A.
Goals. The goals of the Town of Indian Head's Critical Area Program
are to accomplish the following:
(1)
Minimize adverse impacts on water quality that result from pollutants
that are discharged from structures or run off from surrounding lands;
(2)
Conserve fish, wildlife, and plant habitat; and
(3)
Establish land use policies for development in the Critical
Area which accommodate growth as well as address the environmental
impacts that the number, movement, and activities of people may have
on the area.
B.
The Town of Indian Head's Critical Area Program. The Town of Indian Head's Critical Area Program consists of this chapter and the Official Critical Area Map(s). Related provisions may be found in Chapter 387, Subdivision of Land.
C.
Applicability. The Zoning Administrator shall review a permit or
license for a development or redevelopment activity in the Critical
Area for compliance with this Part 3 prior to issuance of that permit
or license.
D.
Critical Area Overlay District Map.
(1)
The Official Critical Area Overlay District Map is maintained
as part of the Official Zoning Map for the Town. The Official Critical
Area Map delineates the extent of the Critical Area Overlay District
that shall include:
(a)
All waters of and lands under the Chesapeake Bay and its tributaries
to the head of tide, and all state and private wetlands designated
under Title 16 of the Environment Article of the Annotated Code of
Maryland; and
(b)
All land and water areas within 1,000 feet beyond the landward
boundaries of state or private wetlands and the heads of tides designated
under Title 16 of the Environment Article of the Annotated Code of
Maryland.
(3)
The Critical Area Overlay District Map may be amended by the
Town Council in compliance with amendment provisions in this chapter
(ordinance), the Maryland Critical Area Law, and COMAR Title 27.
A.
General requirements in all Critical Area Overlay Zones.
(1)
Development and redevelopment shall be subject to the habitat protection area requirements prescribed in this Part 3 as well as all other provisions of this chapter.
(2)
Development and redevelopment shall be subject to the water-dependent
facilities requirements of this Part 3.
(3)
Roads, bridges, and utilities are prohibited in a habitat protection
area unless no feasible alternative exists. If a road, bridge, or
utility is authorized, the design, construction and maintenance shall:
B.
All development activities that must cross or affect streams shall
be designed to:
(1)
Reduce increases in flood frequency and severity that are attributable
to development;
(2)
Retain tree canopy so as to maintain stream water temperature
within normal variation;
(3)
Provide a natural substrate for streambeds; and
(4)
Minimize adverse water quality and quantity impacts of stormwater.
C.
Reasonable accommodations for the needs of disabled citizens.
(1)
An applicant seeking relief from the Critical Area standards
contained in this Part 3 in order to accommodate the reasonable needs
of disabled citizens shall have the burden of demonstrating by a preponderance
of evidence the following:
(a)
The alterations will benefit persons with a disability within
the meaning of the Americans with Disabilities Act;
(b)
Literal enforcement of the provisions of this Part 3 would result
in discrimination by virtue of such disability or deprive a disabled
resident or user of the reasonable use and enjoyment of the property;
(c)
A reasonable accommodation would reduce or eliminate the discriminatory
effect of the provisions of this Part 3 or restore the disabled resident's
or user's reasonable use or enjoyment of the property;
(d)
The accommodation requested will not substantially impair the
purpose, intent, or effect, of the provisions of this Part 3 as applied
to the property; and
(e)
The accommodation would be environmentally neutral with no greater
negative impact on the environment than the literal enforcement of
the statute, ordinance, regulation or other requirement; or would
allow only the minimum environmental changes necessary to address
the needs resulting from the particular disability of the applicant/appellant.
(2)
The Board of Appeals shall determine the nature and scope of
any accommodation under this Part 3 and may award different or other
relief than requested after giving due regard to the purpose, intent,
or effect of the applicable provisions of this Part 3. The Board may
also consider the size, location, and type of accommodation proposed
and whether alternatives exist which accommodate the need with less
adverse effect.
(3)
The Board of Appeals may require, as a condition of approval,
that upon termination of the need for accommodation, the property
be restored to comply with all applicable provisions of this Part
3. Appropriate bonds may be collected or liens placed in order to
ensure the Town's ability to restore the property should the applicant
fail to do so.
D.
Intensely developed areas.
(1)
Development activities shall be designed and implemented to
minimize destruction of forest and woodland vegetation;
(2)
All development and redevelopment activities shall include stormwater
management technologies that reduce pollutant loadings by at least
10% below the level of pollution on the site prior to development
or redevelopment as provided in Critical Area 10% Rule Guidance Manual
— Fall 2003, and as may be subsequently amended.
E.
Limited development areas.
(1)
If a wildlife corridor system is identified by the Department
of Natural Resources on or near the site, the following practices
are required:
(a)
The applicant shall incorporate a wildlife corridor system that
connects the largest undeveloped or most vegetative tracts of land
on and adjacent to the site;
(b)
The Town shall require and approve a conservation easement,
restrictive covenant, or similar instrument to ensure maintenance
of the wildlife corridor;
(c)
The wildlife corridor shall be preserved by a public or private
group.
(2)
Development on slopes 15% or greater, as measured before development,
shall be prohibited unless the project is the only effective way to
maintain or improve the stability of the slope and is consistent with
the policies and standards for limited development areas.
