Town of Chesapeake Beach, MD Design Standards

Where a tract of land bordering tidal water, wetlands, or tributary streams in the Critical Area District is to be subdivided and a Buffer exemption has not been granted by the Critical Area Commission, a Buffer of at least 100 feet shall be established in natural vegetation (except areas of the Buffer that are planted in native vegetation where necessary to protect, stabilize, or enhance the shoreline). No development including septic systems, impervious surfaces, parking areas, roads, or structures is permitted in the Buffer, except as may be necessarily associated with water-dependent facilities in accordance with Chapter 290, Zoning.

If the lot ownership extends to the water, wetlands, or streambed, then the Buffer shall be included in the required setback distance for building on that lot. The Buffer shall be expanded by 10 feet for a building restriction line, unless otherwise established on a project-by-project basis. Where the Buffer is to be owned and maintained by a homeowners' association or similar appropriate organization, the required setback distance shall be measured from the property line separating that lot from the designated Buffer. This Buffer, when not included in the lots, may be included in calculating gross density.

The Buffer shall be extended according to the following rules:

In the case of contiguous steep slopes of greater than 15% or more incline, the Buffer shall be expanded four feet for every 1% of slope, or to the top of the slope, whichever is greater.

Where the site of the proposed land disturbance drains to the Buffer not fully covered by forest or developed woodland, the Buffer shall be extended to the upland limit of the adjacent hydric soils, soils with hydric properties, and erodible soils.

The applicant may provide afforestation in the Buffer as an alternative to extending the Buffer to include hydric soils, soils with hydric properties, and erodible soils, provided that no area of hydric soils is classified as a nontidal wetland. Afforestation must be in accordance with Chapter 290, Zoning, Article IV, § 290-17H.

All roads, bridges, lots, and other development that crosses or is are located adjacent to tributary streams in the Critical Area District shall not be located in the Buffer and shall further:

Be designed in a manner to reduce increases in flood frequency and severity.

Provide for the retention of natural streambed substrate.

Minimize adverse impacts to water quality and stormwater runoff.

Retain existing tree canopy in the Buffer adjacent to tributary streams so as to maintain stream water temperature with normal variations.

(5)

Cutting or clearing of trees within the Buffer shall be prohibited except as follows:

Commercial cutting of trees or clear-cutting is limited to selective loblolly pine and tulip poplar to within 50 feet of the landward edge of the mean high water line of tidal waters, perennial tributary streams and tidal wetlands.

Commercial harvesting is prohibited in the Habitat Protection Areas.

Commercial harvesting shall be conducted in conformance with a Buffer Management Plan prepared by a registered professional forester and approved by the Maryland Forest, Park and Wildlife Service. The plan shall be required for all commercial harvests and shall contain the following minimum requirements:

Disturbance to stream banks and shorelines shall be avoided; and

Disturbed areas shall be replanted, or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife, and the disturbed area shall reestablish the wildlife corridor function of the Buffer; and

The harvesting shall not involve the creation of logging roads and skid trails within the Buffer.

Noncommercial cutting and clearing of trees within the Buffer is permitted for the following purposes:

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 protective device or measure, or a water-dependent facility; provided, however, that the structures or facilities have been permitted by appropriate state and federal agencies;

Individual trees may be cut for personal use, provided that the Buffer functions are not impaired and all trees are replaced on an equal basis for each tree cut;

Individual trees which are in danger of falling and causing damage to dwellings or other structures, or which are in danger of falling and thereby causing blockage of streams or accelerated shore erosion, may be removed;

[4]

The health of individual trees may be maintained by the use of horticultural practices; and

[5]

Other cutting techniques within the Buffer may be used if necessary to preserve the forest from extensive pest or disease infestation or threat of fire; provided, however, that such techniques are used pursuant to the advice and guidance of the Departments of Agriculture and Natural Resources.

(6)

No clearing or grading is permitted in the Buffer (nor on steep slopes and hydric or highly erodible soils) other than for permitted agricultural activities or permitted commercial or noncommercial forestry practices. All such clearing or grading must be in accordance with an approved grading permit.

Rare species and habitat protection areas.

All subdivisions in the Critical Area District shall be subject to the Rare Species Protection Plan (Section II of Program 9) and the Plant and Wildlife Habitat Protection Plan (Plan 4 of Program 9) (the "Habitat Protection Program") prescribed in the Town Critical Area Protection Program.

The subdivision shall be designed to assure that those plant and wildlife areas identified as Habitat Protection Areas are afforded protection as prescribed in the criteria and guidelines in the Rare Species Protection Plan and the Habitat Protection Program.

If the proposed development activity will occur within or adjacent to the Rare Species Habitat Protection Areas, the developer must contact the Maryland Natural Heritage Program for assistance in establishing species-/site-specific protection measures. The following requirements must be met:

The developer shall designate protection areas around the essential habitat of the rare species. Development activities or other disturbances shall be prohibited in the protection area, unless it can be shown that these activities or disturbances will not have or cause adverse impact on the habitat. The protection area designation will be made with input from the Maryland Natural Heritage Program and the Maryland Forest, Park and Wildlife Service.

