in § NR
3-203(d)(1) and (2), above shall be subject to the standards and requirements
of the Department of the Environment, under COMAR Title 26.
(a)
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:
(1)
Housing density equal to or greater than four dwelling units
per acre;
(2)
Industrial, institutional or commercial uses are concentrated
in the area; or
(3)
Public sewer and water collection and distribution systems are
currently serving the area and housing density is greater than three
dwelling units per acre;
(4)
In addition, these features shall be concentrated in an area
of at least twenty adjacent acres or that entire upland portion of
the Critical Area within the boundary of a municipality, whichever
is less.
(b)
General requirements. The Critical Area
Subtitle for Worcester County hereby incorporates the following requirements
for Intensely Developed Areas. New or expanded development or redevelopment
shall take place in such a way as to:
(1)
Improve the quality of runoff from developed areas that enters
the Chesapeake Bay or its tributary streams;
(2)
Accommodate additional development of the type and intensity
designated by the County in this Program, provided that water quality
is not impaired;
(3)
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;
(4)
Conserve and enhance habitat protection areas to the extent
possible within Intensely Developed Areas; and
(5)
Encourage the use of retrofitting measures to address existing
stormwater management problems.
(c)
Development standards. The following
criteria are hereby adopted for Intensely Developed Areas:
(1)
All plans shall be assessed for their impacts on water quality
and other biological resources.
(2)
Urban best management practices shall be considered and, where
appropriate, implemented as part of all plans for development or redevelopment.
(3)
Development and redevelopment shall be subject to the habitat
protection area requirements prescribed in §§ NR 3-218
and 3-219 in this Subtitle.
(4)
Stormwater shall be addressed in accordance with the following
provisions:
A.
At the time of development or redevelopment, technologies as
required by applicable state and local ordinances shall be applied
by anyone undertaking development activities in order to minimize
adverse impacts to water quality caused by stormwater.
B.
In the case of redevelopment, if these technologies do not reduce
pollutant loadings measured by use of the keystone pollutant method
by at least ten percent below the level of pollution on the site prior
to redevelopment, then offsets shall be provided.
C.
In the case of new development, offsets as determined by the
County shall be used if they reduce pollutant loadings by at least
ten percent of the pre-development levels.
D.
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."
(5)
If practicable, permeable areas shall be established in vegetation
and whenever possible, redevelopment shall reduce existing levels
of pollution.
(6)
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.
(7)
Ports and industries which use water for transportation and
derive economic benefits from shore access shall be located near existing
port facilities. The County may identify other sites for planned future
port facility development and use if this use will provide significant
economic benefit to the state or County and is consistent with the
provisions of the water-dependent facilities section[1] of this Subtitle and other state and federal regulations.
[1]
Editor's Note: See § NR 3-223, Water-dependent
facilities.
(8)
The County shall promote, with the assistance from 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.
(9)
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.
(10)
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:
A.
Development activities shall be designed and implemented to
minimize destruction of forest and woodland vegetation; and
(a)
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:
(1)
Housing density ranging from one dwelling unit per five acres
up to four dwelling units per acre;
(2)
Areas not dominated by agricultural, wetland, forest, barren
land, surface water, or open space;
(3)
Areas meeting the conditions of Intensely Developed Area but
comprising less than twenty acres;
(4)
Areas having public sewer or public water, or both.
(b)
General requirements. The County's
Critical Area Subtitle hereby incorporates the following requirements
for Limited Development Areas. New or expanded development or redevelopment
shall take place in such a way as to:
(1)
Maintain, or, if possible, improve the quality of runoff and
groundwater entering the Chesapeake Bay and its tributaries;
(2)
Maintain, to the extent practicable, existing areas of natural
habitat; and
(3)
Accommodate additional low- or moderate-intensity development
if:
A.
This development conforms to the water quality and habitat protection
criteria in Subsection (c) below; and
B.
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.
(c)
Development standards. The following
criteria are hereby adopted for Limited Development Areas:
(1)
For all development activities in the Limited Development Areas,
the County shall require that the applicant identify any environmental
or natural feature described below, and shall meet all of the following
standards of environmental protection:
A.
Adherence to the provisions of §§ NR 3-218, 3-219,
3-224, and 3-225 of this Subtitle.
B.
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.
C.
All development activities that must cross or affect streams
shall be designed to:
1.
Reduce increases in flood frequency and severity that are attributable
to development;
2.
Retain tree canopy so as to maintain stream water temperature
within normal variation;
3.
Provide a natural substrate for stream beds; and
4.
Minimize adverse water quality and quantity impacts of stormwater.
D.
All development sites shall incorporate a wildlife corridor
system that connects the largest undeveloped or most vegetative tracts
of land within and adjacent to the site in order to provide continuity
of existing wildlife and plant habitats with off-site habitats. The
wildlife corridor system may include habitat protection areas identified
in this Subtitle. The County shall ensure the maintenance of the wildlife
corridors by requiring the establishment of conservation easements,
restrictive covenants, or similar instruments approved by the County
Commissioners through which the corridor is preserved by public or
private groups, including homeowners' associations, nature trusts
and other organizations.
(2)
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 County shall:
A.
Require that the applicant seek the comments of and comply with
the recommendations of the Maryland Department of Natural Resources
when planning development on forested land to the extent possible;
B.
Design and implement development activities to minimize the
destruction of woodland vegetation; and
C.
Provide protection for forests and developed woodlands identified
as habitat protection areas in this Program.
(3)
For the alteration of forest and developed woodland in the Limited
Development Area, the County shall apply all of the following requirements:
A.
The total acreage in forest coverage within the County in the
Critical Area shall be maintained or preferably increased;
B.
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;
C.
No more than twenty percent of any forest or developed woodland
may be removed from forest use, except as provided in Subsection (c)(4)
below. The remaining eighty percent shall be maintained through recorded,
restrictive covenants or similar instruments approved by the County
Commissioners; and
D.
Developed woodland vegetation shall be conserved to the greatest
extent practicable.
(4)
For replacement of forest and developed woodland, if more than
twenty percent is to be removed from forest use, an applicant may
clear or develop not more than thirty percent of the total forest
area, provided that the afforested area shall consist of one and five-tenths
times the total surface acreage of the disturbed forest or developed
woodland area, or both.
(5)
In addition, applicants shall adhere to the following criteria
for forest and woodland development:
A.
A performance bond in an amount determined by the County to
assure satisfactory replacement as required by Subsection (c)(3) and
(4) above;
B.
If applicable, a stormwater management permit and sediment and
erosion control plan approval shall be required before forest or developed
woodland is cleared;
C.
Forests which have been cleared before obtaining a stormwater
management permit and sediment and erosion control plan approval or
that exceed the maximum area allowed in Subsection (c)(4) above shall
be replanted at three times the areal extent of the cleared forest;
D.
If the areal extent of the site limits the application of the
reforestation guidelines in Subsection (c)(3), (4) and (5) above,
alternative provisions or reforestation guidelines may be permitted
by the County if they are consistent with the intent of the forest
and woodland element of this Program 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;
E.
If no forest exists on the proposed development site, this site
shall be planted to provide a forest or developed woodland cover of
at least fifteen percent;
F.
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 County Attorney;
G.
The applicant shall designate, subject to the approval of the
County, a new forest area on a part of the site not forested; and
H.
The afforested area shall be maintained as forest cover through
easements, restrictive covenants or other protective instruments approved
by the County Commissioners.
(6)
Applicants shall adhere to the following standards for development
on steep slopes. Development on slopes greater than fifteen percent,
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 § NR 3-205(b)
above.
(7)
Except as otherwise provided in this subsection, for stormwater
runoff, impervious areas shall be limited to fifteen percent of the
site.
A.
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 percent of the parcel or lot.
B.
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 fifteen percent of the parcel or
lot.
C.
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 twenty-five percent of the lot, and the
total impervious surfaces of the entire subdivision may not exceed
fifteen percent.
D.
Impervious surface limits provided in Subsection (c)(7)A through
C above may be exceeded, upon findings by the Director of Development
Review and Permitting or his designee that the following conditions
exist:
1.
New impervious surfaces on the property have been minimized;
2.
For a lot or parcel one-half acre or less in size, total impervious
surface area does not exceed impervious surface limits in Subsection
(c)(7)A by more than twenty-five percent or five hundred square feet,
whichever is greater;
3.
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 Subsection (c)(7)B or five thousand four hundred
and forty-five square feet, whichever is greater;
4.
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
5.
The property owner performs on-site mitigation to offset potential
adverse water quality impacts from the new impervious surfaces or
the property owner pays a fee to the County in lieu of performing
the on-site mitigation. Such a fee is established by resolution of
the County Commissioners and may be amended from time to time. The
County shall use all fees collected under this provision to fund projects
that improve water quality within the Critical Area, consistent with
the County's Critical Area Program and Zoning Ordinance.
(8)
To reduce the extent of impervious areas and maximize areas
of natural vegetation, cluster development shall be considered when
planning for future development.