(3)
Except as otherwise provided in this subsection, lot coverage
is limited to 15% of a lot or parcel, or any portions of a lot or
parcel, that are designated LDA.
(a)
If a parcel or lot of 1/2 acre or less in size existed on or
before December 1, 1985, then lot coverage is limited to 25% of the
parcel or lot.
(b)
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 lot coverage is
limited to 15% of the parcel or lot.
(c)
If an individual lot one acre or less in size is part of a subdivision
approved after December 1, 1985, then lot coverage may exceed 15%
of the individual lot; however, the total lot coverage for the entire
subdivision may not exceed 15%.
(d)
Lot coverage limits provided in Subsection E(3)(a) and (b) above may be exceeded upon findings by the Planning Commission or its designee that the following conditions exist:
[1]
The lot or parcel is legally nonconforming. A lot or parcel
legally developed as of July 1, 2008, may be considered legally nonconforming
for the purposes of lot coverage requirements;
[2]
Lot coverage associated with new development activities on the
property have been minimized;
[3]
For a lot or parcel 1/2 acre or less in size, total lot coverage does not exceed the lot coverage limits in Subsection E(3)(a) by more than 25% or 500 square feet, whichever is greater; and
[4]
For a lot or parcel greater than 1/2 acre and less than one acre in size, total lot coverage does not exceed the lot coverage limits in Subsection E(3)(b) or 5,445 square feet, whichever is greater;
[5]
The following table summarizes the limits set forth in Subsection E(3)(d)[1] through [4] above:
|
Table C(3)(d) Lot Coverage Limits
| |
|---|---|
|
Lot/Parcel Size (square feet)
|
Lot Coverage Limit
|
|
0 to 8,000
|
25% of parcel + 500 square feet
|
|
8,001 to 21,780
|
31.25% of parcel
|
|
21,781 to 36,300
|
5,445 square feet
|
|
36,301 to 43,560
|
15% of parcel
|
(e)
If the Planning Commission makes the findings set forth in Subsection E(3)(d) above and authorizes an applicant to use the lot coverage limits set forth in that subsection, the applicant shall:
[1]
Demonstrate that water quality impacts associated with runoff
from the development activities that contribute to lot coverage have
been minimized through site design considerations or the use of best
management practices to improve water quality; and
[2]
Provide on-site mitigation in the form of plantings to offset
potential adverse water quality impacts from the development activities
resulting in new lot coverage. The plantings shall be equal to two
times the area of the development activity.
[3]
If the applicant cannot provide appropriate stormwater treatment
and plantings due to site constraints, then the applicant shall pay
a fee to the Town in lieu of performing the on-site mitigation.
(4)
The alteration of forest and developed woodlands shall be restricted
and mitigated as follows:
(a)
The total acreage in forest and developed woodlands within the
Town in the Critical Area shall be maintained or preferably increased;
(b)
All forests and developed woodlands that are allowed to be cleared
or developed shall be replaced in the Critical Area on not less than
an equal area basis;
(c)
If an applicant is authorized to clear more than 20% of a forest
or developed woodlands on a lot or parcel, the applicant shall replace
the forest or developed woodlands at 1.5 times the areal extent of
the forest or developed woodlands cleared, including the first 20%
of the forest or developed woodlands cleared; and
(d)
An applicant may not clear more than 30% of a forest or developed
woodlands on a lot or parcel, unless the Board of Appeals grants a
variance and the applicant replaces forest or developed woodlands
at a rate of three times the areal extent of the forest or developed
woodlands cleared.
(5)
The following are required for forest or developed woodland clearing as required in Subsection E(4) above:
(a)
The applicant shall ensure that any plantings that die within 24 months of installation are replaced. A performance bond in an amount determined by Town of Indian Head shall be posted to assure satisfactory replacement as required in Subsection E(4) above and plant survival;
(b)
A permit issued by the Town before forest or developed woodland
is cleared. Forests and developed woodlands which have been cleared
before obtaining a Town permit is a violation and shall be replanted
at three times the areal extent of the cleared forest;
(c)
Clearing of forest or developed woodlands that exceed the maximum area allowed in Subsection E(4) above shall be replanted at three times the areal extent of the cleared forest; and
(d)
If the areal extent of the site limits the application of the
afforestation or reforestation standards in this section, the applicant
may be allowed to plant off-site or pay a fee in lieu of planting.
(6)
If no forest exists on proposed development sites, these sites
shall be planted to provide a forest or developed woodland cover of
at least 15%. The applicant shall designate, subject to the approval
of the Town, a new forest area on a part of the site not forested.
(7)
All forest, including afforested areas, shall be maintained
through conservation easements, restricted covenants, or other protective
instruments.
F.
Resource conservation areas.
(1)
Nothing in this section shall limit the ability of a participant
in any agricultural easement program to convey real property impressed
with such an easement to family members provided that no such conveyance
will result in a density greater than one dwelling unit per 20 acres.
(2)
Land use management practices shall be consistent with the policies
and criteria for the habitat protection area provisions of this Part
3.