The developer shall implement design strategies that work to protect the rare species and essential habitat. These strategies should include (but are not limited to) restrictions on siting of structures, use of cluster design, establishment of undisturbed open space areas, restrictive covenants, and restrictions on noise levels and timing of construction activities.

With respect to all Habitat Protection Areas, the following requirements must be met:

The developer must identify areas of riparian habitat and large forested areas.

A trained professional experienced in ornithology and standardized biological survey techniques must determine the presence of interior dwelling bird habitat, unless the Maryland Forest, Park and Wildlife Service has already determined that such habitat is not present on the property. Survey results must be reviewed and approved by the Maryland Forest, Park and Wildlife Service.

A plan must be developed to ensure that riparian areas and large forested areas supporting interior dwelling species are protected and conserved. The objective of the plan must be to protect wildlife that inhabits or uses these areas. The developer must submit a plan prepared in conjunction with the Maryland Forest, Park and Wildlife Service and technical assistance from the Bay Watershed Forester. The plan should include such protective measures as:

Cluster development disturbance to the periphery of the site.

Retaining the continuous cover of canopy and understory trees.

Minimizing small clearings and expansion of forest edge habitat.

[4]

Retaining standing dead trees (snags).

[5]

Minimizing disturbance during the May through August breeding season.

The developer must submit, with the plan referenced in Subsection B(4)(c) above, a Habitat Protection Area checklist in the form attached hereto as Appendix H.[1]

Editor's Note: Appendix H is included at the end of this chapter.

(e)

Prior to approval of the proposed protection measures, a public hearing will be held, if deemed appropriate, to consider comments on the proposed protection plan for Rare Species and Habitat Protection Areas.

(5)

With respect to Habitat Protection Areas, the following criteria apply:

Roads, bridges, and utilities serving lots shall be located to avoid disturbances to Habitat Protection Areas. When no alternative exists and such infrastructure must cross or be located in Habitat Protection Areas, the applicant shall demonstrate how impacts to habitats have been minimized and that no feasible alternative location of such infrastructure exists.

Lots and open space areas in a subdivision shall incorporate a wildlife corridor system designed to provide for maintenance of existing wildlife and plant habitats and continuity with those wildlife and plant habitats on adjacent properties. Existing wildlife corridors shall be identified on proposed development plans. When wildlife corridors exist or are proposed, they shall include any existing Habitat Protection Areas and connect large forested areas on or adjacent to the property.

Dredged spoil from water-dependent facilities shall not be placed in Habitat Protection Areas, except for:

Backfill for permitted shore erosion protection measures;

Use of spoils in approved vegetated shore erosion projects;

Placement of spoils on previously approved channel maintenance spoil disposal areas; and

[4]

Beach nourishment.

Commercial or noncommercial tree cutting or clearing of existing natural vegetation in the Buffer is not permitted except as provided in Subsection A(5) above.

(e)

Agricultural activities, including the grazing of livestock, shall not disturb Habitat Protection Areas.

Vegetation.

The applicant shall delineate those site areas not covered by impervious surfaces to be maintained or established in vegetation. Where vegetation is not proposed, the applicant shall demonstrate why plantings for such portions of the site are impracticable. Types of planting and vegetation proposed shall be in accordance with guidelines established in as part of the Town Critical Area Protection Program.

Land to be subdivided shall be designed and improved in reasonable conformity to existing topography, in order to minimize grading, cut and fill, and to retain, insofar as possible, the natural contours, minimize stormwater runoff, and conserve the natural cover and soil. No soil, sand, or gravel shall be removed from any lots shown on any subdivision plat, except in accordance with the provisions of a sediment control plan approved by the Planning and Zoning Commission as part of the submittals required hereunder.

Development and redevelopment in the Critical Area District are encouraged to increase natural vegetation on the development site.

Stormwater management.

The applicant shall be required to identify the stormwater management practices appropriate to the development that achieve the following standards:

In areas designated as IDAs on the Town Critical Area Map, the applicant shall demonstrate that the stormwater management practices achieve a ten-percent reduction of predevelopment pollutant loadings (See the Stormwater Management Ordinance for computation methodology.); and

Limitations on stormwater runoff to a lower volume or rate than would have resulted predevelopment from a ten-year storm.

In the event that the stormwater management practices do not achieve the ten-percent reduction in predevelopment pollutant loadings, then offsets shall be provided. Offsets may be either on-site or off-site, provided they meet the requirements of this chapter and the Stormwater Management Ordinance.[2]

Editor's Note: See Ch. 236, Stormwater Management.

