Town of Chesapeake Beach, MD Overlay and Floating Districts

Editor's Note: Former § 290-15, Bonus Density Overlay District, was repealed 11-17-2022 by Ord. No. O-22-12.

§ 290-16 Residential Planned Community District.

Purpose. The purpose of this floating district, the Residential Planned Community District, is provided for in § 290-9I.

Application. In areas where residential planned community development is proposed, the owner or owners may file applications for inclusion of the area within the RPC District. Such applications shall be accepted for consideration under the following conditions:

The area proposed shall be in one ownership or, if in several ownerships, the proposal for Zoning Map amendment shall be filed jointly by all of the owners of the properties included in the plan.

Each residential planned community shall have an area of at least 30 buildable contiguous acres. Lands which are divided by streets or rights-of-way (in fee or easement) owned by the applicant or applicants shall be deemed contiguous for purposes of this section. In computing the qualifying acreage hereunder, wetlands shall not be counted.

The application shall include a development plan as described in Subsection C.

Development plan.

Together with the petition for zoning as specified in Article VII, there shall be submitted an overall development plan which shall show, at a scale of one inch to 100 feet or larger:

Topography and significant natural features;

Proposed street system and parking facilities;

Proposed lot layout;

Proposed reservations for parks, recreational facilities and open space;

Proposed location of land uses and buildings;

Proposed residential lot sizes, densities and use types for each residential area and overall tract density;

A tabulation of the total number of acres in the proposed project and the percentage thereof designated for each of the proposed dwelling types, retail and other nonresidential uses, and parks, recreational facilities and open space;

A statement describing the proposed stormwater management, water supply and sewage disposal facilities and systems and the adequacy of such existing facilities and systems;

(i)

A statement of the method of assuring perpetual maintenance to be applied to those areas which are to be used for recreational or other common or quasi-public purposes.

(j)

A statement of the method of assuring adequate parking for all uses.

(k)

Proposed elevations, drawn in color, of buildings by type and proposed typical lot types showing the proposed arrangements of principal and accessory buildings, parking, and other features in relation to proposed side, rear and front yard setbacks.

(l)

A statement of the method intended to be used to assure that a consistent and compatible image for new development will be developed within the district, including architectural design, signage, and typical sections for streets and sidewalks.

(m)

A statement demonstrating the market demand for the project, the projected time frame for build-out, and a statement setting forth the intended phasing of the development.

The Planning Commission may authorize or require deviation from the regulations in the underlying zoning district relating to lot size, lot area per family, lot width, lot depth, front, rear and side yard requirements upon finding that such deviations will help achieve the purposes of this section.

Land uses.

Uses permitted by right and by special exception shall be as specified in Article III.[1]

Editor's Note: See Table 1, included at the end of this chapter.

Land use standards.

Not more than 5% of the total area of an RPC may be devoted to office, retail and service uses.

Not more than 50% of the total area may be devoted to single-family attached, townhouses, and multiple dwellings, and not more than 5% of the total area shall be devoted to multiple dwellings.

Not less than 10% of the total area shall be devoted to single-family detached dwellings.

Not less than 10% of the total area of a residential planned community shall be devoted to open space and basic recreational facilities for the principal use of residents of the RPC. Not less than 10% of the open space area provided shall be developed for active recreation such as playing fields, mini-parks, surfaced playing courts, etc.

The Planning and Zoning Commission, in considering applications hereunder, shall have the discretion to require the creation of an appropriate legal system to deal with the common areas to be established in an RPC in order that such common areas may be maintained and supported by the residents of those communities and not become a burden on the Town and its taxpayers in general. The Commission may hereinafter promulgate such rules, guidelines, and standards as it believes appropriate for this purpose, and it may require appropriate contributions from the developer for this purpose.

Procedures for approval.

Upon receipt of petition for a Zoning Map amendment and accompanying development plan, the same shall be taken under consideration by the Planning and Zoning Commission. The Planning and Zoning Commission shall recommend to the Town Council approval, approval subject to plan modification, or disapproval of the proposed development plan and rezoning petition for the property within 60 days after submission thereof to it; otherwise such development plan shall be deemed to have been recommended to be approved unless a later date is mutually agreed upon by the Commission and applicant.

In reviewing the application, the Planning Commission shall consider the purposes of the Residential Planned Community District with a view toward achieving a maximum of safety, convenience, and amenity for any residents of the planned development and compatibility with the existing settlement pattern of the Town of Chesapeake Beach. To these ends, the Commission shall consider the location of buildings, parking areas, and other features with respect to the topography of the site and its existing natural features such as large trees, ravines, and wetlands; the efficiency, adequacy, and safety of the proposed layout of internal streets, sidewalks, and driveways; the adequacy and location of the green areas provided; the location and screening of parking lots; the consistency in building patterns, architectural styles, and signage; the compatibility of the proposed development with the Town as a whole, the relationships between and compatibility among the different uses proposed and the means shown for buffering any incompatible uses from each other; the adequacy of documents concerning the ownership and maintenance of common land; and such other matters as the Planning Commission may find have a material bearing upon the stated purposes of the Residential Planned Community District.

If the Commission finds that a proposed development plan meets the purposes and standards of these regulations, it shall recommend approval of the plan and zoning reclassification to the Town Council. If the Commission finds that a proposed development plan does not meet the purposes and standards of these regulations, it shall recommend disapproval of the plan and zoning reclassification to the Town Council. The Planning Commission shall submit its decision and findings in writing, together with the reasons therefor, to the applicant and the Town Council.

The Town Council shall hold a public hearing on the reclassification and development plan according to the provisions of Article VII. The Town Council shall review the entire record of such application and public hearing and may affirm, deny, modify or establish such other or additional conditions to the recommendations of the Commission as it may deem appropriate regarding such application consistent with the intent of this chapter.

After the Town Council has approved a development plan, application may be made for the approval of a subdivision plat and/or site plan for all or a part of the area included in the development plan. This application shall be subject to all of the requirements of Chapter 245, Subdivision of Land, of the Code of the Town of Chesapeake Beach, Calvert County, Maryland.

No building, use, parking facility, open space or other such feature shall occupy a location other than indicated on the approved development plan. All construction and development under any zoning permit shall be in accordance with the approved development plan. Any departure from such plan shall be a cause for revocation of a zoning permit.

Change to approved development plan. Any material change in an approved development plan shall be submitted for approval in accordance with the same procedures for approval set forth in the section above and shall require the submittal of a revised overall development plan. At minimum, material change shall include change in the following:

The proposed use of any portion of the land, including open space.

Residential density and use types. (Reductions in density of up to 10% shall not be considered material.)

Overall tract density types. (Reductions in density of up to 10% shall not be considered material.)

Street or sidewalk layout and entrance locations. (Minor alignment changes shall not be considered material.)

The use of buffering, screening, landscaping, and other means of separating different and incompatible land uses from each other. (Minor changes necessitated by detailed engineering considerations in site design shall not be considered material.)

Overall architectural style and building patterns, and the layout of buildings on lots. (Minor changes necessitated by detailed engineering considerations in site design shall not be considered material.)

(7)

Overall phasing of development.

§ 290-17 Critical Area Overlay District.

Statement of intent and purpose.

The purpose of the Critical Area District is to implement zoning regulations and measures designed to protect and enhance water quality and habitat resources located within the Town's Critical Area District. The geographic area for which the following district regulations apply shall be as designated on the Town's Critical Area Map.

The intent of the Critical Area District is to provide special regulatory protection for the resources located within the Town's Critical Area District and to foster more sensitive development activity for shoreline areas. Another objective is to minimize adverse impacts to water quality and natural habitats.