(3)
Development activity within the resource conservation areas
shall be consistent with the requirements and standards for limited
development areas as specified in this Part 3.
(4)
Density. Land within the resource conservation area may be developed
for residential uses at a density not to exceed one dwelling unit
per 20 acres. In calculating the one-in-twenty-acre density of development
that is permitted on a parcel located within the resource conservation
area, the Town:
(a)
Shall count each dwelling unit;
(b)
May permit the area of any private wetlands located on the property
to be included under the following conditions:
[1]
The density of development on the upland portion of the parcel
may not exceed one dwelling unit per eight acres; and
[2]
The area of private wetlands shall be estimated on the basis
of vegetative information as designated on the state wetlands maps
or by private survey approved by the Town, the Commission, and Maryland
Department of the Environment.
A.
Applicability and delineation. An applicant for a development activity
or a change in land use shall apply all of the required standards
as described below. The buffer shall be delineated in the field and
shall be shown on all applications as follows:
(2)
Applications for a subdivision or development activity on land located within the RCA requiring site plan approval after July 1, 2008, shall include a minimum buffer of at least 200 feet from a tidal waterway or tidal wetlands. In the following instances, the 200-foot buffer does not apply and the buffer shall be delineated in accordance with Subsection A(1) and (3):
(a)
The application for subdivision or site plan approval was submitted
before July 1, 2008, and legally recorded (subdivisions) or received
approval (site plans) by July 1, 2010; or the application involves
the use of growth allocation.
(3)
The buffer shall be expanded beyond 100 feet as described in Subsection A(1) above, and beyond 200 feet as described in Subsection A(2) above, to include the following contiguous land features:
(a)
A steep slope at a rate of four feet for every 1% of slope or
the entire steep slope to the top of the slope, whichever is greater;
(b)
A nontidal wetland to the upland boundary of the nontidal wetland;
(c)
The 100-foot buffer that is associated with a nontidal wetland
of special state concern as stated in COMAR 26.23.06.01;
B.
Development activities in the buffer. The Town may authorize disturbance to the buffer for the following activities, provided mitigation is performed in accordance with Subsection D of this section and an approved buffer management plan is submitted as required per Subsection F of this section:
(1)
A new development or redevelopment activity associated with a water-dependent facility as described in § 440-954.
(2)
A shore erosion control activity constructed in accordance with
COMAR 26.24.02, a shore erosion control measure under COMAR 26.24.04,
and this Part 3.
(3)
A development or redevelopment activity approved in accordance
with the variance provisions of this Part 3.
(4)
A new development or redevelopment activity on a lot or parcel
that was created before January 1, 2010, where:
(a)
The buffer is expanded for highly erodible soil on a slope less
than 15% or is expanded for a hydric soil and the expanded buffer
occupies at least 75% of the lot or parcel;
(b)
The development or redevelopment is located in the expanded
portion of the buffer and not within the 100-foot buffer; and
(c)
Mitigation occurs at a 2:1 ratio based on the lot coverage of
the proposed development activity that is in the expanded buffer.
(5)
A septic system on a lot created before January 1, 2010, where
mitigation is provided at a 1:1 ratio for area of canopy cleared of
any forest or developed woodland.
C.
Buffer establishment.
(1)
The requirements of this subsection are applicable to:
(a)
A development or redevelopment activity that occurs on a lot
or parcel that includes a buffer to tidal waters, a tidal wetland,
or a tributary stream if that development or redevelopment activity
is located outside the buffer; and
(b)
The approval of a subdivision that includes a buffer to tidal
waters, a tidal wetland, or a tributary stream.
(2)
If an applicant for a subdivision of a lot uses or leases the
lot for an agricultural purpose, the applicant:
(a)
In accordance with local land recordation requirements, shall record an approved buffer management plan under Subsection F of this section; and
(b)
If authorized by the Town, may delay implementation of the buffer
management plan until the use of the lot is converted to a nonagricultural
purpose.
(3)
The requirements of this subsection are not applicable to an
in-kind replacement of a structure.
(4)
(5)
When the buffer is not fully forested or is not fully established
in existing, naturally occurring woody or wetland vegetation, an applicant
shall establish the buffer to the extent required in the following
table:
|
Table 3.C.(5). Buffer Establishment Requirements
| ||
|---|---|---|
|
Development Category
|
Lot Created Before
|
Lot Created After
|
|
January 1, 2010
|
January 1, 2010
| |
|
Development on a vacant lot
|
Establish the buffer based on total square footage of lot coverage
outside the buffer
|
Fully establish the buffer
|
|
Subdivision
|
Fully establish the buffer
| |
|
New lot with an existing dwelling unit
|
Establish the buffer based on total square footage of lot coverage
outside the buffer
| |
|
Conversion of a land use on a parcel or lot to another land
use
|
Fully establish the buffer
| |
|
Addition, accessory structure, or redevelopment
|
Establish the buffer based on net square footage increase in
lot coverage outside the buffer
| |
|
Substantial alteration
|
Establish the buffer based on total square footage of lot coverage
outside the buffer
| |
D.
Mitigation for impacts to the buffer. An applicant for a development
activity that includes disturbance to the buffer shall mitigate for
impacts to the buffer and shall provide a buffer management plan in
accordance with the standards set forth in this section.
