[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.
[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.