Land use management classifications.

Within the Critical Area District, there shall be three land use management classifications, which shall be as shown on the Town's Critical Area Map:

Intensely Developed Areas (IDAs);

Limited Development Areas (LDAs); and

Resource Conservation Areas (RCAs).

These land use management classifications correspond to the definitions established in the Chesapeake Bay Critical Area Criteria, as amended, for each area and specifically as identified on the Town's Critical Area Map, adopted as part of the Town's Critical Area Protection Program. Mapped land use management classifications are based on land uses established on or before December 1, 1985, except for areas where the land use classification may be changed to the Growth Allocation (GA) or the Special Growth Allocation (SGA) floating zone district classification in accordance with Article IV, § 290-18. The following regulations shall be applied based on the specific land use management classification.

General regulations.

Lots of record. An individual lot or parcel of land located within the Critical Area District may be improved with a single-family dwelling and related accessory uses in a Resource Conservation Area (RCA) and otherwise developed in a Limited Development Area (LDA) and an Intensely Developed Area (IDA), provided they comply with the provisions of Article V. Dimensional Requirements, and further provided they comply with the following criteria:

Any legally buildable single lot or parcel of land legally of record prior to the date of the Town Critical Area Protection Program approval may be improved or developed with a single-family residence.

Any lot on which development activity has legally progressed to the point of pouring foundation footings or the installation of structural members, prior to adoption of the Town of Chesapeake Beach Critical Area Protection Program, will be permitted to complete construction as per existing development approvals (e.g., building permit).

Development may take place on parcels of land of record prior to June 1, 1984, subject to the limitations on permitted uses contained in Article III, and subject to the provisions of Article V. However, any development of any such parcels of land must comply, insofar as possible, with the Critical Area Criteria if the development occurs between December 1, 1985, and the time the Town Critical Area Protection Program is approved. Development after the date of the Town Critical Area Protection Program approval on land subdivided prior to June 1, 1984, must comply with the Water-Dependent Facility and Habitat Protection Area measures of the Town Critical Area Protection Program and Article IV, § 290-17, of this chapter.

Development may take place on lots subdivided and of record between June 1, 1984, and December 1, 1985, for which "interim findings" (defined in § 8-1813 of the Natural Resources Article, Annotated Code of Maryland) have been made by the Planning and Zoning Commission, the Board of Appeals, or the Town Council.

Development may take place on lots subdivided and legally of record after December 1, 1985 and prior to the enactment date of the Town Critical Area Protection Program, provided that either the development of the lots shall conform to the criteria or the lots or area of land shall be counted against the growth allocation of Calvert County.

General use regulations.

Except as provided below, uses, accessory uses, and special exception uses in the Critical Area District shall be those permitted within the applicable underlying zoning district as shown on the Town's Official Zoning Map.

Townhouses and other multiple residential units are permitted in the Critical Area District, subject to other provisions of this chapter relating to special exceptions, and subject to the following: the total number of units does not exceed the permitted density in the underlying district, subject to the density provisions in Subsection J and Article III.

The following uses, which are considered "water-dependent," may be located in the Buffer by special exception:

Moorings, buoys and slips;

Docks, piers, launching ramps, access roads and paths;

Loading and unloading areas;

Fueling areas;

Fresh water and ice;

Phone and electric service;

Sewage pump-out, dockside toilets/lockers;

[8]

Marina office;

[9]

Marina railways and travel lifts;

[10]

Wet covered repair shops; and

[11]

Automated "high and dry" storage facilities.

New or expanded water-dependent facilities will be allowed in the Buffer area, provided they meet the following requirements:

That the project meets a recognized private right or public need;

That adverse effects on water quality, and fish, plant, and wildlife habitat are minimized; and

That, insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the Buffer.

In addition to the requirements of Subsection C(2)(d)[1] through [3] above, certain water-dependent facilities must also meet the following criteria:

New marinas and other commercial maritime facilities may be permitted by special exception in IDAs and LDAs only, subject to the following:

New and existing marinas must meet the sanitary requirements of the State Department of Health and Mental Hygiene as required by COMAR 10.17.02; and

Discharge of bottom wash from new marinas into tidal waters must be minimized.

Expansion of existing marinas and other commercial maritime facilities may be permitted by special exception in IDAs, LDAs and RCAs, subject to the following:

Subject to state sanitary requirements of COMAR 10.17.02 as above; and

The expansion of a project in an RCA will be permitted only when it can be 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.

A new or expanded community pier or other noncommercial boat docking or storage facility may be permitted in the Buffer if:

The facility is water-dependent;

The facility meets a recognized private right to public need;

The facility is community-owned and operated for the benefit for the residents of a platted and recorded riparian subdivision;

The facility is associated with a residential development approved by the Planning and Zoning Commission for the Critical Area and is consistent with all criteria and the Town's regulations for the Critical Area;

Adverse effects on water quality and fish, plant, and wildlife habitat are minimized;

Insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the Buffer;

[g]

Disturbance to the Buffer is the minimum necessary to provide a single point of access to the facility;

[h]

Food, fuel, or other goods and services are not offered for sale and adequate and clean sanitary facilities are provided;

When a community pier "with slips" is provided as part of a new development project, private piers are not permitted within the development project; and

[j]

The number of slips permitted at a facility shall be the lesser of the following:

One slip for each 50 feet of shoreline in a subdivision located in an IDA or LDA, and one slip for each 300 feet of shoreline in a subdivision located in a RCA; or

A density of slips to platted lots or dwellings within a subdivision in the Critical Area in accordance with the following schedule:

	Platted Lots or Dwellings in the Critical Area	Number of Slips
	Up to 15	1 for each lot
	16 to 40	15 or 75%, whichever is greater
	41 to 100	30 or 50%, whichever is greater
	101 to 300	50 or 25%, whichever is greater
	More than 300	75 or 15%, whichever is greater

[k]

The Planning and Zoning Commission may grant a variance from the provisions of § 290-17C(2)(d) in accordance with § 290-32F and notification of project applications set forth in COMAR 27.03.01.

Buffer regulations. The Buffer shall be maintained, preserved and established as follows:

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 a 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 this chapter.

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 extended 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. The top of the slope shall be where the grade first falls below 15%.

All roads, bridges, lots, and other developments that cross or 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.

No natural vegetation shall be removed nor shall the slope of the land surface be altered in the Buffer (including clearing of existing natural vegetation to create new agricultural lands), except as follows:

Selective commercial harvesting of trees is permitted in accordance with an approved Buffer Management Plan submitted to and reviewed by the Maryland Forest, Park and Wildlife Service;

Commercial harvesting may occur to the edge of intermittent streams and to within 50 feet of the landward edge of the mean high water line and tidal wetlands, when the harvesting involves selective cutting of trees or clear-cutting of loblolly pine and tulip poplar;

Limited cutting or clearing of trees is permitted for the following purposes:

For personal use, provided that Buffer functions are not impaired and all trees are replaced on an equal basis;

To prevent trees from falling and blocking streams, causing damage to dwellings or other structures, or resulting in accelerated erosion of the shore or streambank;

In conjunction with horticultural practices used to maintain the health of vegetation;

To provide access to private piers;

To install or construct an approved shore erosion protection device or measure; or

To protect forests from extensive pest or disease infestation or threat from fires.