(1)
All authorized development activities shall be mitigated according
to COMAR 27.01.09.01-2.
(2)
All unauthorized development activities in the buffer shall
be mitigated at a ratio of 4:1 for the area of disturbance in the
buffer.
(4)
The installation or cultivation of new lawn or turf in the buffer
is prohibited.
F.
Required submittal of buffer management plans. An applicant that
is required to plant the buffer to meet establishment or mitigation
requirements shall submit a buffer management plan in accordance with
COMAR 27.01.09.01-3. The provisions of this section do not apply to
maintaining an existing grass lawn or an existing garden in the buffer.
(1)
Any permit for a development activity that requires buffer establishment
or buffer mitigation will not be issued until a buffer management
plan is approved by Town of Indian Head.
(2)
An applicant may not obtain final approval of a subdivision
application until the buffer management plan has been reviewed and
approved by the Town.
(4)
For a buffer management plan that is the result of an authorized
disturbance to the buffer, a permit authorizing final use and occupancy
will not be issued until the applicant:
(a)
Completes the implementation of a buffer management plan; or
(5)
Concurrent with recordation of a subdivision plat, an applicant
shall record a protective easement for the buffer.
(6)
If an applicant fails to implement a buffer management plan,
that failure shall constitute a violation of this chapter. A permit
for development activity will not be issued for a property that has
the violation.
(7)
An applicant shall post a subdivision with permanent signs prior
to final recordation in accordance with COMAR 27.01.09.01-2.
(8)
Buffer management plans that includes natural regeneration shall
follow the provisions of COMAR 27.01.09.01-4.
G.
Fee in lieu of buffer mitigation. A fee in lieu of mitigation will be collected if the planting requirements of Subsection D above cannot be fully met on-site, in accordance with the following standards:
(1)
Fee-in-lieu monies shall be collected and held in a special
fund, which may not revert to the Town's general fund;
(2)
Fee in lieu shall be assessed at $1.50 per square foot of required
buffer mitigation;
(3)
A portion of fee-in-lieu money may be used for management and
administrative costs; however, this cannot exceed 20% of the fees
collected; and
(4)
Fee-in-lieu monies shall be used for the following projects:
A.
Identification. An applicant for a development activity, redevelopment
activity or change in land use shall identify all applicable habitat
protection areas and follow the standards contained in this section.
Habitat protection areas includes:
(1)
Threatened or endangered species or species in need of conservation;
(2)
Colonial waterbird nesting sites;
(3)
Historic waterfowl staging and concentration areas in tidal
waters, tributary streams or tidal and nontidal wetlands;
(4)
Existing riparian forests;
(5)
Forest areas utilized as breeding areas by forest interior dwelling
birds and other wildlife species;
(6)
Other plant and wildlife habitats determined to be of local
significance;
(7)
Natural Heritage areas; and
(8)
Anadromous fish propagation waters.
B.
Standards.
(1)
An applicant for a development activity proposed for a site
within the Critical Area that is in or near a habitat protection area
listed above shall request review by the Department of Natural Resources
Wildlife and Heritage Service (DNR WHS), and as necessary United States
Fish and Wildlife Service (USFWS), for comment and technical advice.
Based on the Department's recommendations, additional research and
site analysis may be required to identify the location of threatened
and endangered species and species in need of conservation on a site.
(2)
If the presence of any habitat protection area is confirmed
by the Department of Natural Resources, the applicant shall follow
all recommendations from DNR WHS and, as necessary, USFWS.
(a)
If potential FIDS habitat is identified, the proposed development
shall conform to the Critical Area Commission's FIDS Guidance Manual,
dated June 2000, and as updated.
(b)
If potential anadromous fish propagation waters are identified,
the proposed development shall conform to the policies and criteria
listed in COMAR 27.01.09.05.
(3)
The specific protection and conservation measures recommended
by DNR WHS and USFWS shall be included on the site plan and shall
be considered conditions of approval for the project.
A.
Applicability. The provisions of this section apply to those structures
or work associated with industrial, maritime, recreational, educational,
or fisheries activities that require location at or near the shoreline
within the buffer. An activity is "water-dependent" if it cannot exist
outside the buffer and is dependent on the water by reason of the
intrinsic nature of its operation.
B.
Identification. Water-dependent facilities include, but are not limited
to, ports, the intake and outfall structures of power plants, water-use
industries, marinas and other boat-docking structures, public beaches
and other public water-oriented recreation areas, and fisheries activities.
Excluded from this regulation are individual private piers installed
or maintained by riparian landowners, and which are not part of a
subdivision that provides community piers.
C.
Standards. The following standards shall apply to new or expanded
development activities associated with water-dependent facilities:
(1)
New or expanded development activities may be permitted in the
buffer in the intensely developed areas and limited development areas,
provided that it can be shown:
(a)
That they are water-dependent;
(b)
That the project meets a recognized private right or public
need;
(c)
That adverse effects on water quality, fish, plant, and wildlife
habitat are minimized;
(d)
That, insofar as possible, non-water-dependent structures or
operations associated with water-dependent projects or activities
are located outside the buffer; and
(e)
That the facilities are consistent with an approved local plan
as set forth below.