(9)
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.
(10)
Requests for modifications in road construction standards may
be made to the County Commissioners on a case-by-case basis in order
to reduce the potential impacts to the site and Critical Area resources
from impervious surfaces.
(d)
Complementary state laws and regulations. In applying this Critical Area Subtitle, the County refers to all
of the following complementary existing state laws and regulations:
(1)
For soil erosion and sediment control (COMAR 26.17.01):
A.
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 through 8-1108 and Environment
Article §§ 4-103 through 4-108 and 4-116, Annotated
Code of Maryland, and local ordinances, as may be amended from time
to time. Sediment control practices shall be appropriately designed
to reduce adverse water quality impacts.
B.
The County requires erosion control as the basis of sediment
control plans within the Critical Area.
(2)
For stormwater runoff (COMAR 26.17.02):
A.
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 ten-year storm where the land
is in its predevelopment state.
B.
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 predevelopment state.
C.
Stormwater management measures shall be consistent with the
requirements of Environment Article § 4-201 et seq., Annotated
Code of Maryland, as may be amended from time to time.
(a)
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 had at least one of the following features:
(b)
General requirements. The County's
Critical Area Subtitle hereby incorporates the following requirements
for Resource Conservation Areas. New or expanded development or redevelopment
in these areas shall take place in such a way as to:
(1)
Conserve, protect and enhance the overall ecological values
of the Critical Area, its biological productivity and its diversity;
(2)
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.
(3)
Conserve the land and water resource base that is necessary
to maintain and support land uses such as agriculture, forestry, fisheries
activities and aquaculture.
(4)
Conserve the existing developed woodlands and forests for the
water quality benefits that they provide.
(c)
Development standards. The following
criteria are hereby adopted for Resource Conservation Areas:
(1)
Land use management practices shall be consistent with the policies
and criteria for the habitat protection area section, the agricultural
section, and the forest and woodlands protection section of this Subtitle.[1]
[1]
Editor's Note: See §§ NR 3-218, Habitat
protection, NR 3-219, One-hundred-foot buffer, NR 3-217, Agriculture
and NR 3-214, Forest and woodland protection.
(2)
Agricultural and conservation easements shall be encouraged
in Resource Conservation Areas.
(3)
Land within the Resource Conservation Area may be developed
for residential uses at a density not to exceed one dwelling unit
per twenty acres. Within this limit of overall density, minimum lot
sizes may be determined by the County. 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 County and implemented as necessary.
(4)
Existing industrial and commercial facilities, including those
that directly support agriculture, forestry, aquaculture or residential
development not exceeding the density specified in § NR
3-206(c)(3) above, shall be allowed in Resource Conservation Areas.
(5)
New commercial, industrial, and institutional uses shall not
be permitted in Resource Conservation Areas, except as provided for
in the County's growth allocation provisions. Additional land
may not be zoned or used for industrial, commercial, or institutional
development, except as provided by the County's growth allocation
provisions. Non-industrial activities which support surface mining,
agriculture and forestry may be established or expanded, provided
they conform with the other requirements of this Subtitle.
(6)
The County shall ensure that the overall acreage of forest and
woodland within the RCA does not decrease.
(7)
Development activity within the Resource Conservation Areas
shall be consistent with the requirements for Limited Development
Areas in this Subtitle as specified in § NR 3-205.
(8)
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 twenty
acres.
(9)
In calculating the one-in-twenty acre density of development
that is permitted on a parcel located within the resource conservation
area, the County may permit the area of any private wetlands located
on the property to be included under the following conditions:
A.
The density of development on the upland portion of the parcel
may not exceed one dwelling unit per eight acres; and
B.
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 County and the State Department
of Natural Resources.
(10)
In consideration of additional dwelling units per lot or parcel
as part of the primary dwelling unit the County shall adhere to the
following:
[Added 9-21-2004 by Bill No. 04-7]
A.
Within a Resource Conservation Area, the County may consider
one additional dwelling unit per lot or parcel as part of the primary
dwelling unit for the purpose of the density calculation under this
subsection if the additional dwelling unit meets either of the following
sets of conditions:
1.
The additional dwelling unit is located within the primary dwelling
unit or its entire perimeter is within one hundred feet of the primary
dwelling unit, it does not exceed nine hundred square feet in total
enclosed area, and it is served by the same sewage disposal system
as the primary dwelling unit; or
2.
The additional dwelling unit is located within the primary dwelling
unit, is built so that its construction does not increase the amount
of impervious surface already attributed to the primary dwelling unit,
and it is served by the same sewage disposal system as the primary
dwelling unit.
B.
An additional dwelling unit meeting all the criteria of this
section that is separate from the primary dwelling unit may not be
subdivided or conveyed separately from the primary dwelling unit.
C.
The provisions of this section apply to density calculations
only and may not be construed to authorize the County to grant a variance,
unless the variance is granted in accordance with the requirements
and standards in this Subtitle for variances in the Atlantic Coastal
Bays Critical Area.
D.
The County shall maintain records of all building permits issued
under this section for additional dwelling units considered part of
a primary dwelling unit and shall provide this information on a quarterly
basis to the Critical Area Commission.
(d)
Land use in the RCA. In addition to the
uses specified above, certain non-residential uses may be permitted
in Resource Conservation Areas if it is determined by the Worcester
County Department of Development Review and Permitting that the proposed
use is one of the following:
(1)
A home occupation as an accessory use on a residential property
and as provided for in the County's Zoning Ordinance;
(2)
A golf course, excluding main buildings and/or structures such
as the clubhouse, pro- shop, parking lot, etc.;
(3)
A cemetery that is an accessory use to an existing church;
(4)
A bed-and-breakfast facility located in an existing residential
structure and where meals are prepared only for guests staying at
the facility;
(5)
A gun club or skeet shooting range or similar use, excluding
main buildings and/or structures, such as a clubhouse, snack bar,
etc.;
(6)
A day-care facility in a dwelling where the operators live on
the premises and there are no more than eight children;
(7)
A group home or assisted living facility with no more than eight
residents;
(8)
Other uses determined by the County and the Critical Area Commission
to be similar to those listed above.
(a)
Description. The upland area of the County
within the Critical Area comprises about nine thousand six hundred
acres. Within the Critical Area, one hundred thirty acres of land
were classified as IDA or LDA. The remaining nine thousand four hundred
seventy acres were classified as RCA. The State Critical Area Law
permitted the County to allocate five percent of this area, or four
hundred seventy-three and five-tenths acres, for use for future growth
as either IDA or LDA. Since the initial allocation, a growth allocation
totaling three acres granted to the town of Snow Hill and the correction
of a mapping mistake from RCA to IDA and totaling eighteen and eighty-nine
hundredths acres along MD Rt. 12 immediately northeast of Snow Hill
has reduced this amount available for future growth allocation to
four hundred fifty-one and sixty-one hundredths acres. This acreage
shall be used for the expansion of existing or the creation of new
LDAs and IDAs under the following general guidelines:
(1)
The total area of expansion of Intensely Developed or Limited
Development Areas, or both, shall not exceed four hundred seventy-three
and five-tenths acres.
(2)
When permitting future expansion of Intensely Developed and
Limited Development Areas near the municipalities of Snow Hill and
Pocomoke City, the County shall notify the appropriate local officials
to allow them an opportunity to comment on how the expansion may affect
these municipalities.
(b)
Requirements. When locating new Intensely
Developed or Limited Development Areas the County shall use these
requirements:
(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 shall be at least twenty acres
in size unless:
A.
They are contiguous to an existing IDA or LDA; or
B.
They are a grandfathered commercial or industrial use which
was permitted and legally existing as of the date of local Program
approval. The amount of growth allocation deducted shall be equivalent
to the area of the entire parcel or parcels subject to the growth
allocation request.
(4)
No more than one-half of the allocated expansion may be located
in Resource Conservation Areas except as provided in Subsection (b)(9)
below;
(5)
New Intensely Developed Areas and Limited Development Areas
should be located in order to minimize impacts to habitat protection
areas as specified in this Subtitle and in an area and in a manner
that optimizes benefits to water quality;
(6)
New Intensely Developed Areas should be located where they minimize
their impacts to the defined land uses of the Resource Conservation
Area;
(7)
New Intensely Developed Areas and Limited Development Areas
in the Resource Conservation Area should be located at least three
hundred feet landward of the limits of tidal wetlands or tidal waters;
(8)
New Intensely Developed or Limited Development Areas to be located
in Resource Conservation Areas shall conform to all criteria of the
County for such areas, shall be so designated on the County Zoning
Map and shall constitute an amendment to this Program subject to review
and approval by the County Planning Commission, the County Commissioners
and the Critical Area Commission.
(9)
If the County is unable to utilize a portion of its growth allocation
as set out in Subsection (b)(1) and (2) above within or adjacent to
existing Intensely Developed or Limited Development Areas, then that
portion of the allocated expansion which cannot be so located may
be located in the Resource Conservation Areas in addition to the expansion
allowed in Subsection (b)(4) above. An applicant shall be required
to cluster any development in an area of expansion authorized under
this Subsection (b)(9).
