A.
Environmentally sensitive areas are compromised as urbanization occurs.
Development decreases forest cover, increases impervious surface area,
alters and disrupts water flow and water-sensitive soils and vegetation,
and eliminates animal and biotic habitat. Once destroyed, many types
of environmentally sensitive areas are permanently lost. Downtown
areas become heat islands. Floodplain areas are altered, and wetlands
are destroyed. Sheet runoff from roof, driveway, parking pad and road
surfaces disrupts the hydrologic cycle and destroys the quality of
streams. The result is a highly degraded environment lacking natural
function.
[Amended 4-3-2017 by Ord.
No. 780-17]
B.
By recognizing sensitive areas and prioritizing the benefits associated
with woodland areas, streams, wetlands, floodplains, erodible soils
and sloped areas, environmentally unique areas may be protected from
the destructive processes of urbanization. The preservation and, if
possible, the reestablishment of sensitive areas will result in a
more desirable living environment.
[Amended 4-3-2017 by Ord.
No. 780-17]
C.
Specifically, the intent of the Environmental Regulations is to preserve
and protect ecologically and environmentally sensitive areas as identified
in the Town of Bel Air Comprehensive Plan and achieve the following
goals:
[Amended 3-20-2023 by Ord. No. 811-23]
Sensitive areas are identified on the Sensitive Areas Map in
the currently adopted Bel Air Comprehensive Plan and those determined
by the Department of Planning and Community Development to contain
any resources of sensitive environmental value shall be subject to
mitigation and enhancement and, whenever possible, protected and preserved
as undevelopable open space. Major areas impacted by the Environmental
Regulations are delineated on the Sensitive Areas Map in the Town
Comprehensive Plan, which is available for review at the Town Planning
Office and Bel Air Town Hall.
[Amended 4-3-2017 by Ord.
No. 780-17]
Proposed residential subdivisions and nonresidential development projects containing environmentally sensitive areas, as defined in Article XIV of this Part 2, whether specifically indicated on the Official Sensitive Areas Map or not, shall be subject to protection measures. An environmental impact assessment report shall be prepared by a registered landscape architect, certified arborist, forester or a certified forest professional addressing identification, protection, impact mitigation, and enhancement of environmental resources of the project site and its vicinity. The report shall contain sufficient maps and analysis to describe the site, the proposed use and development, environmental characteristics and environmental effects of the proposal. Resources shall be fully described and accurately mapped as determined necessary by the Zoning Administrator. A forest conservation plan may serve as the environmental impact assessment report for a project site if determined sufficient by the Zoning Administrator. Road crossings, utility lines and trail systems may be permitted in the environmentally sensitive areas upon determination by the Zoning Administrator that all necessary steps have been taken to minimize any adverse effect on the environment. Protection, impact mitigation, and enhancement of all other proposed development in the environmentally sensitive areas shall be addressed as they relate to woodland areas, unique vegetation, flood hazard areas, nontidal wetlands, steep slopes and rare and endangered species. Wherever possible, the proposed development project shall be designed to use sensitive areas as visual or recreational open space, greenways or undisturbed space.
A.
Description of the area. Woodlands and areas of unique vegetation
include any land areas where contiguous forest cover of at least 3,500
square feet exists or trees of any species 10 inches or greater in
diameter at breast height (DBH).
B.
Special regulations. The identification, location and methods of
protection and enhancement of woodland and unique vegetation shall
be provided through the following means, as applicable. The design
of proposed development shall, to the maximum extent possible, incorporate
existing stands of trees into the overall development. Development
proposals shall preserve these stands and provide for protection and
retention through maintenance of pervious surfaces within the critical
root zone of trees and separation of trees from vehicular traffic.
Unique vegetation shall be similarly protected in consultation with
a registered landscape architect and/or certified arborist.
[Amended 4-3-2017 by Ord.
No. 780-17]
(1)
Subdivision and large lot development. Any parcel in excess of 40,000 square feet in area shall be subject to the provisions of Chapter 216, Forest Conservation, of the Bel Air Town Code. At a minimum, a forest stand delineation is required at the time of site plan review. A forest conservation plan must be completed and approved prior to final site plan approval.