(2)
New or expanded development activities may not be permitted in those portions of the buffer which occur in resource conservation areas. Applicants for water-dependent facilities in a resource conservation area, other than those specifically permitted herein, must apply for a portion of the county's growth allocation as set forth in § 440-955.
D.
Evaluating plans for new and expanded water-dependent facilities.
The Town shall evaluate on a case-by-case basis all proposals for
expansion of existing or new water-dependent facilities. The Town
shall work with appropriate state and federal agencies to ensure compliance
with applicable regulations. The following factors shall be considered
when evaluating proposals for new or expanded water-dependent facilities:
(1)
That the activities will not significantly alter existing water
circulation patterns or salinity regimes;
(2)
That the water body upon which these activities are proposed
has adequate flushing characteristics in the area;
(3)
That disturbance to wetlands, submerged aquatic plant beds,
or other areas of important aquatic habitats will be minimized;
(4)
That adverse impacts to water quality that may occur as a result
of these activities, such as nonpoint source runoff, sewage discharge
from land activities or vessels, or from boat cleaning and maintenance
operations, is minimized;
(5)
That shellfish beds will not be disturbed or be made subject
to discharge that will render them unsuitable for harvesting;
(6)
That dredging shall be conducted in a manner and using a method
which causes the least disturbance to water quality and aquatic and
terrestrial habitats in the area immediately surrounding the dredging
operation or within the Critical Area, generally;
(7)
That dredged spoil will not be placed within the buffer or elsewhere
in that portion of the Critical Area which has been designated as
a habitat protection area except as necessary for:
(8)
That interference with the natural transport of sand will be
minimized; and
(9)
That disturbance will be avoided to historic areas of waterfowl
staging and concentration or other habitat protection areas identified
in this Part 3.
A.
Growth allocation acreage and deduction.
(2)
The Town of Indian Head's original growth allocation acreage
allocated by the county was 39.55 acres. The Town has use 22 acres
as of April 6, 2022. The Town shall request from the county any growth
allocation it may need when necessary.
(3)
A local jurisdiction shall deduct acreage from its growth allocation
reserves in accordance with COMAR 27.01.02.06-4.
B.
Purpose. Growth allocation is available for use in a resource conservation
area (RCA) or in a limited development area (LDA) in the Town's Critical
Area Overlay District. The purpose is to authorize a change in the
Critical Area classification to develop at a higher density or use
than the current classification allows.
C.
Process. An applicant shall submit to the Town a complete application
for growth allocation that complies with the submittal and environmental
report requirements of COMAR 27.01.02.06-1 through 0.06-2. A growth
allocation request shall be approved by Charles County and the Town's
Planning Commission prior to submission to the Commission.
D.
Requirements. When locating new intensely developed or limited development
areas, the following requirements apply:
(1)
A new intensely developed area shall be at least 20 acres.
(2)
No more than half of the Town's growth allocation may be located in resource conservation areas except as provided in Subsection D(3) below.
(3)
If the Town is unable to use a portion of its growth allocation as set out in Subsection D(2) above, then that portion of the growth allocation which cannot be so located may be located in the resource conservation area if growth allocation is consistent with the Town's adopted Comprehensive Plan and whether the growth allocation would implement the goals and objectives of the adopted plan. "Consistency with" means that a standard or factor will further, and not be contrary to, the following items in the Comprehensive Plan:
E.
Standards. When locating new intensely developed or limited development
areas, the following standards shall apply:
(1)
A new intensely developed area shall only be located in a limited
development area or adjacent to an existing intensely developed area;
(2)
A new limited development area shall only be located adjacent
to an existing limited development area or an intensely developed
area;
(3)
A new limited development area or intensely developed area shall
be located in a manner that minimizes impacts to habitat protection
area as defined herein and in COMAR 27.01.09 and in an area and manner
that optimizes benefits to water quality;
(4)
A new intensely developed area shall only be located where it
minimizes its impacts to the defined land uses of the resource conservation
area (RCA);
(5)
A new intensely developed area or a limited development area
in a resource conservation area shall be located at least 300 feet
beyond the landward edge of tidal wetlands or tidal waters;
(6)
New intensely developed or limited development areas to be located
in resource conservation areas shall conform to all criteria of the
Town for such areas, shall be so designated on the Town's Critical
Area Maps and shall constitute an amendment to this Part 3 subject
to review and approval by the Town's Planning Commission, the Mayor
and Town Council, and the Critical Area Commission as provided herein.
F.
Additional factors. In reviewing map amendments or refinements involving
the use of growth allocation, the Town shall consider the following
factors:
(1)
Consistency with the Town's adopted Comprehensive Plan and whether
the growth allocation would implement the goals and objectives of
the adopted plan.
(2)
For a map amendment or refinement involving a new limited development
area, whether the development is:
(4)
The use of existing public infrastructure, where practical;
(5)
Consistency with state and regional environmental protection
policies concerning the protection of threatened and endangered species
and species in need of conservation that may be located on- or off-site;
(6)
Impacts on a priority preservation area;
(7)
Environmental impacts associated with wastewater and stormwater
management practices and wastewater and stormwater discharges to tidal
waters, tidal wetlands, and tributary streams; and
(8)
Environmental impacts associated with location in a coastal
hazard area or an increased risk of severe flooding attributable to
the proposed development.