(c)
Process. Applicants for growth allocation
shall submit a request for growth allocation accompanied by appropriate
plans and environmental reports in accordance with the following process:
(1)
All applications for growth allocation shall be submitted to
the County Department of Development Review and Permitting. Requests
shall be accompanied by a concept plan and appropriate environmental
reports and studies so as to provide sufficient information to permit
the Planning Commission to review the application for consistency
with the County's Critical Area regulations. The subdivision
history of parcels designated as RCA must be provided as part of the
growth allocation application. The date of December 1, 1985, is the
date used for the original Critical Area mapping and shall be used
as a beginning point of analysis.
(2)
All applications for growth allocation shall be forwarded to
the Planning Commission for review and shall include comments and
recommendations from the staff. The Planning Commission shall consider
the growth allocation request prior to making a recommendation on
the proposal to the County Commissioners.
(3)
The applicant shall address the Planning Commission's comments
and recommendations and may revise the concept plan accordingly. The
growth allocation request shall then be forwarded to the County Commissioners
by the Planning Commission with a recommendation for either approval
or denial.
(4)
The County Commissioners shall hold a public hearing following
due notice in accordance with § ZS 1-114 of the Zoning and
Subdivision Control Article on the request for growth allocation and
any revisions to the concept plan.
(5)
The County Commissioners may establish conditions of approval
that are consistent with the intent of the County's Critical
Area Program.
(6)
Upon approval of the growth allocation request by the County
Commissioners, the County shall send a request to the Critical Area
Commission to utilize a portion of their growth allocation. The request
shall be accompanied by pertinent plans and environmental reports
and studies. Upon receipt of the request from the County, the Critical
Area Commission shall notify the County regarding the processing of
the request as an amendment or refinement to the County's Program.
Refinements shall be acted on within thirty days of the Commission's
notification to the County of a complete submission. Amendments will
be acted on within ninety days of the Commission's notification
of a complete submission.
(7)
Following approval of the growth allocation request by the Critical
Area Commission, the County Commissioners may implement the change,
and the applicant may proceed to the preparation of the final site
plan or subdivision plat for recording in the County land records.
(8)
Prior to approving the final site plan or subdivision plat,
the Planning Commission or its designee shall ensure that all conditions
of approval are incorporated into the final plan, public works agreement,
deed covenants, etc.
(9)
Final subdivision plats and site plans shall be processed in
accordance with the requirements of this Subtitle and the County's
Subdivision Regulations.
(10)
The County's official Critical Area maps shall be amended
to reflect the new land classification and a copy of the new map shall
be provided to the Critical Area Commission.
(11)
As a condition of approval, the County may require that all
projects approved for the use of growth allocation shall demonstrate
that they are substantially completed within three years of the date
of growth allocation approval by the Commission. Substantially completed
shall be determined by the Planning Commission and is defined as projects
in which all public improvements such as roads, sewer and/or water
facilities, etc. have been built and approved as required by the County.
(d)
Standards. Applicants for growth allocation
shall demonstrate that the following design standards will be met
or exceeded by the proposed project:
(1)
All requirements of the County's Critical Area Program,
Zoning Ordinance, and Subdivision Regulations have been met.
(2)
For residential development, the area to be developed shall
be limited to no more than fifty percent of the site.
(3)
In addition to meeting the minimum requirements of the Critical
Area regulations, the project design shall enhance the habitat value
or improve water quality in the area. For example, afforestation may
exceed the fifteen-percent requirement or best management practices
for stormwater management may be installed on portions of the site
to remain in agricultural use.
(4)
For residential development, where possible a community pier
shall be provided rather than individual piers.
(e)
Deduction methodology. The following
standards shall be used to determine the area of growth allocation
to be deducted when the designation of a parcel or a portion of a
parcel is changed through the growth allocation process:
(1)
Subdivision of any lot of record existing as of December 1,
1985, and which is classified as RCA or LDA, where all or part of
the parcel is identified by the County as a growth allocation area,
shall result in the acreage of the entire parcel, excluding tidal
wetlands, being deducted from the jurisdiction's growth allocation,
unless the development envelope concept outline in Subsection (e)(2)
below is used.
(2)
In order to allow some flexibility in the use of growth allocation
when development is only proposed on a portion of the property, the
following methodology may be used for parcels designated as RCA. On
a parcel proposed for the use of growth allocation, a single development
envelope may be specified and the acreage of the development envelope
rather than the acreage of the entire parcel shall be deducted from
the County's growth allocation if the development envelope meets
the following criteria:
A.
The development envelope shall include individually owned lots,
required buffers, impervious surfaces, roads, utilities, stormwater
management measures, on-site sewage disposal measures, any areas subject
to human use such as active recreation areas, and any additional acreage
needed to meet the development requirements of the criteria. The required
buffers refer to the minimum one-hundred-foot buffer and the twenty-five-foot
non-tidal wetlands buffer.
B.
Only one development envelope shall be established per parcel
of land.
C.
If a development envelope is proposed in the RCA, a minimum
of twenty acres must remain outside of the development envelope or
the acreage of the entire parcel must be deducted. If the original
parcel in the RCA is less than twenty acres, then the acreage of the
entire parcel must be deducted. If there is a permanently protected
Resource Conservation Area (an area protected by recorded easement)
adjacent and contiguous to an undeveloped remainder which totals less
than twenty acres and which together will result in a minimum twenty-acre
undeveloped area, then only that portion of the parcel which is to
be developed has to be deducted.
D.
The minimum twenty-acre undeveloped remainder outside of the
development envelope may be developed at an RCA density unless some
type of permanent protection exists that restricts development.
(3)
For growth allocation proposed in the RCA, a three-hundred-foot
naturally vegetated buffer is strongly encouraged and where it is
provided, it shall not be deducted even if the buffer does not meet
the twenty-acre requirement.
(a)
Continuation of existing uses. The County
shall permit the continuation, but not necessarily the intensification
or expansion, of any permitted use or structure legally existing on
the date of Program approval, unless the use has been discontinued
for more than one year or is otherwise restricted by existing local
ordinances. If any existing use or structure 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 § NR 3-211 of this Subtitle.
(b)
Residential density. Except as herein
provided, the County 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 County shall permit a single
lot or parcel of land that was a legally recorded lot on November
30, 1988, (the date of Program approval) to be developed with a single-family
dwelling if a dwelling is not already placed there (notwithstanding
that such development may be inconsistent with the density provisions
of this Subtitle) provided that:
(1)
It is on land where development activity has progressed to the
point of the pouring of foundation footings or the installation of
structural members.
(2)
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 County's final approval prior to
June 1, 1984, if:
A.
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 and
these procedures are approved by the Critical Areas Commission; or
B.
The land has received a building permit subsequent to December
1, 1985, but prior to local Program approval.
(3)
It is on land that was subdivided into recorded, legally buildable
lots, where the subdivision received the County's final approval
between June 1, 1984, and December 1, 1985; and
(4)
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 Subtitle or the area of
the land is counted against the growth allocation permitted under
this Subtitle.
(c)
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 Subtitle.[1]
[1]
Editor's Note: See §§ NR 3-223, Water-dependent
facilities, NR 3-218, Habitat protection, and NR 3-219, One-hundred-foot
buffer.
(b)
Required subdivision. A bona fide intrafamily
transfer from a portion of a parcel of land shall be a subdivision
of the parcel of land that is subject to approval under the Subdivision
Regulations of the County.
(c)
Approval of subdivision of parcels. The
County 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:
(d)
Conditions of approval. As a condition
of approval the County shall require that:
(1)
Any deed for a lot that is created by a bona fide intrafamily
transfer shall contain a covenant approved by the County Commissioners
stating that the lot is created subject to the provisions of Natural
Resources Article § 8-1801, Annotated Code of Maryland;
and
(2)
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 Subsection
(e) of this section.
(3)
This subsection does not prevent the conveyance of the lot to
a third party as security for a mortgage or deed of trust.
(e)
Standards and procedures for subsequent conveyance of lots created
by intrafamily transfer to persons other than immediate family members.
Prior to the conveyance of such lots to persons other than immediate
family members, the current owner shall make application on forms
prescribed by the Department in accordance with the following procedures:
(1)
The request shall be accompanied by a title history of the parcel
originally approved as an intrafamily transfer and any fee as established
by prior resolution of the County Commissioners.
(2)
The Department shall review the application and accompanying
documents and provide a report and recommendation to the County Commissioners
with regard to the consistency of the application with the requirements
and standards as established by this subsection.
(3)
The County Commissioners shall provide for an opportunity for
the applicant to be heard and may, where determined necessary, hold
a public hearing relative to the matter following due notice in accordance
with § ZS 1-114 of the Zoning and Subdivision Control Article.