Mitigation shall be provided for all disturbance within the one-hundred-foot Buffer. For mitigation requirements in Buffer Exemption Areas, see Subsection G. Mitigation for disturbance within the one-hundred-foot Buffer outside of Buffer Exemption Areas shall be implemented as follows:

[Amended 12-6-2006 by Ord. No. O-06-14]

Mitigation for disturbance within the Buffer associated with a development activity for which a variance is approved by the Board of Appeals shall be provided for the area disturbed at three to one.

Mitigation for disturbance within the Buffer associated with the construction of a water-dependent facility shall be provided for the area disturbed at two to one.

Mitigation for disturbance within the Buffer associated with the construction of a shore erosion control measure shall be provided for the area of natural vegetation disturbed at one to one. If no natural vegetation is disturbed or removed, mitigation is not required.

Mitigation for disturbance within the Buffer associated with the construction of facilities for public access to the water (i.e., walkways) shall be provided for the area disturbed at two to one.

Nontidal wetlands regulations. All development and redevelopment in the Critical Area District must meet the following criteria with respect to all nontidal wetlands:

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 or the plant and wildlife and habitat values of the wetland.

If the proposed development activity is water-dependent or of substantial economic benefit and 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 a nontidal wetlands mitigation plan.

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 Department of Agriculture, the Soil Conservation Service and the U.S. Fish and Wildlife Service.

For agricultural operations, the Soil Conservation District and the Maryland Department of Natural Resources must be contacted to determine whether mitigation plans are sufficient to accomplish the objectives stated above. Agricultural drainage operations conducted pursuant to Agricultural Article § 8-603, Annotated Code of Maryland, shall provide mitigation consistent with regulations developed pursuant to that article.

Copies of all permits from the U.S. Army Corps of Engineers and the State of Maryland must be submitted to the Town prior to project approval.

A cost estimate must be submitted with the mitigation plan.

The developer will provide a surety or bond in the amount of 120% of the cost estimate to ensure that the plan is implemented.

Rare species and habitat protection regulations. All development and redevelopment in the Critical Area District must meet the following criteria with respect to Rare Species and Habitat Protection Areas:

All development and redevelopment in the Critical Area District shall be subject to the Rare Species Protection Plan and the Plant and Wildlife Habitat Protection Plan prescribed in the Town Critical Area Protection Program.

The development and redevelopment shall be designed to assure 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 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.

Retaining standing dead trees (snags).

Minimizing disturbance during the May through June breeding season.

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

Roads, bridges, and utilities servicing 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

Beach nourishment.

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

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

General development standards.

Development standards in Buffer Exemption Area.

A "Buffer Exemption Area" means that area of the Buffer for which the Town has requested and the Critical Area Commission has approved an exemption from the requirements of the Buffer.

Water-polluting activities, including, but not limited to, storage of vehicles, fuel, or chemicals, shall be prohibited in the Buffer Exemption Areas.

All uses shall be subject to the provisions established in other sections of this chapter. Development or redevelopment in a Buffer Exemption Area shall be subject to all of the criteria applicable to the underlying zoning district and shall be further subject to all of the criteria applicable to the governing land use classification. Permitted uses shall also be subject to the following:

Shore erosion protection measures shall be provided in accordance with the criteria set forth in the Town Critical Area Protection Program.

Cutting or clearing of trees or removal of vegetation is allowed in the Buffer Exemption Area for the following purposes only:

For personal use, provided that Buffer functions are not impaired and trees cut are replaced;

To prevent trees from falling and blocking streams, causing damage to dwellings or other structures, or resulting in accelerated erosion of the shore or streambank;

In conjunction with horticultural practices used to maintain the health of individual trees;

To provide access to private piers;

To install or construct an approved shore erosion protection device or measure;

To protect trees from extensive pest or disease infestation; and

[g]

To permit the development allowed above to be constructed or installed.

The expansion or redevelopment of existing structures in the Buffer Exemption Area may not increase impervious surfaces shoreward of the existing structure and shall not result in greater than a twenty-five-percent increase in the total site area in impervious surface as existed at the time of adoption of the Town's Critical Area Protection Program. Offsetting of such increased impervious surfaces, as described below, shall be required.

When a structure within the Buffer Exemption Area is removed or destroyed, it may be replaced, insofar as possible, no closer than 100 feet to the edge of tidal waters, tidal wetlands, or tributary streams. In such cases where a setback line exists as defined by structures on adjacent lots or parcels, the structure may not be replaced shoreward of that line. Any impervious surfaces created greater in extent to the preexisting impervious surfaces within the Buffer Exemption Area shall be offset as described below.

New development in the Buffer Exemption Area shall minimize the shoreward extent of impervious surfaces insofar as possible, taking into consideration existing Town yard setback requirements and other such factors. In no case may such impervious surfaces be extended shoreward of any setback line as defined by existing structures on adjacent lots or parcels.

Definitions pertaining to implementation of Buffer Exemption Area provisions. As used in this Subsection G(1), the following terms shall have the meanings indicated:

[Amended 12-6-2006 by Ord. No. O-06-14]

DEVELOPMENT ACTIVITY

The construction or substantial alteration of residential, commercial, industrial, institutional, recreational or transportation facilities or structures by the proposed project. Development activities include, among other things, structures, roads, parking areas and other impervious surfaces, mining and related facilities, clearing, grading, and septic systems. For purposes of implementing these provisions, development activity does not include subdivision.

NEW DEVELOPMENT

A development activity that takes place on a property with predevelopment imperviousness less than 15% as of March 15, 2003.

REDEVELOPMENT

A development activity that takes place on a property with predevelopment imperviousness greater than 15% as of March 15, 2003.

Mitigation for area of disturbance for single-family residential development.

[Amended 12-6-2006 by Ord. No. O-06-14]

Mitigation for the area of disturbance in the Buffer Exemption Area shall be provided by planting an area of natural forest vegetation twice the size of the area of disturbance of the single-family residential development activity or redevelopment activity within the Buffer Exemption Area. Previously existing and legal development on the property that is not impacted by the proposed development or redevelopment shall not be considered as part of the area of disturbance.

The mitigation shall be planted on-site in the Buffer or off-site in the Buffer or Buffer Exemption Area at another location approved by the Planning and Zoning Commission.

Table 4 lists the basis for determining the amount of mitigation required for selected development activities. This chart is for general guidance only and the actual amount of development mitigation required is determined on a case-by-case basis.

	Table 4 Mitigation Requirements for Single-Family Residential Development within the Buffer Exemption Area (BEA)
	Development Activity	Amount of Mitigation Based on
	Build a new house, replace a house	Square feet of development activity
	Build an addition	Square feet of development activity
	Add an additional floor on existing building footprint	NA
	Construct a new accessory structure	Square feet of development activity
	Replace or build a new deck	Square feet of development activity
	Build a new patio, swimming pool	Square feet of development activity
	Add an off-street parking space	Square feet of development activity
	Construct a fence	NA
	Build a retaining wall	Square feet of development activity
	Individual tree cutting	2 trees planted for every 1 tree removed
	Construct a pathway	Square feet of development activity

	Notes:
	Mitigation requirements for single-family residential development within the one-hundred-foot Buffer on non-BEA properties are based on limits of disturbance of development activity and require a variance from the Board of Appeals. Mitigation requirements for single-family residential development within the Critical Area, but not in a BEA or one-hundred-foot Buffer, are based upon the extent of the existing forest and developed woodland cover and proposed forest clearing.

Notes:

Mitigation requirements for single-family residential development within the one-hundred-foot Buffer on non-BEA properties are based on limits of disturbance of development activity and require a variance from the Board of Appeals. Mitigation requirements for single-family residential development within the Critical Area, but not in a BEA or one-hundred-foot Buffer, are based upon the extent of the existing forest and developed woodland cover and proposed forest clearing.