A.
Continuation of existing uses.
(1)
The continuation, but not necessarily the intensification or
expansion, of any use in existence on April 3, 1989, may be permitted,
unless the use has been abandoned for more than one year or is otherwise
restricted by existing Town ordinances.
B.
Residential density on grandfathered lots. Except as otherwise provided,
the following types of land are permitted to be developed with a single-family
dwelling, if a dwelling is not already placed there, notwithstanding
that such development may be inconsistent with the density provisions
of this chapter.
(1)
Any land on which development activity has progressed to the
point of pouring of foundation footings or the installation of structural
members;
(2)
A legal parcel of land, not being part of a recorded or approved
subdivision that was recorded as of December 1, 1985;
(3)
Land that received a building permit subsequent to December
1, 1985, but prior to April 3, 1989;
(4)
Land that was subdivided into recorded, legally buildable lots,
where the subdivision received final approval between June 1, 1984,
and December 1, 1985; and
(5)
Land that was subdivided into recorded, legally buildable lots,
where the subdivision received the final approval after December 1,
1985, and provided that either development of any such land conforms
to the IDA, LDA or RCA requirements in this chapter or the area of
the land has been counted against the growth allocation permitted
under this chapter.
A.
Applicability. A Critical Area variance may be obtained where, owing
to special features of a site or other circumstances, implementation
of this Part 3 or a literal enforcement of provisions within this
Part 3 would result in unwarranted hardship to an applicant.
(1)
In considering an application for a variance, the Town shall
presume that the specific development activity in the Critical Area
that is subject to the application and for which a variance is required
does not conform with the general purpose and intent of Natural Resources
Article, Title 8, Subtitle 18; COMAR Title 27; and the requirements
of this chapter.
(2)
"Unwarranted hardship" means that without a variance, an applicant
would be denied reasonable and significant use of the entire parcel
or lot for which the variance is requested.
B.
Standing. In accordance with Natural Resources Article, § 8-1808(d)(2),
Annotated Code of Maryland, if a person meets the threshold standing
requirements under federal law, the person shall have standing to
participate as a party in a Town variance proceeding.
C.
Standards. In order to grant a variance, the Board of Appeals must
find that the following standards are met:
(1)
Due to special features of the site or special conditions or
circumstances peculiar to the land or structure involved, a literal
enforcement of provisions and requirements of this Part 3 would result
in unwarranted hardship;
(2)
A literal interpretation of the provisions of this Part 3 will
deprive the applicant the use of land or a structure permitted to
others in accordance with the provisions of this Part 3;
(3)
The granting of a variance will not confer upon an applicant
any special privilege that would be denied by this Part 3 to other
lands or structures within the Critical Area;
(4)
The variance request is not based upon conditions or circumstances
which are the result of actions by the applicant, including the commencement
of development activity before an application for a variance has been
filed;
(5)
The request does not arise from any condition relating to land
or building use, either permitted or nonconforming, on any neighboring
property; and
(6)
The granting of a variance shall not adversely affect water
quality or adversely impact fish, wildlife or plant habitat within
the Critical Area; and
D.
Process. Applications for a variance will be made, in writing, to
the Town's Board of Appeals, with a copy provided to the Critical
Area Commission. The Town shall follow its established procedures
for advertising and notification of affected landowners.
(1)
After hearing an application for a Critical Area Program variance,
the Board of Appeals shall make written findings reflecting analysis
of each standard. With due regard for the person's technical competence
and specialized knowledge, the written findings may be based on evidence
introduced and testimony presented by:
(2)
If the variance request is based on conditions or circumstances that are the result of actions by the applicant, the Board shall consider that fact, and whether the application has met the requirements of Subsection E below.
(3)
The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection A above.
(4)
The Town shall notify the Critical Area Commission of the Board's
findings and decision to grant or deny the variance request.
E.
After-the-fact requests.
(2)
The Board may not issue a permit approval, variance or special
exception to legalize a violation of this part unless an applicant
has:
(a)
Fully paid all penalties imposed under Natural Resources Article,
§ 8-1808(c)(1)(iii)14 and 15 and (c)(2)(i), Annotated Code
of Maryland;
(b)
Prepared a restoration or mitigation plan, approved by the Town,
to abate impacts to water quality or natural resources as a result
of the violation; and
(c)
Performed the abatement measures in the approved plan in accordance
with the Town's Critical Area Program.
F.
Appeals. Appeals from decision concerning the granting or denial
of a variance under this section shall be taken in accordance with
all applicable laws and procedures of the Town for variances. Variance
decisions by the Board of Appeals may be appealed to the Circuit Court
in accordance with the Maryland Rules of Procedure. Appeals may be
taken by any person, firm, corporation or governmental agency aggrieved
or adversely affected by any decision made under this section.
G.