Impervious surfaces. Impervious surfaces in subdivisions located in LDAs and RCAs of the Critical Area District shall be limited to 15% of the gross lot area, except in the following three instances it may be increased to 25% of the gross lot area:

[Amended 9-4-1991 by Ord. No. O-91-5]

For a parcel or a lot of 1/2 acre or less in size that was in residential use or zoned for residential purposes on or before December 1, 1985;

For a parcel or a lot of 1/4 acre or less in size that was a nonresidential use (i.e., commercial, industrial, institutional) on or before December 1, 1985; and

For a lot of one acre or less in size, as a part of a subdivision approved after December 1, 1985, impervious surfaces of the lot may not exceed 25% and the total impervious surface of the entire subdivision may not exceed 15%.

Forestation and afforestation. Subdivisions located in LDAs and RCAs are required to meet the following minimum standards for forest and developed woodlands. Forest and developed woodlands as defined in these regulations shall be created or protected in accordance with the following:

When no forest exists on the property, at least 15% of the gross site area shall be afforested. The location of the afforested area should be designed to reinforce protection to site habitats or provide connections between forested areas when they are present on adjacent properties.

When forests or developed woodland exist on the property and the proposed development requires the cutting or clearing of trees, the applicant shall submit plans for development and areas to be cleared to the Maryland Forest, Park and Wildlife Service for comments and recommendations and shall transmit such comments and recommendations to the Planning and Zoning Commission. A grading permit shall be obtained prior to any clearing or cutting associated with proposed development. In addition, cutting or clearing shall be subject to the following requirements for replacement.

All forest cleared or developed shall be replaced on not less than an equal area either on the property or on an alternative property approved by the Public Works Administrator. When the actual development pad is created and cleared, and areas are reforested or afforested to the extent possible, a forest area shall continue to be considered a developed woodland and no replacement shall be required.

No more than 20% of the forested or developed woodland within the site proposed for development may be removed, and the remaining 80% shall be maintained as forest cover through the use of appropriate instruments (e.g., recorded restrictive covenants). Removal of forest or developed woodland cover in the Buffer is prohibited.

(5)

Clearing of forest or developed woodlands up to 20% shall be replaced on an area basis of one to one. A developer may propose clearing up to 30% of the forest or developed woodland on a property, but the trees removed in excess of 20% must be replaced at the rate of 1.5 times the amount removed either on the property or on another property approved by the Planning and Zoning Commission.

(6)

If more than 30% of the forest on a property is cleared, the forest is required to be replanted at three times the area removed.

(7)

If the cutting of forests occurs before a grading permit is obtained, the forest shall be replaced according to Subsection F(6) above.

(8)

A Forest Management Plan must be submitted to the Town for all timber harvesting occurring in the Critical Area in a one-year interval and affecting one or more acres of forest or developed woodland. The Forest Management Plan must meet the following requirements:

The Forest Management Plan must be prepared by a registered professional forester.

The consulting or industrial forester shall incorporate the Department of Natural Resources' minimum standards into his proposal.

The plan must include a forest management map (including identification of Habitat Protection Areas); water quality recommendations; proposed silvicultural methods; sediment and erosion control techniques; and recommendations for providing continuity of wildlife habitat.

Nontidal wetlands. All subdivisions in the Critical Area District shall be subject to the Nontidal Wetlands Protection Plan (Section II of Program 9 of the Town Critical Area Program), and any proposal for development or redevelopment in the Critical Area District shall meet the following criteria:

The developer must identify all nontidal wetlands on the site.

A minimum twenty-five-foot buffer must be maintained around all nontidal wetlands. Development activities or other activities which may disturb the wetlands or wildlife contained therein shall be prohibited unless it can be shown that these activities will not adversely affect the wetland. (This requirement does not apply to the grazing of livestock in nontidal wetlands.)

Development activities or other land disturbances in the wetland drainage area must be designed to minimize alterations to the surface or subsurface flow of water into and from the wetland and shall not cause impairment of the water quality of the plant and wildlife and habitat values of the wetlands.

If the proposed development activity is water-dependent, of substantial economic benefit or will cause unavoidable and necessary impacts to the wetlands, then a mitigation plan must be prepared by the developer. Activities requiring a mitigation plan include, but are not limited to, development activities, permitted tree cutting operations and permitted agricultural activities. The mitigation plan must meet the following requirements:

The developer must submit to the Town the checklist for nontidal wetlands protection in the form attached hereto as Appendix I.[3]

Editor's Note: Appendix I is included at the end of this chapter.

The mitigation plan must specify measures that will provide water quality benefits and plant and wildlife habitat equivalents to the wetland destroyed or altered, and mitigation shall be accomplished, to the extent possible, on-site or near the affected wetland.

For all nonagricultural activities, comments must be obtained from the Maryland Department of Natural Resources and, where appropriate, the Maryland Department of the Environment, the Maryland Department of Agriculture, the Soil Conservation Service and the U.S. Fish and Wildlife Service.