(2)
Small lot development. Design of any development on parcels of land
less than 40,000 square feet in area must take into consideration
any existing mature trees or forest cover. A mature tree shall be
considered any tree measuring 10 inches in DBH or greater. All mature
trees shall be mapped on the grading plan and submitted prior to or
in conjunction with the site plan for the proposed development. Adequate
protection measures, including but not limited to tree protection
fences, root pruning and noninvasive construction methods, may be
required. On wooded sites, a minimum of 50% of all mature trees must
be preserved and protected during the development process.
(a)
When development design cannot be accomplished without removal
of more than 50% of the existing mature trees, the applicant shall
replace each tree removed that reduces the fifty-percent threshold
with a species determined to be appropriate by the reviewing agency.
At a minimum, two trees shall be required for every one tree removed
below the threshold. The tree replacement requirement shall be determined
by the planning staff and Bel Air Tree Committee, in order to adequately
maintain the environmental value of the site. Recommended replacement
requirements are as follows:
[Amended 4-3-2017 by Ord.
No. 780-17]
|
Diameter at Breast Height (DBH)
(inches)
|
Ratio of Replacement to Existing
| |
|---|---|---|
|
10 to 24
|
2:1
| |
|
Greater than 24
|
4:1
|
(b)
The following trees may only be removed if the applicant can
adequately document, to the satisfaction of the Bel Air Tree Committee
and the planning staff, that no other option exists:
(c)
The Zoning Administrator and/or the Planning Commission may
permit the tree replacement requirements to be satisfied through the
payment of a fee in lieu of on-site planting when replacement of trees
is impractical due to site conditions.
(d)
Fees shall be determined by statute based on tree replacement
costs. Tree fee-in-lieu payments shall be used for tree planting and
maintenance through the Town's Tree Planting Fee-in-Lieu Fund.
A.
Description of the area.
(1)
Flood hazard areas are described as those areas delineated as special flood hazard areas on the Flood Insurance Rate Map (FIRM), part of the one-hundred-year floodplain determination criteria established by FEMA for flood-prone areas. The Department of Planning and Community Development and the Department of Public Works may determine other areas as flood-prone and require hydrologic analysis to determine the extent of impact the proposed development may have on the area. If area is impacted, Chapter 210, Floodplain Management, of the Bel Air Town Code shall apply.
(2)
The official floodplain maps used in the enforcement of this chapter
shall be the "Flood Insurance Rate Maps," as prepared by the Federal
Emergency Management Agency, issued on April 19, 2016, and any subsequent
amendments.
[Amended 4-3-2017 by Ord.
No. 780-17]
B.
Special regulations.
(1)
Specific use and Development Regulations specified in Chapter 210, Floodplain Management, of the Bel Air Town Code shall govern development proposed in floodplain areas. Protection measures shall include replanting and/or maintenance of natural vegetation to ensure bank stabilization, erosion control and stream protection.
(2)
Perpetual protection shall be provided through the use of deed restrictions,
restrictive covenants or donation to a land trust.
(3)
To prevent excessive damage to buildings and structures, restrictions shall apply to all new construction and substantial improvements (as defined in Chapter 210, Floodplain Management, of the Bel Air Town Code) to existing structures occurring in a special flood hazard area. The Department of Planning and Community Development and/or the Department of Public Works may impose similar restrictions, as necessary, to adequately prevent damage to structures located in close proximity to special flood hazard areas. This may include, but not be limited to, structures proposed within 50 feet of a special flood hazard area, or a structure with the lowest floor elevation below the established base flood elevation of the special flood hazard area affecting the parcel.
(4)
The design, placement and construction of all public and private
utilities and facilities in designated flood hazard areas shall meet
the following requirements:
(a)
New or replacement water distribution and treatment systems
and/or sanitary sewage systems shall be designed and floodproofed
to eliminate or minimize infiltration of floodwaters into the systems
and discharges from the systems into floodwaters and to avoid impairment
during flooding and to minimize flood damage. Cesspools and seepage
pits are prohibited. All pipes connected to sewage systems shall be
sealed to prevent leakage.
(b)
All gas, electrical and other facility and utility systems shall
be located, constructed and floodproofed to eliminate or minimize
flood damage.