In evaluating the request and prior to approving any such transfer,
the County Commissioners shall make findings of fact with respect
to the following:
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
C.
Other circumstances exist that are consistent with this subtitle
and with the Critical Area Criteria 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.
(4)
The County Commissioners, by resolution, may approve the request
and may furthermore establish conditions of approval consistent with
the intent of the Chesapeake Bay Critical Areas Program. Any resolution
so passed by the County Commissioners shall be recorded in the land
records of Worcester County and shall render null and void any previously
recorded covenants limiting non-intrafamily transfers.
(5)
The total area of any parcel or lot approved for such a transfer
shall be deducted from the total amount of the County's growth
allocation.
(a)
Regulated activities and applicability. Any applicant for a permit or license to pursue activities within
the County 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 or licenses issued by the
County after review and approval under this Critical Area Subtitle.
(b)
Responsible agency. All applications
for such County permits and licenses that are issued by the County
shall be made to the receiving department or County Department of
Development Review and Permitting. The Department shall make available
to all agencies involved in overseeing regulated activities a set
of maps showing the location 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 County Department of Development Review and Permitting and
appropriate state agencies. Applications for farming or other agriculture-related
activities shall be reviewed by the County Department of Development
Review and Permitting or the County Soil Conservation District Office,
depending on the nature or the proposed activity.
(c)
Process. Upon receiving the referred
application, the County Department of Development Review and Permitting
shall review the application for compliance of the activity with the
requirements of this Subtitle. The Critical Area review involves evaluating
the one-hundred-foot buffer, area of impervious surface, area of forest
cover, area of steep slopes, location of tidal or non-tidal wetlands
and their buffers, and the development of a mitigation plan if required.
If the activity is in compliance it shall be returned to the receiving
department or office within fifteen business days of its receipt by
the office. If it is not in compliance, it shall be returned to the
receiving department or office within thirty business days with the
reasons for non-compliance.
(d)
Application requirements. In order for
the County Department of Development Review and Permitting to make
findings and specific recommendations as to compliance of a project
with the goals of the Critical Area Program, information on land and
water disturbing activities must be submitted by the applicant. This
information shall include a Critical Area site plan and a written
Critical Area report.
(1)
Critical Area site plan. The Critical Area site plan must be
drawn to scale and shall include but not be limited to the following
information:
A.
Topography (if property is flat or gently sloping, state this
on the plan).
B.
Mean high water line.
C.
Tidal wetlands.
D.
Tributary streams.
E.
Non-tidal wetlands.
F.
Soils.
G.
Forest cover (show individual trees or a tree line defining
wooded areas).
H.
One-hundred-foot buffer (drawn
from mean high water, edge of tidal wetlands or tributary streams).
(i)
The buffer may be required to be expanded beyond
one hundred feet to include contiguous sensitive areas, such as steep
slopes, hydric soils, or highly erodible soils, whose development
or disturbance may impact streams, wetlands, or other aquatic environments.
I.
Habitat protection areas.
J.
All impervious surfaces (include all structures, sidewalks,
sheds, decks, driveways, pools) labeled as existing or proposed.
K.
All proposed clearing, grading, and disturbance (e.g., septic
areas, wells).
L.
Computation of the amount of existing and proposed impervious
surfaces, existing forest cover and proposed clearing, and total area
of disturbance.
(2)
Critical Area report. The Critical Area report must include
a description of your project and an environmental assessment of the
site. This report shall include but not be limited to the following
information:
A.
Forest cover, generally describe size and species of trees and
shrubs.
B.
Shoreline condition, if the project involves a pier, bulkhead
or revetment.
C.
Proposed or existing stormwater management measures.
D.
Site topography and soil conditions, including any areas of
erosion or run-off.
E.
Proposed clearing, excavation and grading if applicable.
F.
Discussion of the proposed development including number of residential
units, amount of proposed impervious surface, proposed sewer treatment
and water supply, total square footage of clearing, grading and disturbance.
G.
Discussion of the proposed development's impacts on water
quality and habitat protection areas.
H.
Documentation of all correspondence and findings received from
any County, state or federal agency.
(a)
Applicability. The County 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.
(b)
Standards. The County 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 County's 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 County 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, 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 State Critical Area Law
and the County Critical Area Program.
(c)
Process. Applications for a variance
must be made in writing to the Board of Zoning Appeals. A copy of
the application and all supporting documentation shall be provided
to the Critical Area Commission no less than two weeks prior to the
required public hearing. After hearing an application for a Critical
Area Program variance, the Board of Zoning Appeals shall make findings
reflecting analysis of each standard before making a decision on the
requested variance. The Board of Zoning Appeals shall notify the Critical
Area Commission of its findings and action on the variance request.
(d)
Board procedures. The following procedures
shall be adhered to by the Board of Zoning Appeals when considering
variance requests to this Subtitle:
[Added 9-21-2004 by Bill No. 04-7[1]]
(1)
In considering an application for a variance the Board of Zoning
Appeals 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, as
from time to time amended, and the requirements of the County's
Chesapeake Bay Critical Area Program.
(2)
If the variance request is based on conditions or circumstances
that are the result of actions by the applicant, including the commencement
of development activity before an application for a variance has been
filed, the Board of Zoning Appeals may consider that fact.
(3)
An applicant has the burden of proof and the burden of persuasion
to overcome the presumption of nonconformance established in Subsection
(d)(1) above.
(4)
Based on competent and substantial evidence, the Board of Zoning
Appeals shall make written findings as to whether the applicant has
overcome the presumption of nonconformance as established above.
(5)
With due regard for the person's experience, technical
competence, and specialized knowledge, the written findings may be
based on evidence introduced and testimony presented by:
[1]
Editor's Note: This ordinance also redesignated former
Subsections (d) and (e) as Subsection (e) and (f), respectively.
(e)
Appeals. Appeals from 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 County for variances. Variance decisions by the Board of Zoning
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.
(f)
Conditions and mitigation. The Board
of Zoning Appeals shall impose 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)
Adverse impacts resulting from the granting of the variance
shall be mitigated by planting on the site per square foot of the
variance granted at no less than a three to one basis or as recommended
by the Department of Development Review and Permitting.
(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, non-tidal wetlands, or
steep slopes.
(a)
Responsible agencies. The responsibility
for the administration and enforcement of this Subtitle shall be vested
in such County Department (hereinafter called the "Department") as
designated or created for such purpose by the County Commissioners.
The Department may be provided with such personnel and resources as
the County Commissioners may direct. The Department may delegate to
its own personnel and to other persons such duties and responsibilities
in connection with the administration and enforcement of this Subtitle
as are appropriate in the Department's judgement. If the Department
shall find that any of the provisions of this subtitle are being violated,
it shall notify, by certified mail, by posting the property or by
other appropriate method, the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary
to correct it within a reasonable period of time as determined by
the Department. If, at the conclusion of such reasonable period, the
violation has not, in the judgement of the Department, been satisfactorily
corrected, the Department shall order or seek an injunction to bring
about the correction of such violation, including the removal or discontinuance
of illegal buildings, structures or uses, of illegal additions, alterations
or structural changes or of any illegal work, use or activity being
done, or shall take any other action authorized by law to ensure compliance
with this Subtitle and prevent violation of its provisions. In addition,
as an alternative remedy, violations of the provisions of this Subtitle
or failure to comply with any of its requirements may, in minor cases
as determined by the Department, constitute a civil infraction and
shall be subject to a fine of not more than five hundred dollars.
(b)
Additional penalties. In addition to
any other penalty applicable under state or County law, a person who
violates a provision of Natural Resources Article, Title 8, Subtitle
18, as from time to time amended, or the County's Chesapeake
Bay Critical Area Ordinance is subject to a fine not exceeding ten
thousand dollars. In determining the amount of the penalty to be assessed
under this subsection, the County may consider the following:
(a)
Amendments. The County Commissioners
may from time to time amend the County Critical Area Program, including
but not limited to this Subtitle and the associated maps. All such
amendments shall also be approved by the Critical Area Commission
as established in § 8-1809 of the Critical Area Law. No
such amendment shall be granted without approval of the Critical Area
Commission. Standards and procedures for Critical Area Commission
approval of proposed amendments are as set forth in the Critical Area
Law § 8-1809(i) and § 8-1809(d), respectively.
In addition, the County Commissioners shall review and propose any
necessary amendments as required at least every four years.
(b)
Process. When an amendment is requested,
the applicant shall submit the amendment to the Department of Development
Review and Permitting for review and research. Upon completing findings
of fact, these documents shall be forwarded to the County Commissioners.
The County Commissioners 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 County.
The County Commissioners shall forward its recommendation along with
the amendment request to the Critical Area Commission for final approval.
(a)
General requirements. Recognizing the
value of forested land for its water quality benefits and for habitat
protection while accommodating the utilization of forest resources,
the following policies for forest and woodland protection should be
adhered to wherever possible:
(1)
Maintain and increase the forested vegetation in the Critical
Area;
(2)
Conserve forests and developed woodlands and provide for expansion
of forested areas;
(3)
Provide that the removal of trees associated with development
activities shall be minimized and, where appropriate, shall be mitigated;
and
(4)
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.