[8]

Mitigation requirements for all other types of development. All new development or redevelopment other than single-family residential in the Buffer Exemption Area shall be required to offset for such development by providing the following two forms of mitigation: planting a buffer yard as specified in Subsection G(1)(c)[8][a] below and mitigating for the area of disturbance as set forth below in Subsection G(1)(c)[8][b]:

Buffer yard.

On new development sites, a buffer yard 20 feet wide shall be required on the project site between the development and the water's edge or landward edge of revetment, unless a variance is obtained from the Board of Appeals. On redevelopment sites, a buffer yard 15 feet wide shall be required on the project site between the development activity and the water's edge or landward edge of revetment, unless a variance is obtained from the Board of Appeals. The buffer yard shall be at least 15 feet wide over at least 75% of its length.

The buffer yard shall be densely planted with native species such that full ground cover is achieved using guidance on plant materials provided by the Town Zoning Administrator. The buffer yard shall minimally include, or a similar combination thereof, the following planting requirements per 100 linear feet of buffer planting strip: four native species canopy trees, 10 native species understory trees or large shrubs, 25 native species small shrubs, and a sufficient number of native species herbaceous plants and grasses to provide complete ground cover.

On redevelopment sites, if existing structures or those rebuilt on an existing footprint limit the area available for planting, then appropriate modifications to the width of the planted buffer yard may be made on a case-by-case basis, but the area of buffer yard which would have been required to be planted under this section shall be included in the area proposed as an offset or for which fees-in-lieu are proposed to be paid.

Reasonable walkway access to the water's edge through the buffer yard shall be permitted.

[v]

For properties in marina use, the fifteen-foot buffer yard is required only along 75% of the shoreline frontage.

[vi]

The landscaping requirements of this chapter may be achieved through planting in the buffer yard where such planting reasonably achieves the stated purposes of the landscaping requirements.

[vii]

On redevelopment sites, a fifteen-foot-wide buffer yard that is established where previously the area was a developed impervious area is eligible to be counted toward meeting the two-to-one mitigation for area of disturbance specified in Subsection G(1)(c)[8][b], as long as the square footage of the buffer yard is at least 450 square feet.

[viii]

A buffer yard is eligible to be counted toward meeting the buffer yard planting mitigation requirements of this subsection even if the buffer yard as proposed converts pervious nonnative planted areas (such as lawns or stone shoreline protection) to the planting requirements of the buffer yard.

[ix]

Should the applicant provide a buffer yard meeting required planting specifications but wider than the required 20 feet for new development sites and 15 feet for redevelopment sites, the area of planting exceeding any on-site mitigation requirements shall be eligible for a mitigation credit that may be sold, should the Town adopt an ordinance allowing mitigation banking.

[x]

The mitigation area shall include informational or educational signage indicating that the area is a protected area for water quality and habitat conservation.

Mitigation for area of disturbance for all other development types.

Mitigation for the area of disturbance in the Buffer Exemption Area shall be provided by planting an area of natural forest vegetation twice the size of the area of disturbance of the development activity or redevelopment activity within the Buffer Exemption Area. Previously existing and legal development on the property that is not impacted by the proposed development or redevelopment shall not be considered as part of the area of disturbance.

The mitigation area shall include informational or educational signage indicating that the area is a protected area for water quality and habitat conservation.

The mitigation shall be planted on-site in the Buffer or off-site in the Buffer or Buffer Exemption Area at another location approved by the Planning and Zoning Commission.

Table 5 lists the amount of mitigation required for selected development activities. This chart is for general guidance only and the actual amount of development mitigation required is determined on a case-by-case basis.

	Table 5 Mitigation Requirements for All Other Development Types and Activities within the Buffer Exemption Area (BEA)
	Development Activity	Amount of Mitigation Based on
	Build a new structure, replace a structure	Square feet of development activity
	Build an addition	Square feet of development activity
	Add an additional floor on existing building footprint	NA
	Construct a new accessory structure	Square feet of development activity
	Replace or build a new deck	Square feet of development activity
	Build a new patio	Square feet of development activity
	Expand the parking area	Square feet of development activity
	Construct a fence	NA
	Build a retaining wall	Square feet of development activity
	Individual tree cutting	2 trees planted for every 1 tree removed
	Construct a pathway	Square feet of development activity

	Notes:
	All non-single-family development in the BEA must provide a buffer yard in addition to mitigation required by the development activity. An applicant must obtain a variance when proposing a non-single-family residential development activity that is not within the BEA but within the Critical Area or one-hundred-foot Buffer. The applicant must meet the standards found in § 290-32F of this chapter in order for the Board of Appeals to issue a variance.

Notes:

All non-single-family development in the BEA must provide a buffer yard in addition to mitigation required by the development activity. An applicant must obtain a variance when proposing a non-single-family residential development activity that is not within the BEA but within the Critical Area or one-hundred-foot Buffer. The applicant must meet the standards found in § 290-32F of this chapter in order for the Board of Appeals to issue a variance.

[9]

Offsets. Applicants who cannot fully comply with the planting requirements in Subsection G(1)(a)[7] or [8] above may use offsets to meet a portion of the mitigation requirement. Offsets can include the removal of an equivalent area of existing impervious surfaces in the Buffer or Buffer Exemption Area, the construction of best management practices for stormwater in excess of those required, wetland creation or restoration, or other measures that improve water quality or habitat.

[10]

Fees in lieu of planting.

Applicants who cannot comply with the planting or offset requirements shall pay into a fee-in-lieu program.

Fees-in-lieu shall be collected at the rate per square foot of required mitigation that cannot be satisfied through planting or offsets:

For private development projects, the rate shall be $1.25 per square foot.

For public sector development projects, the rate shall be $2.50 per square foot.

Both rates are effective until two years have elapsed from the date of adoption of this amendment, at which time the rates shall be re-evaluated and revised as needed to ensure that funds collected are sufficient to cover the cost of administering the mitigation program but do not exceed the costs of administering the mitigation program. The Town Council, in consultation with the Critical Area Commission, shall reassess the rate every two years thereafter as needed.

[11]

Any required on-site or off-site buffer yard mitigation area, limits of disturbance mitigation area, or offset area or structure must be protected from future development through an easement, development agreement, plat notes or other instrument and recorded among the land records of Calvert County.

[12]

Alternative provisions for meeting the mitigation requirements may be used, provided the Planning and Zoning Commission and the Critical Area Commission approve them and find that they meet the goals of the Critical Area regulations.

Woodland reforestation and afforestation standards. Where reforestation or afforestation is required, the following requirements must be met:

[Amended 12-6-2006 by Ord. No. O-06-14]

If a forest is to be developed, a site-specific field investigation shall be conducted to determine important sensitive species present and to make sure that appropriate protection measures are incorporated into the development plan. The Zoning Administrator may solicit specific recommendations from the Department of Natural Resources based on an evaluation of the site and the proposed development. In general, the following measures are recommended:

Minimize forest and woodlands disturbance from May through August of each year;

Focus all development on the periphery of the forest or woodlands;

Retain the forest canopy as well as shrub understory;

Retain snag and mature seed trees as dens for woodpeckers and as nests for bald eagles;

Discourage the creation of small clearings and expansion of forest edge habitats; and

Encourage re-establishment of native forests and woodlands.