Conditions and mitigation. The Board of Appeals shall impose conditions
on the use or development of a property which is granted a variance
as it may find reasonable to ensure that the spirit and intent of
this Part 3 is maintained, including, but not limited to, the following:
(1)
Adverse impacts resulting from the granting of the variance
shall be mitigated as recommended by the Zoning Administrator, but
not less than by planting on the site per square foot of the variance
granted at no less than a three-to-one basis.
(2)
New or expanded structures or lot coverage shall be located
the greatest possible distance from mean high water, the landward
edge of tidal wetlands, tributary streams, nontidal wetlands, or steep
slopes.
H.
Commission notification. Within 10 working days after a written decision
regarding a variance application is issued, a copy of the decision
shall be sent to the Critical Area Commission. The Town may not issue
a permit for the activity that was the subject of the application
until the applicable thirty-day appeal period has elapsed.
A.
Applicability. The provisions of this section apply to a consolidation
or a reconfiguration of any nonconforming, legal, grandfathered parcel
or lot. These provisions do not apply to the reconfiguration or consolidation
of parcels or lots which are conforming or meet all Critical Area
requirements. Nonconforming parcels or lots include:
B.
Procedure. An applicant seeking a parcel or lot consolidation or
reconfiguration shall provide the required information required in
COMAR 27.01.02.08E to the Town.
(1)
The Town may not approve a proposed parcel or lot consolidation
or reconfiguration without making written findings in accordance with
COMAR 27.01.02.08F.
(2)
The Town shall issue a final written decision or order granting
or denying an application for a consolidation or reconfiguration.
(a)
After a final written decision or order is issued, the Town
shall send a copy of the decision or order and a copy of any approved
development plan within 10 business days by U.S. mail to the Commission's
business address.
A.
Amendments. The Town Council may, from time to time, amend this Part 3. Changes may include, but are not limited to, amendments, revisions, and modifications to these zoning regulations, Critical Area Maps, implementation procedures, and local policies that affect the Town's Critical Area. All such amendments, revisions, and modifications shall also be approved by the Critical Area Commission as established in § 8-1809 of the Natural Resources Article of the Annotated Code of Maryland. No such amendment shall be implemented without approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law § 8-1809(i) and § 8-1809(d), respectively.
B.
Zoning Map amendments. Except for program amendments or program refinements
developed during a six-year comprehensive review, a Zoning Map amendment
may only be granted by the Town Council upon proof of a mistake in
the existing zoning. This requirement does not apply to proposed changes
to a Zoning Map that meet the following criteria:
C.
Process.
(1)
When an amendment is requested, the applicant shall submit the
amendment to the Planning Commission for review and research. Upon
completing findings of fact, these documents shall be forwarded to
the Town Council.
(2)
The Town Council shall hold a public hearing at which parties
of interest and citizens shall have an opportunity to be heard. At
least 14 days' notice of the time and place of such hearing shall
be published in a newspaper of general circulation in the Town.
(3)
After the Town Council approves an amendment, it shall forward
the decision and applicable resolutions along with the amendment request
to the Critical Area Commission for final approval.
A.
Consistency. This Part 3 supersedes any inconsistent law or plan
of the Town. In the case of conflicting provisions, the stricter provisions
shall apply.
B.
Violations.
(1)
No person shall violate any provision of this Part 3. Each violation
that occurs and each calendar day that a violation continues shall
be a separate offense.
(2)
Each person who violates a provision of this Part 3 shall be
subject to separate administrative civil penalties, abatement and
restoration orders, and mitigation for each offense.
(3)
Noncompliance with any permit or order issued by the Town related
to the Critical Area shall be a violation of this Part 3 and shall
be enforced as provided herein.
C.
Responsible persons. The following persons may each be held jointly
or severally responsible for a violation:
D.
Required enforcement action. In the case of violations of this Part
3, the Town shall take enforcement action, including:
(1)
Assessing administrative civil penalties as necessary to cover
the costs associated with performing inspections, supervising or rendering
assistance with identifying and citing the violation, issuing abatement
and restoration orders, and reviewing mitigation plans and ensuring
compliance with these plans;
(3)
Requiring the implementation of mitigation measures, in addition
to restoration activities, to offset the environmental damage and
degradation or loss of environmental benefit resulting from the violation.
E.
Right to enter property. Except as otherwise authorized and in accordance
with the procedures specified herein, the Zoning Administrator or
his designee may obtain access to and enter a property in order to
identify or verify a suspected violation, restrain a development activity,
or issue a citation if the Town has probable cause to believe that
a violation of this chapter has occurred, is occurring, or will occur.
The Town shall make a reasonable effort to contact a property owner
before obtaining access to or entering the property. If entry is denied,
the Town may seek appropriate judicial relief to enter the property
to pursue an enforcement action.
F.
Administrative civil penalties. In addition to any other penalty applicable under state or Town law, every violation of a provision of Natural Resources Article, Title 8 Subtitle 18, or this Part 3 shall be punishable by a civil penalty of up to $10,000 per calendar day.