(b)
Identification. The County has identified
and mapped forests and developed woodlands within the Critical Area
and has identified and mapped habitat protection areas as described
in §§ NR 3-218 through NR 3-223. 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.
(c)
Requirements for the protection of riparian and forest
habitat. The purpose of the following requirements is
to protect habitat:
(1)
Vegetation within the one-hundred-foot buffer shall be maintained
in its natural condition along all streams to provide wildlife corridors.
(2)
A minimum one-hundred-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.
(3)
Non-tidal wetland forests shall be left in a natural state for
wildlife and water quality protection.
(4)
Forest areas utilized as breeding areas by forest interior dwelling
birds and other wildlife species shall be conserved.
(5)
Existing riparian forests which are documented breeding areas
shall be conserved.
(d)
Process. If a forest is to be developed
or to be harvested, a site-specific field investigation shall be conducted
to determine if important sensitive species are present and to make
sure that appropriate protection measures are incorporated into the
development plan or timber harvest 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 required:
(1)
Minimize forest and woodlands disturbance from off-road vehicles,
public use or logging from May through August of each year;
(2)
Focus all development on the periphery of the forest or woodlands;
(3)
Retain the forest canopy as well as shrub understory;
(4)
Retain snag and mature seed trees as dens for woodpeckers and
as nests for bald eagles;
(5)
Discourage the creation of small clearings and expansion of
forest edge habitats;
(6)
Encourage re-establishment of native forests and woodlands;
and
(7)
Adopt harvest techniques to maintain or improve habitat.
(e)
Requirements for the establishment or replacement
of forest. The following policies
shall be used for afforestation and reforestation:
(f)
Buffer protection standards for timber for personal
use. Individual trees may be cut for personal use if the
trees cut are replaced on an equal basis and provided the cutting
does not impair the water quality or existing habitat value or other
functions of the buffer set forth in § NR 3-219. Cutting
or clearing of trees and natural vegetation within the buffer shall
be prohibited except that:
(1)
Cutting of trees or removal of natural vegetation may be permitted
where necessary to provide pedestrian access of no more than six feet
in width 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.
(2)
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.
(3)
Horticultural practices may be used to maintain the health of
individual trees.
(4)
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.
(g)
Enforcement. Unauthorized clearing, cutting,
or removal of vegetation; unauthorized clearing, cutting, or removal
of vegetation in the buffer; and clearing, cutting or removal of vegetation
in excess of the area permitted to be cleared by this Subtitle is
considered a civil infraction.
(1)
For unauthorized clearing, cutting, or removal of vegetation
that does not exceed the area that could be authorized in accordance
with this Subtitle, fines shall be assessed in the amount of five
hundred dollars for each day the violation continues and reforestation
shall be required on an equal area basis if less than twenty percent
of the forest cover is removed. For clearing between twenty percent
and thirty percent of the existing forest cover, reforestation shall
be required at one and five-tenths times the total surface acreage
of forest cleared.
(2)
For unauthorized clearing, cutting, or removal of vegetation
that exceeds the area that could be authorized in accordance with
this Subtitle, fines shall be assessed at five hundred dollars for
each day the violation continues and reforestation shall be required
at three times the total surface acreage of forest cleared.
(3)
For unauthorized clearing, cutting, or removal of vegetation
in the buffer or another habitat protection area, fines shall be assessed
at one thousand dollars for each occurrence and reforestation shall
be required at three times the total surface acreage of forest cleared.
(4)
When trees or vegetative cover can not be fully replaced on
site because of existing vegetation, existing development, or the
size of the parcel, then fees in lieu of planting may be collected.
Fees shall be assessed at forty cents per square foot of required
mitigation or one hundred twenty dollars per tree, whichever is greater.
(5)
Fines collected from enforcement actions in the Critical Area
shall be maintained in a separate account to be used by the County
for reforestation or other habitat enhancing efforts anywhere within
the Critical Area.
(a)
General requirements. 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. The problems of
sedimentation and erosion can occur when poorly managed timber operations
take place in the watershed. These problems can be substantially reduced
by proper management of harvest operations.
(b)
Process. Applicants proposing to develop,
redevelop, subdivide or rezone their property shall show all forests
and woodlands on the property. The forested areas and appropriate
notes related to their conservation shall be shown on the plans submitted
for review. Landowners proposing to harvest timber on 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. The approved
plan shall be filed with the County Soil and Water Conservation District
and a copy of the approved plan shall be sent to the Department of
Development Review and Permitting and a permit issued prior to beginning
timbering operations.
(c)
Timber harvest plan contents. Plans shall
include measures to protect surface and ground water quality and identify
whether the activities will disturb or affect habitat protection areas
as identified in §§ NR 3-218 through NR 3-223 of this
Subtitle 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.
(d)
Sediment control plans. In the Worcester
County Critical Area, any landowner who plans to harvest timber on
an area which will disturb five thousand square feet or more, including
harvesting on agricultural lands, shall submit a sediment control
plan for approval. This plan is also required for any harvests which
will cross perennial or intermittent streams. 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 County.
(1)
If cuts and fills are three feet or more, if grades for roads
are fifteen percent or more, or if landings are on slopes of ten percent
or more, then the landowner must get a custom sediment control plan
for the operation. These are prepared by registered professional foresters
and include controls necessary to prevent site erosion and to ensure
site stabilization. This plan shall be submitted to the local Soil
Conservation District for approval and notice of approval sent to
the Department of Development Review and Permitting.
(2)
Either the owner or the operator shall take responsibility for
implementation of the sediment control plan or each subcontractor
must file a separate plan.
(3)
The landowner must sign the agreement to certify that he understands
the terms of the plan and is responsible for preventing erosion and
sedimentation during the forest harvesting.
(e)
Buffer protection standards for timber harvests. A minimum one-hundred-foot buffer shall be maintained in natural,
native vegetation between tidal waters, wetlands and streams and uplands.
The buffer is measured landward from the mean high water line (MHWL)
of tidal waters, from each bank of tributary streams and from the
landward edge of tidal wetlands.
(1)
Where necessary the buffer can be planted to protect, stabilize
or enhance the shoreline.
(a)
Definition. "Surface mining" is defined
as the breaking of the surface soil in order to extract or remove
minerals in the Critical Area. Surface mining includes any activity
or process constituting all or part of a process for the extraction
or removal of minerals from their original location in the Critical
Area and the extraction of sand, gravel, rock, stone, earth or fill
from borrow pits for highway construction purposes or for other facilities.
For the purpose of this section, "surface mining" is also defined
as operations engaged in processing minerals at the site of extraction;
removal of overburden and mining of limited amounts of any mineral
when done for the purpose of prospecting and to the extent necessary
to determine the location, quantity or quality of any natural deposit;
and mining operations, if the affected land exceeds one acre or more
in area.
(b)
General requirements. The County shall
assure that all available measures are taken to protect the Critical
Area from all sources of pollution from surface mining operations
including, but not limited to sedimentation, siltation, chemical and
petrochemical use and spillage, and storage and disposal of waste,
dusts and spoils. The County shall further assure that surface mining
is conducted in a way to permit the reclamation of surface mining
sites as soon as possible and to the extent possible.
(c)
Mineral resource plan and program. The
County mineral resources plan and program is included in the Comprehensive
Plan.
(d)
Standards. Surface mining operation permits
are issued by the Maryland Department of the Environment (MDE) and
periodic site inspections of permitted areas are made to determine
whether the conditions of the permit and the accompanying reclamation
plan are being fulfilled. Permits for surface mining operations in
the Critical Area shall only be granted if the following conditions
are met:
(1)
A reclamation plan shall be submitted as part of the permit
application which specifies the use which is proposed to be made of
the site following reclamation, the manner in which that soil and
subsoil are to be conserved and restored, the specifications for surface
gradient restoration suitable for the subsequent use, the proposed
manner and type of re-vegetation or other surface treatment of affected
areas and an acceptable schedule to the County for the implementation
of reclamation measures. Reclamation is to occur as mining on each
segment of a site is completed.
(2)
The operation will not have an unduly adverse effect on wildlife,
forests, or fresh water, estuarine or marine fisheries.
(3)
The operator has provided applicable permits from all federal,
state and local regulatory agencies responsible for air and water
pollution and sediment control.
(4)
Adequate consideration shall be given to:
A.
The effects of the proposed action on the environment, including
adverse and beneficial environmental effects that are reasonably likely
if the proposal is implemented or if it is not implemented.
B.
Measures that might be taken to minimize potential adverse environmental
effects and maximize potential beneficial environmental effects, including
monitoring maintenance, replacement, operation and other follow-up
activities.
C.
An applicant's previous experience with similar operations
which indicates that the operation will not result in substantial
deposits of sediment in stream beds or lakes, landslides, or other
causes of water pollution.