Planting plans, bonds and inspections. A planting plan shall be submitted by the developer, first to the local office of the Maryland State Bay Watershed Forester and, after review and comment by the Maryland State Bay Watershed Forester, to the Zoning Administrator for approval. The planting plan shall be prepared by a licensed, professional forester, landscape architect, or an experienced landscape designer. The planting plan must be prepared in coordination with the approved site plan or tentative or preliminary and final subdivision plat and shall show:

The site plan, building outlines (remaining and proposed), walls, fences, parking spaces, loading spaces, driveways, walks, storage areas, public rights-of-way, easements, and the general location of structures and uses of abutting properties;

Existing and proposed grades;

Existing vegetative cover to be retained, and the location, general size and type of such vegetation;

The methods for protecting plant materials after construction;

A planting plan and schedule, listing plants to be used (giving their botanical and common names), size at time of planting, and quality of each;

An indication of whether plants are balled and burlapped, container-grown, or bare root;

An indication of the spacing and location of all proposed trees, shrubs and ground covers; and

Whether existing vegetation is to be used to meet the requirements contained herein; provided, however, that if existing vegetation is or will be inadequate to meet the standards set herein, a planting plan meeting all of the requirements herein must be submitted.

Planting schedule, forfeiture of bonds and inspections.

[Amended 12-7-2007 by Ord. No. O-07-10]

Although plant types should be chosen from the recommended plant list available from the Maryland State Bay Watershed Forester, plant types that vary from this list may be substituted with the approval of the local office of the Maryland State Bay Watershed Forester for suitability in regard to their eventual size and spread, susceptibility to diseases and pests, and adaptability to existing soil and climate conditions.

All planting should be done in the months of March and April of each year. For the first two years, steps should be taken to control competing vegetation. Technical planting assistance from the local office of the Maryland State Bay Watershed Forester is highly recommended.

The planting plan shall be accompanied by a cost estimate of plant materials, labor and maintenance for all afforestation and reforestation. Upon approval of the plan and cost estimate, all planting plans shall require a planting agreement between the developer and the Town, in a form deemed satisfactory to the Town. The planting agreement shall require the developer to be contractually bound to undertake and complete all aspects of the planting plan, shall provide for the right of the Town to enter upon the property and to correct the developer's failure to complete any aspect of the plan at a cost of the developer, and shall include an indemnity obligation of the developer to pay the Town's expenses in correcting such a failure. In addition, for any project where the cost estimate exceeds $3,000, the planting plan and the developer's obligations under the agreement shall be secured by a performance bond, letter of credit, certificate of deposit, or by tendering to the Town a deposit (collectively known as the "security") in an amount equal to 120% of the approved cost estimate. The developer may choose which method of security it wishes to employ. The choice to make a deposit shall be subject to a deposit agreement and shall hold the Town harmless from any fiduciary obligation with respect to the receipt of such funds. The Town shall hold all deposited funds in a separate fund, accounting for each developer's deposit separately. The deposit shall not earn interest for the benefit of the developer, and any interest on such funds shall defer the Town's fees in operating the deposit program or the Town's local Critical Area Program. For projects where the cost estimate is $3,000 or less, a security shall not be required unless the Zoning Administrator makes a written finding that the planting has a less-than-normal chance of surviving because of specific site characteristics. The owner of the property upon which the plantings are called for by the planting plan, if different from the developer, must be a party to the planting agreement.

If the requirements set forth in the approved planting plan are not met within two years after the first spring planting date following approval of the planting plan, the security required in Subsection H(3)(c) above shall be forfeited (or if a security has not been posted, payment in full of the cost estimate to the Town shall be ordered). The funds so received shall be used by the Town to defray the cost of providing the approved afforestation or reforestation for the property.

If the foregoing costs exceed the amount of the security, the excess shall be a continuing obligation of the developer.

The security required under Subsection H(3)(c) above will be held for a period of one year after installation of the planting, to the extent necessary to assure proper maintenance and growth. Failure to maintain the planting or to replace the dead portions of any plantings shall result in a forfeiture of the security to the extent necessary to replace the dead plant materials.

The Zoning Administrator or his designee may from time to time release those portions of the security which may be appropriate.

All plantings shall be inspected by the Zoning Administrator or the local office of the Maryland State Bay Watershed Forester upon request by the developer, and shall be approved according to the following standards:

The planting shall adhere to the approved plan. Substitutions or revisions may be made with the approval of the Zoning Administrator.

All plants shall be protected from vehicular encroachment by wheel stops, curbs or other barriers unless distance provides adequate protection.

No planting shall result in vegetative growth exceeding 36 inches in height within 30 feet of any street intersection or otherwise obstruct sight lines for oncoming traffic.

Agricultural, soil conservation and water quality standards. The following regulations apply to all existing and proposed agricultural uses in the Critical Area District:

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 (excluding drainage ditches), or from the edge of tidal wetlands, whichever is further inland, is established, and further provided that:

The filter strip shall be composed of either trees with a dense ground cover, or a thick sod of grass, and shall be managed to provide water quality benefits and habitat protection. Noxious weeds, including Johnson grass, which occur in the filter strip, may be controlled by authorized means;

The filter strip shall be expanded by a distance of four feet for every 1% of slope, for slopes greater than 6%;

The twenty-five-foot vegetated filter strip shall be maintained until such time as the landowner is implementing, under a Soil Conservation District 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;

The best management practices shall include a requirement for the implementation of a grassland and manure management program, where appropriate, and that the feeding or watering of livestock may not be permitted within 50 feet of the mean high water line of tidal water and tributary streams, or from the edge of tidal wetlands, whichever is further inland;

Clearing of existing natural vegetation in the Buffer is not allowed; and

Farming activities, including the grazing of livestock, do not disturb stream banks, tidal shorelines or other Habitat Protection Areas.

The diking, drainage or filtering of any palustrine nontidal wetlands, which have a seasonally flooded or wetter water regime, shall not be permitted for the creation of new agricultural lands unless a mitigation plan is submitted to the local Soil Conservation District by the landowner, and the local Soil Conservation District, with the assistance of the Department of Natural Resources, has determined that the mitigation plan is sufficient to accomplish the Critical Area objectives.

The clearing of forests or woodlands on soils with a slope of greater than 15%, or on soils with a K value greater than 35 and a slope greater than 5%, shall not be permitted to establish new agricultural lands.

A Forest Management Plan will be required for all timber harvesting occurring in the Critical Area in a one-year interval, and affecting one or more acres of forest or developed woodlands.

All farms in the Critical Area District must have in place and be implementing an up-to-date Soil Conservation and Water Quality Plan to be prepared by the local Soil Conservation District. The plan must include a grassland and manure management program, where appropriate.

Until such time as the landowner is implementing BMPs under an approved Soil Conservation and Water Quality Plan, landowners are encouraged to use the following BMPs:

Proper nutrient application rates;

Appropriate timing of nutrient application;

Appropriate method of nutrient application;

Reduced tillage practices;

Crop rotation; and

Cover crops.

District regulations.

Intensely developed areas.

Permitted uses:

Residential development appropriate to the underlying zoning district;

Commercial use appropriate to the underlying zoning district;

Industrial use appropriate to the underlying zoning district;

General business appropriate to the underlying zoning district;

Educational facilities; and

Recreational facilities.

Special exceptions:

Water-dependent activities;

Transportation facilities;

Utility lines;

Bridges.

Variances. Any development which does not meet the mitigating and development requirements in the IDA regulations may, however, meet the requirements for variance application as referenced in Article VIII, § 290-32F.

Density provisions. Density in the Intensely Developed Areas shall be governed by the densities established in the underlying zoning district.