(c)
All new storm drainage facilities within and leading to or from
the Floodplain District shall be adequately designed, floodproofed
and installed to eliminate or minimize property damage resulting from
the floodwaters of the one-hundred-year flood and to minimize the
adverse environmental impacts of their installation and use.
(6)
In granting a variance, the Board of Appeals must make a determination
that failure to grant a variance would result in exceptional hardship
(other than economic) to the applicant, and a determination that the
granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud or victimization of the public, or conflict
with existing local and state laws or ordinances.
(7)
Any variance granted to allow building in a designated flood area
shall be the minimum necessary, considering the flood hazard, to afford
relief. In considering a variance action, comments from the NFIP Coordinating
Office, Maryland Department of Environment, must be taken into account
and maintained with the permit file.
[Amended 3-20-2023 by Ord. No. 811-23]
A.
Description of the area. Wetlands are defined as areas that have
a predominance of hydric soils and that are inundated or saturated
by surface water or groundwater at a frequency and duration sufficient
to support, and, under normal circumstances, do support, a prevalence
of hydrophytic vegetation typically adapted for life in saturated
soil conditions.
B.
Special regulations. The applicant shall design proposed development in accordance with all pertinent state and federal regulations, including but not limited to those of the United States Army Corps of Engineers, the Fish and Wildlife Service, the Maryland Department of Environment, the State Department of Natural Resources (DNR) and Chapter 210, Floodplain Management, of the Bel Air Town Code. Design of the proposed development shall incorporate mitigation of impacts and protection of wetlands. A buffer of at least 25 feet, as required by the State Nontidal Wetlands Protection Act, shall be maintained in areas adjacent to wetlands, unless waived by the Maryland Department of Environment. The applicant shall prepare a delineation of wetlands and hydric soils in conformance with the latest edition of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (or alternate method approved by the Zoning Administrator). Copies of the submission material shall be provided to the Maryland Department of Environment and the Town of Bel Air.
[Amended 4-3-2017 by Ord.
No. 780-17]
C.
Seasonally
flowing stream channels delineated on the Sensitive Areas Map in the
currently adopted Comprehensive Plan shall be protected from adverse
impact by development. A twenty-five-foot nondisturbance buffer measured
from the top of stream bank is required for any new development. Redevelopment
containing existing structures or paving within the buffer area shall
not expand or change without approval from the Zoning Administrator.
Mitigation including but not limited to planting, minor grading, and
stabilization may be required to attenuate any adverse impact from
development.
D.
A fifty-foot
stream nondisturbance buffer for any stream within the limits of a
special flood hazard area as measured from the top of stream bank
is required for any new development. Redevelopment containing existing
structures or paving within the buffer area shall not expand or change
without approval from the Zoning Administrator. Mitigation including
but not limited to planting, minor grading, and stabilization may
be required to attenuate any adverse impact from development.
A.
Steep slopes are defined as natural land areas in excess of 20% slope
as measured over a ten-foot interval encompassing a minimum area of
20,000 square feet and identified on the Town of Bel Air Sensitive
Areas Map. These areas shall be left undisturbed by development with
any disturbance requiring approval by the Board of Appeals.
[Amended 4-3-2017 by Ord.
No. 780-17]
B.
Special regulations. Proposed development shall be of extent, scale,
and design appropriate for the soil, geologic and topographic conditions
of the site. Development plans must indicate pre- and post-construction
grades. Natural vegetation shall be maintained whenever possible,
and revegetation and stabilization of the slope shall be required.
Any development other than required infrastructure shall be prohibited
on areas in excess of 25% slope.
A.
Description of the area: any area previously or currently identified
during site review and planning design as containing any rare and/or
endangered species or habitat.
B.
Special regulations. The applicant shall consult the State Department
of Natural Resources (DNR) Natural Heritage and Environmental Review
to identify any valuable habitats on or in the vicinity of the project
site. However, reliance solely on existing DNR information shall be
considered an incomplete analysis. All findings in consultation with
the DNR shall be submitted to the Town. Applicants shall fulfill all
requirements of the DNR in protection of identified environmentally
significant habitats and/or species and shall document fulfillment
of the requirements to the satisfaction of the Town Department of
Planning and Community Development and the Department of Public Works.