(e)
Location of future sites.
(1)
New surface mining operations are permitted within the Critical
Area, provided that identification of appropriate post-excavation
uses for this land such as recreation, habitat restoration, open space
use, or development are accomplished according to the appropriate
land management classification (IDA, LDA or RCA) and other applicable
County and state codes and ordinances.
(2)
Areas such as the following shall not be used for surface mining:
A.
Habitat protection areas and other important natural resource
areas such as those of scientific value or areas where assemblages
of rare species occur;
B.
Areas where highly erodible soils exist;
C.
Areas where the use of renewable resource lands would result
in the substantial loss of long-range twenty-five years or more) productivity
of forest and agriculture, or would result in a degrading of water
quality or a loss of vital habitat;
D.
Lands that are within one hundred feet of the mean high water
line of tidal waters, tidal wetlands, or the edge of streams.
(3)
Surface mining operations shall operate under the following
conditions:
A.
Future wash plants including ponds, spoil piles and equipment
may not be located within the buffer as defined in this Subtitle.
B.
Existing wash ponds shall be reclaimed as soon as possible after
the cessation of a sand and gravel operation.
C.
To the fullest extent possible, existing sand and gravel operations
shall conduct their extraction activities so as to provide, at a minimum,
a one-hundred-foot buffer of natural vegetation between the operation
and the mean high water line of tidal waters or the edges of streams
and tidal wetlands, whichever is further inland.
(a)
General requirements. The County shall
follow all of the following requirements with regard to agriculture
in the Critical Area:
(1)
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.
(2)
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.
(3)
Assure that the creation of new agricultural lands is not accomplished:
A.
By diking, draining or filling of any class or subclass of palustrine
wetlands, as described in this Program, which have a seasonally flooded
or wetter water regime, unless mitigation is accomplished in accordance
with applicable state and County regulations;
B.
By clearing of forests or woodlands on soils with a slope greater
than fifteen percent; or on soils with a K value greater than thirty-five
hundredths and slope greater than five percent;
C.
If the clearing will adversely affect water quality or will
destroy plant and wildlife habitat as defined in this Subtitle; or
D.
By the clearing of existing natural vegetation within the Buffer
as defined in this Subtitle.
(4)
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 County Soil Conservation District.
(5)
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.
(6)
Assure that animal feeding operations, including retention and
storage ponds, feed lot waste storage and manure storage minimize
the contamination of water bodies.
(7)
Assure that agricultural activity permitted within the Critical
Area uses best management practices in accordance with a soil conservation
and water quality plan approved by the County Soil Conservation District.
(b)
Inventory of agricultural lands. Worcester
County's intent is to maintain agriculture and forestry as viable
and productive land uses within the Pocomoke watershed. 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 §§ NR 3-219 through NR 3-223 of
this Subtitle. These maps shall be used to make an initial determination
regarding how a proposed agricultural activity may adversely impact
a habitat protection area.
(c)
Performance standards for agriculture. The following performance standards shall apply to all land in agricultural
use or to be converted to agricultural use within the Critical Area:
(1)
The County hereby incorporates the agricultural components of
the State 208 Water Quality Plan into this program. These components
shall be applicable to all agricultural activities in the Critical
Area.
(2)
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 Worcester 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.
(3)
A landowner shall select and implement practices, 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.
(4)
Cover crops shall be planted to reduce erosion.
(5)
Nutrients shall be applied at the appropriate time and appropriate
methods shall be used.
(6)
Reduced tillage (e.g. no-till) practices shall be utilized where
practical.
(7)
Crop rotations shall be implemented.
(8)
Agricultural activities are permitted in the buffer, if, as
a minimum best management practice, a twenty-five-foot vegetated filter
strip measured landward from the mean high water line of tidal waters
or tributary streams, 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 four feet
for every one percent of slope, for slopes greater than six percent.
C.
The twenty-five-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
twenty-five-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 fifty 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.
F.
Farming activities, including the grazing of livestock, shall
not disturb stream banks, tidal shorelines or other habitat protection
areas as described in this Subtitle.
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
functions as set forth in this section of the Subtitle.
(a)
Description. The habitat protection section
of the Worcester County Critical Area Subtitle addresses protection
of the following four habitats:
(b)
Identification. Maps illustrating the
general location, extent and configuration of habitat protection areas
in Worcester County are on file with the Department of Development
Review and Permitting. They will be used as a flagging device to assist
property owners, developers, any person proposing development activity,
the Department of Development Review and Permitting, the Planning
Commission and other agencies of the county government when reviewing
development plans. While these maps give a general indication of the
area, they do not excuse any property owner or operator from establishing
to the satisfaction of the Worcester County Planning Commission whether
or not the property or activity will affect the element of habitat
to be protected. At the time of development the applicant will be
responsible for providing an on-site analysis and inventory.
(a)
Identification of the buffer. The establishment
of a minimum one-hundred-foot buffer from the mean high water line
of tidal waters, the edge of the bank of tributary streams, and the
landward extent of tidal wetlands shall be required on a site-by-site
basis as part of the environmental review and site analysis process.
(b)
General requirements. Worcester County
adopts the following requirements with regard to the functions of
the buffer:
(1)
Provide for the removal or reduction of sediments, nutrients
and potentially harmful or toxic substances in runoff entering the
Bay and its tributaries;
(2)
Minimize the adverse effects of human activities on wetlands,
shoreline, stream banks, tidal waters and aquatic resources;
(3)
Maintain an area of transitional habitat between aquatic and
upland communities;
(4)
Maintain the natural environment of streams; and
(5)
Protect riparian wildlife habitat.
(c)
Standards. The following criteria apply
to land use activities within the buffer:
(1)
The buffer shall be established at a minimum distance of one
hundred feet landward from the mean high water line of tidal waters,
the edge of the bank of tributary streams and the landward edge of
tidal wetlands within the Critical Area.
(2)
The buffer shall be expanded beyond one hundred feet to include
contiguous sensitive areas such as steep slopes, hydric soils or highly
erodible soils whose development or disturbance may impact streams,
wetlands or other aquatic environments. In the case of contiguous
slopes of fifteen percent 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.
(3)
The buffer shall also be required along both sides of all drainage
ditches if adjacent agricultural lands do not have in place best management
practices cited and approved under the agricultural protection section
of this Subtitle.[1] The buffer may be used to establish wildlife corridors
as defined under this program.
[1]
Editor's Note: See § NR 3-217, Agriculture.
(4)
New development activities including structures, roads, parking
areas and other impervious surfaces, mining and related facilities
or septic tanks may not be allowed in the buffer except for those
necessarily associated with water-dependent facilities approved under
§§ NR 3-223 and NR 3-224 of this Subtitle.
(5)
The buffer shall be maintained in natural vegetation, but may
include planted vegetation where necessary to protect, stabilize,
or enhance the shoreline. When lands are proposed to be developed
or converted to new uses, the buffer shall be established. In establishing
the buffer, management measures shall be undertaken to provide forest
vegetation that assures the buffer functions as set forth in this
section.
(d)
Tree cutting in the buffer. The buffer
shall be managed to achieve or enhance the requirements stated in
§ NR 3-219(c). Individual trees may be cut for personal
use, provided the cutting does not impair water quality or existing
habitat value or other functions of the buffer. Cutting of trees or
clearing of vegetation within the buffer shall be prohibited except
that:
(1)
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.
(2)
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 on an equal
basis for each tree cut.
(3)
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.
(4)
Horticultural practices may be used to maintain the health of
individual trees.
(5)
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.
(e)
Buffer exemption areas. The County will
consider the designation and mapping of certain areas as buffer exemption
areas. The area requested for designation as a buffer exemption area
must be significant in size and characteristics to warrant the County's
application to the State Critical Area Commission for an amendment
to the County's Critical Area Program. Generally, it must be
sufficiently demonstrated that the existing pattern of development
in the proposed buffer exemption area prevents the buffer from fulfilling
the functions set forth in § NR 3-219(b). If a buffer exemption
area designation is requested, the County must propose other measures
for achieving the water quality and habitat protection objectives
of the buffer policies. These measures may include, but are not necessarily
limited to offsets, public education and forestry programs. The measures
must be approved under this Subtitle and by the Chesapeake Bay Critical
Area Commission.
(a)
Identification. The approximate location
of rare, threatened and endangered species and species in need of
conservation are shown on the one-inch-equals-six-hundred-feet scale
resource inventory maps filed with the Department of Development Review
and Permitting. These maps will be used as a flagging device. Significant
habitat areas include:
(1)
Pocomoke Sand Ridge. This area is comprised of a system of ancient
sand dunes and associated non-tidal wetlands which supports an endangered
species and several uncommon species, as more fully described in the
Worcester County Chesapeake Bay Critical Area Program.
(2)
Poorhouse Branch. This area encompasses riparian forest, wetlands,
and the habitats of several threatened and endangered species, as
more fully described in the Worcester County Chesapeake Bay Critical
Area Program.