Development standards in Intensely Developed Areas (IDAs). All uses shall be subject to the following development standards in addition to the regulations established in other sections of this chapter. Development and redevelopment in those areas designated IDA shall be subject to the following standards:

[Amended 8-22-2006 by Ord. No. O-06-9]

All properties for which development activities are proposed, and which require subdivision approval and/or zoning permit review and approval, shall identify environmental or natural features on that portion of the property within the Critical Area District;

Development and redevelopment in an IDA shall be subject to the habitat protection areas provisions of the Town Critical Area Program;

Development and redevelopment in an IDA shall be required to identify stormwater management practices, in accordance with the best management practice (BMP) guidelines in of the Town Critical Area Protection Program, which achieve the following standards:

A ten-percent reduction of predevelopment pollutant loadings (see the Stormwater Management Ordinance for computation methodology).

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.

To the extent practicable, development and redevelopment in an IDA shall delineate those permeable areas of the property that are to be maintained or permanently established in vegetation.

Appropriate plantings include:

Buffer zones downstream of highways and industries;

Grassed waterways;

Filter strips and seepage areas;

Wetland plants; and

[v]

Drainageways and "nutrient sinks."

Where vegetation is not proposed, the developer shall demonstrate why plantings for such portions of the property are impracticable.

A minimum one-hundred-foot Buffer shall be established around tributary streams, within which a minimum twenty-five-foot Buffer shall be established around all nontidal wetlands as identified in the Town Critical Area Protection Program. The Buffer shall include or shall be expanded to include all sensitive areas, which consist of hydric soils, steep slopes, and highly erodible soils.

Development and redevelopment in an IDA shall install nonstructural shore erosion control measures where feasible and appropriate on portions of the property proposed for development and near such portions if the shore erosion threatens the proposed development portion. Where shore erosion control cannot be accomplished by nonstructural measures, the proposed development must construct appropriate structural measures to control shoreline erosion on portions of the property proposed for development and near such portions if the shore erosion threatens the proposed development portion. The decision as to structural verses nonstructural shore erosion control must be made on a project-by-project basis and comments must be obtained from the State Department of Natural Resources and the Army Corps of Engineers based on application by the developer in accordance with Article VI of this chapter.

To the extent practicable, development and redevelopment in an IDA shall use cluster development to reduce impervious surfaces and maximize areas of natural vegetation.

Limited development areas.

Permitted uses:

Residential development appropriate to the zoning district, not to exceed four dwelling units per acre;

General light commercial uses providing fifty-percent open space;

Recreational facilities;

Educational facilities or business uses providing fifty-percent open space;

Farming and agricultural uses;

Forestry uses.

The total acreage in forest coverage within the Town in the Critical Area shall be maintained or preferably increased;

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 except as provided for in Subsection K(5)(b)[2]; and

Developed woodland vegetation shall be conserved to the greatest extent practicable.

Special exceptions:

Water-dependent facilities;

Business or commercial use with less than fifty-percent open space;

Expanded growth of IDA land uses and density, subject, however, to the provisions of Article IV, § 290-18.

Variances. Any development which does not meet the mitigating and development requirements in the LDA regulations, however, may meet the requirements for variance application as referenced in Article VIII, § 290-32F.

Density provisions. Density and minimum lot sizes in a Limited Development Area (LDA) shall be governed by the densities within the applicable underlying zoning districts. However, in underlying zoning districts that permit residential use, density in the LDAs shall not exceed four dwelling units per acre. Determination of density shall be based on the gross area of the property prior to development.

Development standards in Limited Development Areas (LDAs). All uses shall be subject to the following development standards in addition to the regulations established in other sections of this chapter. Development and redevelopment in those areas designated LDA shall be subject to the following standards:

[Amended 8-22-2006 by Ord. No. O-06-9]

All properties for which development activities are proposed, and which require subdivision approval and/or building permit review and approval, shall identify environmental or natural features on that portion of the property within the Critical Area District;

Development and redevelopment in the LDA shall be subject to the habitat protection areas provisions of the Town Critical Area Protection Program;

Roads, bridges, and utilities serving the development or redevelopment property 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 developer shall demonstrate how impacts to habitats have been minimized and that no feasible alternative location of such infrastructure exists;

All development and redevelopment activities which cross, or are located adjacent to, tributary streams in the Critical Area District shall:

Not be located in the buffer;

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; and

Retain the existing tree canopy so as to maintain stream water temperature with normal variations.

All development and redevelopment in an LDA shall incorporate a wildlife corridor system designed to provide for the maintenance of the existing wildlife and plant habitats on the property and maintain continuity with those on the adjacent properties. When wildlife corridors exist or are proposed, they may include any existing Habitat Protection Areas and connect large forested areas on or adjacent to the property. Wildlife corridor systems retained or created hereunder shall be maintained through restrictive covenants, conservation easements, homeowners' association maintenance agreements, or similar instruments.

Forest and developed woodlands, as defined by this chapter, in an LDA 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 of existing habitats on the property or to provide wildlife corridor systems between newly afforested areas and forested areas on adjacent properties;

When forests or developed woodlands exist on the property and the proposed development or redevelopment requires the cutting or clearing of trees, areas proposed for clearing shall be identified on the proposed site plan. The developer shall submit the site plan showing the areas to be cleared to the Maryland Forest, Park and Wildlife Service for comments and recommendations and shall transmit the comments to the Zoning Administrator. A grading permit shall be obtained from Calvert County prior to any clearing or cutting of one acre or more of forest or developed woodland or the cutting of specimen trees of 12 inches' caliper or more. In addition, said cutting or clearing shall be subject to the following limitations and requirements:

All forests cleared or developed shall be replaced on not less than an equal area basis on the property. Alternatively, the applicant may replace cleared forest area on another site selected by the Zoning Administrator or pay a fee in lieu of mitigation to the Town as provided for in Subsection J(2)(h)[6][b][vi] below. 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 and developed woodland and no replacement shall be required;

[Amended 12-6-2006 by Ord. No. O-06-14]

No more than 20% of the forest or developed woodland within the proposed development may be removed {except as provided for in Subsection J(2)(h)[6][b][iii] below}. The remaining 80% shall be maintained as forest cover through the use of appropriate instruments (e.g., recorded restrictive covenants);

The clearing of forest or developed woodlands of up to 20% shall be replaced on not less than an equal area basis. A developer may propose clearing up to 30% of the forest or developed woodland on the property, but the trees removed in excess of 20% must be replaced at not less than a rate of 1.5 times the area removed;

If more than 30% of the forest on the property is cleared, the forest must be replaced at not less than a rate of three times the area removed:

[v]

If the clearing of forest or developed woodland occurs before a grading permit is obtained, the forest shall be replaced according to Subsection J(2)(h)[6][b][iv] above.

[vi]

If the area of the site limits the application of the reforestation guidelines in this subsection, the applicant shall pay into a fee-in-lieu program administered by the Town at a rate established by the Town.

[Added 12-6-2006 by Ord. No. O-06-14]

A security in the form set forth in Subsection H(3)(c) shall be collected by the Town in an amount determined by the Town to assure satisfactory replacement as required by Subsection J(2)(h)[6][b][iii] and [iv] above.

[Amended 12-7-2007 by Ord. No. O-07-10]

Grading permits shall be required before forest or developed woodland is cleared.

[Added 12-6-2006 by Ord. No. O-06-14]

Forests which have been cleared before obtaining a grading permit or that exceed the maximum area allowed as specified in this chapter shall be replanted at three times the areal extent of the cleared forest.

[Added 12-6-2006 by Ord. No. O-06-14]

If the areal extent of the site limits the application of the reforestation standards as specified in the subsections above, alternative provisions or reforestation guidelines may be permitted by the Town 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.