(3)
Bald eagle nests. There are several bald eagle nests along the
Pocomoke River, and special protection measures are necessary to keep
the region around these nests free from disturbance during the nesting
season. This significant habitat area is as more fully described in
the Worcester County Chesapeake Bay Critical Area Program.
(b)
General requirements. The County shall
provide for the protection of the known habitats of species in need
of conservation and threatened and endangered species and also the
habitats of these species that may be identified in the future. Protection
measures for these habitat protection areas are to be developed in
the following way:
(1)
Local jurisdictions may defer development of protection measures
until such time as an activity is proposed within a protection area.
A.
Worcester County shall review the proposed activities on a case-by-case
basis and seek technical advice from the Department of Natural Resources.
Development of property located within the Critical Area of Worcester
County will require a site specific survey to be submitted along with
design plans and a written description of the measures the property
owner proposes to take to protect any habitats identified. This information
concerning habitats will be incorporated into the County's Resource
Inventory Maps for future reference.
(c)
Standards for bald eagle protection. A
three-zone protection area of one-fourth mile (one thousand three
hundred twenty feet) in radius around each bald eagle nest shall be
established and within the zones the County shall comply with the
following recommended protection measures:
(1)
Zone 1 shall include the area extending from the nest out to
a radius of three hundred thirty feet from the nest. In this zone,
timber cutting, land clearing, and development activities are prohibited.
Hiking, fishing, and agricultural activities may be permitted from
June 16 to December 14. These activities and human activity in general
shall not be permitted in this zone from December 15 to June 15.
(2)
Zone 2 extends from the outer limit of Zone 1 to a radius of
six hundred sixty feet from the nest. In this zone, major habitat
changes shall be avoided, including clear-cutting, land clearing,
and development activity. Hunting, hiking, fishing, and agricultural
activities may be permitted from June 16 to December 14. These activities
and human activity in general shall not be permitted in this zone
from December 15 to June 15. Agricultural activities may be permitted
if Department of Natural Resources data indicate that the nesting
eagles are tolerant of these activities. From August 16 to November
14, selective thinning and maintenance of timber stands and building
and road maintenance may be permitted.
(3)
Zone 3 extends from the outer limit of Zone 2 to a radius of
one thousand three hundred twenty feet from the nest. Timber cutting,
land clearing, and development activities shall be restricted from
December 15 to June 15. Other activities in this zone that are within
sight of the eagles on the nest may need to be restricted during this
time period in accordance with Department of Natural resources recommendations.
(4)
If a bald eagle nest has not been used for three successive
nesting seasons, then any protective regulations applied to the specific
site may be removed after verification by the Department of Natural
Resources that the nest has been abandoned.
(d)
Implementation. The owner of any property containing a portion of, or adjacent to, a habitat of a threatened or endangered species or a species in need of conservation on which a land altering or land development activity is proposed shall prepare and submit a habitat protection plan, as described in Subsection (e) below, to the Department of Development Review and Permitting prior to beginning the activity. The Department of Development Review and Permitting will request review and comments from the Department of Natural Resources. A land altering activity shall include, but not be limited to, such activities as subdivision, timbering, sand and gravel mining, clearing new farmlands, and the construction of homes or commercial structures.
(1)
Management agreements, easements, and acquisition efforts shall
be subject to the approval of the Maryland Department of Natural Resources
and other appropriate public agencies, private organizations and affected
landowners.
(e)
Habitat protection plans. Habitat protection
plans shall consist of the following elements:
(1)
Designation of a protection area or buffer around each of the
habitats occurring on a particular site or in the jurisdiction where
development activities are proposed. Development activities and other
disturbances shall be prohibited within the protection areas unless
it can be shown that these activities or disturbances will not have
or cause adverse impacts on these habitats.
(2)
Development and implementation of specific protection measures
or best management practices such as time of year restrictions, landscaped
buffers, water quality control structures, etc. designed to protect
the habitat from adverse impacts associated with a change in land
use, development activity, or increased human activity.
(f)
Public notice. The determination of the
existence and extent of these habitats and protection areas shall
result from a cooperative effort between the Department of Development
Review and Permitting and public agencies or private organizations.
Designation of habitat and protective measures may not be accomplished
unless the affected public is given an adequate opportunity to be
heard. If additional habitat areas are designated in the future, as
desired by the local government, or if the Secretary of the Department
of Natural Resources designates additional species and/or habitat
areas, a public hearing, as appropriate, shall be held to consider
comments on these areas and the protection measures proposed. The
protection measures shall be adopted within twelve months of the date
of the Secretary's designation.
(1)
The establishment of habitat protection areas shall not be intended
to restrict or affect, beyond any existing local, state or federal
laws or regulations, or, on private land, any private restrictions,
such activities as non-commercial passive recreation, educational
pursuits, scientific observation, or non-commercial hunting, trapping
or fishing.
(2)
Development activities in areas of threatened or endangered
species in need of conservation may be subject to other provisions
and requirements of this Program.
(a)
Description. The following plant and
wildlife habitats shall be identified in the Critical Area:
(1)
Colonial water bird nesting sites;
(2)
Historic waterfowl staging and concentration areas in tidal
waters, tributary streams or tidal and non-tidal wetlands;
(3)
Existing riparian forests, including relatively mature forests
of at least three hundred feet in width which occur adjacent to streams,
wetlands, or the bay shoreline and which are documented breeding areas;
(4)
Forest areas utilized as breeding areas by forest interior dwelling
birds and other wildlife species, including relatively mature forested
areas within the Critical Area of one hundred acres or more or forest
connected with such areas;
(5)
Other plant and wildlife habitats determined to be of local
significance and so designated by resolution of the County Commissioners;
(6)
Natural heritage areas which have been designated; and
(7)
Non-tidal wetlands.
(b)
General requirements. The requirements
of Worcester County regarding plant and wildlife habitat in the Critical
Area shall be to:
(1)
Conserve wildlife habitat in the Critical Area;
(2)
Protect those wildlife habitats that tend to be least abundant
or which may become so in the future if current land use trends continue;
(3)
Protect those wildlife habitat types which are required to support
the continued presence of various species;
(4)
Protect those wildlife habitat types and plant communities which
are determined by the County to be of local significance;
(5)
Protect natural heritage areas; and
(6)
Protect and conserve non-tidal wetlands.
(c)
Standards. In addition to the standards
set forth in § NR 3-219 for the protection of the buffer,
the following standards shall apply to new development and redevelopment
within the Critical Area:
(1)
Any development or significant land use change of property located
within the Critical Area of Worcester County will require a site-specific
survey to determine the presence of any plant and wildlife habitat
areas. The survey shall be submitted along with design plans and a
written description of the measures the property owner proposes to
take to protect the habitats identified. This information concerning
habitats will be incorporated onto the Resource Inventory Maps for
future reference.
(2)
The County may seek additional information and comments from
the Department of Natural Resources and other appropriate agencies
and adjacent jurisdictions.
(3)
For development activities in the RCA and LDA, wildlife corridors
shall be established and used to connect the area left in forest cover
with any large forest tracts which are located outside of the area
of the property being developed or subdivided. The area left in forest
cover shall be adjacent to larger forest, not left as an isolated
island of trees. Planting required as a mitigation measure shall also
be adjacent to other habitats. Tree planting which serves only as
a visual screening does not meet these requirements.
(4)
Buffer areas for colonial water bird nesting sites shall be
established (if such birds are found to exist in the Critical Area)
so that these sites are protected from the adverse impacts of development
activities and from disturbance during the breeding season.
(5)
New water-dependent facilities shall be located to prevent disturbance
to sites of significance to wildlife such as historic, aquatic staging
and concentration areas for waterfowl.
(6)
Protection measures, including a buffer area, shall be established
where appropriate for other plant and wildlife habitat sites identified
in this Subtitle.
(7)
Forested areas required to support wildlife species identified
above in § NR 3-221(c)(3) and (4) shall be protected and
conserved by developing management programs which have as their objective
conserving the wildlife that inhabit or use the areas. Development
activities or the clearing or cutting of trees which might occur in
the areas shall be conducted so as to conserve riparian habitat, forest
interior wildlife species and their habitat. Management measures may
include incorporating appropriate wildlife protection elements into
timber harvest plans, forest management plans, cluster zoning or other
site design criteria which provide for the conservation of wildlife
habitat. Measures may also include soil conservation plans which have
wildlife habitat protection provisions appropriate to the areas defined
above, and incentive programs which use the acquisition of recorded
easements in perpetuity and other similar techniques.
(8)
When development activities or the cutting or clearing of trees
occurs in forested areas, corridors of existing forest or woodland
vegetation shall be maintained to the extent practical to provide
effective connections between wildlife habitat areas.
(9)
Those plant and wildlife habitats considered to be of local
significance by the County shall be protected. Examples of these are
those whose habitat values may not be of statewide significance but
are of importance locally or regionally because they contain species
uncommon or of limited occurrence in the jurisdiction or because the
species are found in unusually high concentrations.
(10)
Natural heritage areas shall be protected from alterations due
to development activities or cutting or clearing so that the structure
and species composition of the areas are maintained.
B.
Development activities or cutting and clearing in natural heritage
areas shall be prohibited unless an analysis is performed and measures
proposed to mitigate any adverse impacts of the proposed activities.
The analysis and mitigation measures shall be prepared by qualified
professionals (e.g., ornithologists, zoologists, environmental engineers
and planners) at the expense of the applicant and shall address the
expected effects on the natural environment within the natural heritage
area.
C.
The analysis shall be submitted to the Worcester County Department
of Development Review and Permitting which will then submit it to
the State Department of Natural Resources for review and comment.
Upon receiving said comment and, if appropriate, upon seeking the
advice of expert consultants, the Department of Development Review
and Permitting shall find against or in favor of the activities or
may make suggestions for changing the analysis and ask the applicant
to resubmit the analysis. The initial analysis review between the
Department of Development Review and Permitting and the State Department
of Natural Resources shall be completed within sixty days from submission.
The State Department of Natural Resources shall make a recommendation
for consideration by the Department of Development Review and Permitting
in making its decision as to whether to find against or in favor of
the activities.
(d)
Public notice. The determination of the
existence and extent of plant and wildlife habitats shall result from
a cooperative effort between the County and public agencies or private
organizations. Designation of habitat and protective measures may
not be accomplished unless the affected public is given an adequate
opportunity to be heard. If additional plant and wildlife habitat
areas are to be designated in the future, local public hearings, as
appropriate, shall be held to consider comments on the areas and protection
measures proposed.
(a)
Identification. The County has identified
and mapped anadromous fish propagation waters as defined in § NR
3-202 and these maps are available at the Worcester County Department
of Development Review and Permitting.
(b)
General requirements. The requirements
of the County with regard to anadromous fish propagation waters shall
be to:
(1)
Protect the instream and streambank habitat of anadromous fish
propagation waters;
(2)
Promote land use policies and practices in the watershed of
spawning streams within the Critical Area which will minimize the
adverse impacts of development on the water quality of the streams;
and
(3)
Provide for the unobstructed movement of spawning and larval
forms of anadromous fish in streams.
(c)
Standards. Within anadromous fish propagation
watersheds, the following measures are required:
(1)
The installation or introduction of concrete riprap or other
artificial surfaces onto the bottom of natural streams shall be prohibited
unless it can be demonstrated that water quality and fisheries habitat
can be improved.
(2)
Channelization or other physical alterations which may change
the course or circulation of a stream and thereby interfere with the
movement of fish, shall be prohibited.
(3)
The County shall require each development activity that occurs
within a watershed draining to anadromous fish propagation waters
to fulfill the following objectives:
A.
Minimize development activities or land disturbances within
the watershed;
B.
Maintain, or, if practicable, improve water quality in affected
streams or other water bodies;
C.
Minimize to the extent possible the discharge of sediments into
affected streams or other water bodies;
D.
Maintain, or, if practicable, increase the natural or native
vegetation of the watershed and tree canopy over the streams;
E.
Indicate how any portion or the development activity outside
the Critical Area will maintain or improve water quality of the affected
watershed;
(a)
Identification. Water-dependent facilities
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
which are located in a subdivision which does not provide community
piers.
(b)
General requirements. The requirements
of the County 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.
(c)
Standards. The following standards shall
apply to new or expanded development activities associated with water-dependent
facilities:
(1)
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:
A.
That they are water-dependent;
B.
That the project meets a recognized private right or public
need;
C.
That adverse effects on water quality, fish, plant and wildlife
habitat are minimized;
D.
That, insofar as possible, non-water-dependent structures or
operations associated with water-dependent projects or activities
are located outside the buffer; and
E.
That the facilities are consistent with an approved local plan
as set forth below.
(2)
Except as otherwise provided in this subtitle, new or expanded
development activities may not be permitted in those portions of the
buffer which occur in Resource Conservation Areas.
(d)
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. Applicants for water-dependent facilities
in a Resource Conservation Area must apply for a portion of the County's
growth allocation as set forth in § NR 3-207 of this Subtitle.
(e)
Evaluating plans for new and expanded water-dependent
facilities. The Worcester County Department of Development
Review and Permitting shall evaluate on a case-by-case basis all proposals
for expansion of existing or new water-dependent facilities. The Department
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:
(1)
That the activities will not significantly alter existing water
circulation patterns or salinity regimes;
(2)
That the water body upon which these activities are proposed
has adequate flushing characteristics in the area;
(3)
That disturbance to wetlands, submerged aquatic plant beds,
or other areas of important aquatic habitats will be minimized;
(4)
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;
(5)
That shellfish beds will not be disturbed or be made subject
to discharge that will render them unsuitable for harvesting;
(6)
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;
(7)
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:
(8)
That interference with the natural transport of sand will be
minimized; and
(9)
That disturbance will be avoided to historic areas of waterfowl
staging and concentration or other habitat protection areas identified
in §§ NR 3-218 through NR 3-222 of this Subtitle.
(f)
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 exempted from buffer designation
as discussed in § NR 3-219(e) of this Subtitle and are subject
to the provisions set forth in that section.
(g)
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 Subsection (i) below. Expansion of existing marinas may be permitted by the Worcester County Department of Development Review and Permitting 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 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.
(h)
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 following requirements:
(1)
These facilities may not offer food, fuel, or other goods and
services for sale and shall provide adequate and clean sanitary facilities;
(2)
The facilities are community-owned and established and operated
for the benefit of the residents of a platted and recorded riparian
subdivision;
(3)
The facilities are associated with a residential development
approved by the County for the Critical Area and consistent with all
state requirements and program requirements for the Critical Area;
(4)
Disturbance to the buffer is the minimum necessary to provide
a single point of access to the facilities; and
(5)
If community piers, slips, or moorings are provided as part
of the new development, private piers in the development are not allowed.
(6)
The number of slips, or piers, permitted at the facility shall
be the lesser of Subsection (h)(6)A or B below:
A.
One slip for each fifty feet of shoreline in the subdivision
in the Intensely Developed and Limited Development Areas and one slip
for each three hundred 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
|
(i)
Public beaches and other public 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:
(1)
Adequate sanitary facilities exist;
(2)
Service facilities are, to the extent possible, located outside
the buffer;
(3)
Permeable surfaces are used to the extent practicable, if no
degradation of groundwater would result;
(4)
Disturbance to natural vegetation is minimized; and
(5)
Areas for possible 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.
(j)
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.
(k)
Fisheries activities. Lands and water
areas with high aquacultural potential will be identified by the County
in cooperation with the state when applications for new or expanded
fisheries or aquaculture facilities in these areas are submitted to
the County. 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.
(a)
Standards. Except as provided in Subsections
(a)(1), (2), and (3) below, the County 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.
(1)
The County 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.
(2)
The County 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:
A.
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;
B.
The project does not require an expansion of the pier greater
than twenty-five percent of the area of piers or dry docks removed
on the same property; however, additional expansion may be allowed
in the amount of ten percent 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 non-functional piers on the
property are removed except for the project pier. The total expansion
may not exceed thirty-five percent of the original size of the piers
and dry docks removed;
C.
The project is approved by the Worcester County Department of
Development Review and Permitting and Worcester County Shoreline Commission;
D.
The project is located in an Intensely Developed Area (IDA)
as designated in programs approved by the Critical Area Commission.
(3)
The County 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.
(4)
If a structure that is not water-dependent is to be permitted
by the County 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
County's Critical Area Program:
A.
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;
B.
The quality of stormwater runoff from the project will be improved;
and
C.
Sewer lines or other utility lines extended for the pier will
not affect the water quality of adjoining waters.
(a)
Generally. As an alternative to structural
erosion controls which can disturb the aquatic environment and increase
erosion downstream, the County 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
vegetated shorelines. The criteria set forth in this Subtitle are
not intended to apply to those structures necessarily associated with
water-dependent facilities as discussed in § NR 3-224 of
this Subtitle.
(b)
General requirements. In protecting shore
areas from erosion the County shall follow these requirements:
(1)
Encourage the protection of rapidly eroding portions of the
shoreline in the Critical Area by public and private landowners;
(2)
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.
(c)
Implementation. The County shall require
that each application for shore erosion protection demonstrate how
it complies with the following objectives:
(1)
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.
(2)
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;
(3)
Non-structural measures shall be utilized in areas of erosion
where they would be a practical and effective method of erosion control;
(4)
Structural erosion measures shall not be encouraged in areas
where no significant erosion occurs;
(5)
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.
(d)
Process. The County, in reviewing any
application for a permit for structural erosion control devices, shall
refer the application to the Soil Conservation District and to the
Department of Natural Resources for field verification of the need
for the structural erosion control as well as for recommendations
on proposed erosion control mechanisms.