[Added 12-6-2006 by Ord. No. O-06-14]

[g]

The forests and developed woodlands required to be retained or created through afforestation shall be maintained through restrictive covenants, conservation easements, homeowners' association maintenance agreements, or similar instruments.

[h]

A Forest Management Plan must be submitted to the Zoning Administrator 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 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.

Development on slopes greater than 15% shall be prohibited unless such development is demonstrated to be the only effective way to maintain or improve slope stability;

[8]

Impervious surfaces shall be governed by the following requirements:

Except as otherwise provided in this subsection for stormwater runoff, man-made impervious surfaces are limited to 15% of a parcel or lot.

If a parcel or lot 1/2 acre or less in size existed on or before December 1, 1985, then man-made impervious surfaces are limited to 25% of the parcel or lot.

If a parcel or lot greater than 1/2 acre and less than one acre in size existed on or before December 1, 1985, then man-made impervious surfaces are limited to 15% of the parcel or lot.

If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, then man-made impervious surfaces of the lot may not exceed 25% of the lot. However, the total of the impervious surfaces over the entire subdivision may not exceed 15%.

New impervious surface limits provided in Subsection J(2)(h)[8][a] and [b] of this section may be exceeded if the following conditions are met as determined by the Planning and Zoning Commission.

New impervious surfaces on the property have been minimized;

For a lot or parcel 1/2 acre or less in size, total impervious surfaces do not exceed impervious surface limits in Subsection J(2)(h)[8][b] by more than 25% or 500 square feet, whichever is greater;

For a lot or parcel greater than 1/2 acre and less than one acre in size, total impervious surfaces do not exceed impervious surface limits in Subsection J(2)(h)[8][c] or 5,445 square feet, whichever is greater.

Water quality impacts associated with runoff from the new impervious surfaces can be and have been minimized through site design considerations or use of best management practices approved by the Planning and Zoning Commission to improve water quality.

A local jurisdiction may grant a variance from the provisions of this section in accordance with regulations adopted by the Commission concerning variances as part of local program development set forth in COMAR 27.01.11 and notification of project applications set forth in COMAR 27.03.01.

[9]

A minimum one-hundred-foot Buffer shall be established around all tributary streams, within which a minimum twenty-five-foot Buffer shall be established around all nontidal wetlands as identified in the Town Critical Area Protection Program. This Buffer shall include or be expanded to include all sensitive areas which consist of hydric soils, steep slopes or highly erodible soils.

[10]

Development and redevelopment in the LDA shall install nonstructural shore erosion control measures where feasible and where appropriate on portions of the property proposed for development and near such portions if the shore erosion threatens the proposed development portion. Where shore erosion control cannot be accomplished by nonstructural measures, the proposed development must construct appropriate structural measures to control shoreline erosion on portions of the property proposed for development and near such portions if the shore erosion threatens the proposed development portion. The decision as to structural versus nonstructural shore erosion control must be made on a project-by-project basis and comments must be obtained from the State Department of Natural Resources and the Army Corps of Engineers based on application by the developer in accordance with Article VI of this chapter. To the extent practicable, development and redevelopment in an LDA shall use cluster development to reduce impervious surfaces and maximize areas of natural vegetation.

Resource Conservation Areas.

[Amended 5-11-2005 by Ord. No. O-05-3]

Permitted uses:

Subject to the density provisions of Subsection J(3)(d), residential development at a density of not greater than one dwelling unit per 20 acres;

Subject to the density provisions of Subsection J(3)(d), cluster residential development at a net density of not greater than what is permitted by zoning regulations and a gross density of not greater than one dwelling unit per 20 acres;

Recreational facilities;

Farming uses;

Forestry uses.

Special exceptions:

Water-dependent facilities;

Expanded LDA land uses and density, subject to the provisions of Article IV, § 280-18.

Variances: any development which does not meet the mitigating and development requirements in the resource conservation area regulations if it meets the requirements for variance applications as set forth in § 290-32F of this chapter.

Density provisions.

Subject to the provisions of Subsection J(3)(d)[3] below, density in Resource Conservation Areas (RCAs) shall not exceed one dwelling unit per 20 acres regardless of the densities permitted in the applicable underlying zoning districts, except as provided in this Subsection J(3)(d). Determination of density shall be based on the gross area of the property prior to development, excluding state tidal wetlands. In determining residential densities for a property, private tidal wetlands and private nontidal wetlands may be included in the calculation of one dwelling unit per 20 acres, provided the development density on the upland portion of the property does not exceed one dwelling unit per eight acres. Minimum lot sizes on the RCAs shall be governed by the standards applicable to the underlying zoning districts.

For the purpose of calculating density, a dwelling units means 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. The definition of a dwelling unit includes living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guest house, or a caretaker residence.

One additional dwelling unit per lot or parcel as part of the primary dwelling unit shall be allowed for the purposes of the density calculation under this subsection if the additional dwelling unit meets either of the following sets of conditions:

Condition A.

Is located within the primary dwelling unit or its entire perimeter is within 100 feet of the primary dwelling unit;

Does not exceed 900 square feet in total enclosed area; and

Is served by the same sewage disposal system as the primary dwelling unit; or

Condition B.

Is located within the primary dwelling unit;

By its construction does not increase the amount of impervious surface already attributed to the primary dwelling unit; and

Is served by the same sewage disposal system as the primary dwelling unit.

An additional dwelling unit meeting all criteria of Subsection J(3)(d)[3] above and that is separate from the primary dwelling unit may not be subdivided or conveyed separately from the primary dwelling unit. The Zoning Administrator shall require a restrictive covenant to be placed on the property to ensure that the condition of this Subsection J(3)(d)[4] is followed.

The provisions of Subsection J(3)(d)[3] apply to calculations only and may not be construed to authorize the Board of Appeals to grant a variance, unless the variance is granted in accordance with the requirements and standards in this chapter for variances in the Critical Area.

The Zoning Administrator shall maintain records of all building permits issued under Subsection J(3)(d)[3] 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.

Development standards in Resource Conservation Areas (RCAs). All uses shall be subject to the following development standards in addition to the regulations established in other sections of this chapter: Development and redevelopment in those areas designated RCA shall be subject to the same development standards applicable to LDAs.

[Amended 8-22-2006 by Ord. No. O-06-9]

Fees in lieu of mitigation program.

[Added 12-6-2006 by Ord. No. O-06-14]

Purpose. A Town of Chesapeake Beach fee in lieu of mitigation program is hereby established to receive and spend fees in lieu of meeting the mitigation requirements under the Town Critical Area Program.

Applicability.

If a person subject to the Critical Area mitigation requirements of this chapter demonstrates to the satisfaction of the Town Planning and Zoning Commission that requirements for mitigation on-site or off-site cannot be reasonably accomplished, the person shall contribute money, at a rate to be established by the Mayor and Town Council, into a fee-in-lieu fund.

Monies contributed in lieu of mitigation shall be paid prior to receiving a zoning permit for those projects that require a zoning permit. For grading permits not accompanying a site plan or plat plan or other projects not requiring a building permit, any required fees-in-lieu shall be paid prior to receiving any Town permits.

Acceptable expenditures.

The Town shall provide for the expenditure of monies collected for tree planting and related improvements that are intended to improve water quality and wildlife habit and otherwise advance the purposes of the Town's Critical Area Program.

Acceptable projects shall be those cited in or consistent with the Forest and Development Woodlands Plan, or an updated version thereof, which has been adopted by the Town and approved by the Critical Area Commission.

Accounting of fees paid.

Monies collected in the Town fee in lieu of mitigation program shall be accounted for separately to ensure that funds collected in lieu of mitigating Buffer impacts are first made available to fund projects located in the one-hundred-foot Buffer. If opportunities within the one-hundred-foot Buffer are not reasonably available, then such fees may fund projects located outside of the Buffer.

Monies collected through the fee-in-lieu program shall not revert to the general fund of the Town government.

The Mayor and Town Council shall provide for an annual accounting of monies collected and expended through the fee-in-lieu program.

Acceptable projects for use of fee-in-lieu monies.

Fees in lieu of mitigation may be spent on the following:

Costs directly related to planting tress, shrubs, and other vegetative materials; reforestation; afforestation; nonstructural and structural improvements to stormwater management facilities and systems to treat or otherwise improve the quality of waters entering the Chesapeake Bay and its tributaries, streams and wetlands; any other projects included in a forest plan or update thereof which has been jointly adopted by the Town and the Critical Area Commission.

Costs associated with site identification and/or project development, acquisition, and preparation.

Costs associated with organizing, operating, managing, and implementing the fee-in-lieu program, including employee salaries, benefits, and attorney and consultant fees.

Fees collected in lieu of mitigation for the impact to forest interior dwelling bird (FIDS) habitats must be spent on areas qualifying for FIDS mitigation in accordance with the Critical Area Commission's Guide to the Conservation of Forest Interior Dwelling Birds in the Chesapeake Bay Critical Area, June 2000.

Priority location of projects.

Monies collected though the fee-in-lieu program shall be spent on acceptable projects in the Critical Area of the Town of Chesapeake Beach except as provided below.

If fees-in-lieu cannot reasonably be spent in the Critical Area of Chesapeake Beach, then monies collected though the fee-in-lieu program shall be spent outside of the Critical Area but within the Town of Chesapeake Beach where a positive impact to the Critical Area can be demonstrated, except as provided below.

If fees-in-lieu cannot reasonably be spent per Subsection K(5)(b)[1] and [2] above, then monies collected though the fee-in-lieu program shall be spent within the Critical Area within a five-mile radius of the Chesapeake Beach Town Hall, including parts of the Critical Area of Anne Arundel County, the Town of North Beach, or Calvert County, except as provided below.

If fees-in-lieu cannot reasonably be spent per Subsection K(5)(b)[1], [2] or [3] above, then monies collected though the fee-in-lieu program shall be spent within the Critical Area of Anne Arundel County or Calvert County, except as provided below.

If fees-in-lieu cannot reasonably be spent per Subsection K(5)(b)[1], [2] [3] or [4] above, then monies collected though the fee-in-lieu program shall be made available to a Critical Area mitigation bank located in the State of Maryland.

Amount of fee. The required fee-in-lieu shall be paid at a rate of $1.25 per square foot of required mitigation for private development projects and $2.50 per square foot for public development projects.

§ 290-18 Growth Allocation Floating Districts.

Purpose. The floating districts are districts that are not mapped but that are designated for use in areas classified as RCAs and/or LDAs within the Critical Area District. The purpose of the floating district is to permit a change in the land use management classification established in the Critical Area District on specific sites so that they may be developed to the extent permitted by the underlying zoning classification or the land use management classification. Only projects that have been approved by the Town Council for award of the Critical Area growth allocation and certain minor subdivisions are eligible for floating districts.

Designation of floating districts.

The Growth Allocation (GA) District and the Special Growth Allocation (SGA) District shall be floating districts. Each district is classified as a floating district to achieve specific purposes.

The Growth Allocation (GA) District provides for changing the land use management classification of RCA's and LDAs in the Critical Area District. The GA District shall only be permitted on sites or portions of sites that have been approved by the Town Council. Granting of the GA District classification shall further be limited as set forth below.

The Special Growth Allocation (SGA) District provides for changing the land use management classification of RCAs in the Critical Area District to LDAs. The SGA District shall only be permitted on sites or portions of sites approved by the Town Council. Granting of the SGA District classification shall further be limited as set forth below.

All applications for GA District classification and growth allocation will be reviewed at one time in each calendar year.

Submission requirements for GA District classification requests.

Requests for growth allocation and GA District classification and all required items for submission shall be submitted to the Planning and Zoning Commission. The Planning and Zoning Commission shall review the submission for completeness. The Planning and Zoning Commission shall solicit comments from state and county departments and agencies. Incomplete submissions will be returned with comments within 30 days of submission. Development plans and subdivision plats shall be prepared as per the applicable requirements of this chapter and/or Chapter 245, Subdivision of Land.

Procedure for processing GA District applications.

All grants of floating district classifications by the Town Council shall meet the same procedural requirements as amendments to the Critical Area District contained in Article VII and may not be approved unless and until the Critical Area Commission has approved the reclassification.

Development projects submitted for GA District classification and growth allocation shall meet the following requirements:

The applicant shall initially submit a development plan containing a statement of which categories the developer believes should be awarded to the proposed project, along with a delineation of the area to be reclassified to the GA District. The Planning and Zoning Commission shall provide comments to the applicant. The Commission will consider any comments provided by state and county departments and agencies.

After revising the development plan, if necessary, based on the development plan review, the applicant shall submit a preliminary plat. The Planning and Zoning Commission shall render comments to the developer after the next regular meeting of the Planning and Zoning Commission.

After revising the preliminary subdivision plat or site plan, if necessary, the applicant shall submit the revised preliminary plat. The Planning and Zoning Commission will review the preliminary plat and submit its final recommendations to the Town Council on reclassifying the property to a GA District. Projects that meet all the necessary requirements for reclassification shall be recommended for approval by the Planning and Zoning Commission to the Town Council.

The Town Council will forward the recommendation to approve the proposed amendments to the Critical Area Commission.

The Town Council shall hold a public hearing on the proposed development and the GA District classification after approval by the Critical Area Commission. The hearing shall include the following:

Presentation of the project by the applicant;

Review comments and recommendations;

Critical Area Commission approval of map amendments and state and county comments, if any; and

Public comments.

The Town Council will then make the final decision on the projects that will be awarded growth allocation and will be granted the GA District classification.

Successful projects granted the GA District classification shall be submitted for final site plan or final subdivision approval as per requirements of this chapter and/or Chapter 245, Subdivision of Land.

Submission requirements for Special Growth Allocation (SGA) District classification requests.

Limitations on approving the SGA District.

The SGA District is limited to the RCA of the Critical Area District and may only be used for residential development purposes.

Residential building lots permitted in RCAs that have been converted to LDAs through the special growth allocation provision, and that are in addition to the permitted one dwelling unit per 20 acres in the Critical Area District, will be counted against the total Calvert County growth allocation.

Procedure and criteria for processing the SGA District applications.

All other requirements of the Town's Critical Area Protection Program shall be fully complied with for the entire site, including provisions relating to Habitat Protection Areas and the removal of forest cover for building sites;

The subdivision shall comply with all the requirements of Chapter 245, Subdivision of Land;

The applicant shall demonstrate that a Soil Conservation and Water Quality Plan will be prepared and implemented on all portions of the property which remain in agricultural use, insofar as possible; at a minimum, a cooperators agreement shall be entered into by the landowner with the Soil Conservation District.

The applicant shall prepare a Forest Management Plan for those portions of the property which remain in forest cover; and

The applicant shall take active steps to protect and improve plant and wildlife habitat on the entire property being subdivided.

Procedures for processing SGA District applications.

All grants of Special Growth Allocation District by the Town Council shall meet the same procedural requirements as amendments to the Critical Area District contained in Article VII and may not be approved unless and until the Critical Area Commission has approved the reclassification.