(1)
Before imposing any civil penalty, the person(s) believed to
have violated this Part 3 shall receive written notice of the alleged
violation(s), including which, if any, are continuing violations,
and an opportunity to be heard. The amount of the civil penalty for
each violation, including each continuing violation, shall be determined
separately. For each continuing violation, the amount of the civil
penalty shall be determined per day. In determining the amount of
the civil penalty, the Zoning Administrator shall consider:
(a)
The gravity of the violation;
(b)
The presence or absence of good faith of the violator;
(c)
Any willfulness or negligence involved in the violation, including
a history of prior violations;
(d)
The environmental impact of the violation; and
(e)
The cost of restoration of the resource affected by the violation
and mitigation for damage to that resource, including the cost to
the Town for performing, supervising, or rendering assistance to the
restoration and mitigation.
(2)
Administrative civil penalties for continuing violations shall
accrue for each violation, every day each violation continues, with
no requirements for additional assessments, notice, or hearings for
each separate offense. The total amount payable for continuing violations
shall be the amount assessed per day for each violation multiplied
by the number of days that each violation has continued.
(3)
The person responsible for any continuing violation shall promptly
provide the Zoning Administrator with written notice of the date(s)
the violation has been or will be brought into compliance and the
date(s) for the Town inspection to verify compliance. Administrative
civil penalties for continuing violations continue to accrue as set
forth herein until the Zoning Administrator receives such written
notice and verifies compliance by inspection or otherwise.
(4)
Assessment and payment of administrative civil penalties shall
be in addition to and not in substitution for recovery by the Town
of all damages, costs, and other expenses caused by the violation.
(5)
Payment of all administrative civil penalties assessed shall
be a condition precedent to the issuance of any permit or other approval
required by this Part 3.
G.
Cumulative remedies. The remedies available to the Town under this
section are cumulative and not alternative or exclusive, and the decision
to pursue one remedy does not preclude pursuit of others.
H.
Injunctive relief. The Town is authorized to institute injunctive
or other appropriate actions or proceedings to bring about the discontinuance
of any violation of this Part 3, an administrative order, a permit,
a decision, or other imposed condition.
(1)
The pendency of an appeal to the Board of Appeals or subsequent
judicial review shall not prevent the Town from seeking injunctive
relief to enforce an administrative order, permit, decisions, or other
imposed condition, or to restrain a violation pending the outcome
of the appeal or judicial review.
I.
Variances pursuant to a violation. The Town may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this Part 3 or any provisions of an order, permit, plan, or this Part 3 in accordance with the variance provisions of § 440-957. However, the application shall not be reviewed nor shall a final decision be made until all abatement, restoration, and mitigation measures have been implemented and inspected by the Town.
J.
Permits pursuant to a violation. The Town may not issue any permit,
approval, variance, or special exception, unless the person seeking
the permit has:
(2)
Prepared a restoration or mitigation plan, approved by the Town,
to abate impacts to water quality or natural resources as a result
of the violation;
(3)
Performed the abatement measures in the approved plan in accordance
with the Town's regulations; and
(4)
Unless an extension of time is approved by the Town because
of adverse planting conditions, within 90 days of the issuance of
a permit, approval, variance, or special exception for the affected
property, has completed any additional mitigation required as a condition
of approval for the permit, approval, variance, or special exception.
K.
Appeals. An appeal to the Town's Board of Appeals may be filed by
any person aggrieved by any order, requirement, decision or determination
by the Town in connection with the administration and enforcement
of this Part 3.
(1)
An appeal is taken by filing a written notice of appeal with
the Board of Appeals in accordance with the provisions in this chapter
and accompanied by the appropriate filing fee.
(2)
An appeal must be filed within 30 days of the date of the decision
or order being appealed; and
(3)
An appeal stays all actions by the Town seeking enforcement
or compliance with the order or decisions being appealed, unless the
Town certifies to the Board of Appeals that (because of facts stated
in the certificate) such stay will cause imminent peril to life or
property. In such a case, action by the Town shall not be stayed except
by order of the Board of Appeals or a court upon application of the
party seeking the stay.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
|
Supplemental Uses
| ||||
|---|---|---|---|---|
|
Permitted uses in the Critical Area shall be limited to those
uses allowed by the underlying zoning classification as modified by
the following supplemental use standards
| ||||
|
Item
|
Use Description
|
IDA
|
LDA
|
RCA
|
|
1.00
|
RESIDENTIAL
| |||
|
1.10
|
Accessory dwelling unit
|
P
|
P
|
PC
|
|
2.00
|
INSTITUTIONAL
| |||
|
2.10
|
Existing institutional uses
|
P
|
P
|
PC
|
|
2.20
|
New institutional uses
|
P
|
P
|
NP
|
|
2.30
|
Cemetery
|
P
|
P
|
PC
|
|
2.40
|
Group home
|
P
|
P
|
PC
|
|
2.50
|
Day care
|
P
|
P
|
PC
|
|
3.00
|
COMMERCIAL
| |||
|
3.10
|
Existing commercial uses
|
P
|
P
|
PC
|
|
3.20
|
New commercial uses
|
P
|
P
|
NP
|
|
3.30
|
Home occupation
|
P
|
P
|
PC
|
|
3.40
|
Bed-and-breakfast
|
P
|
P
|
PC
|
|
4.00
|
MARITIME/WATER DEPENDENT
| |||
|
4.10
|
Expansion of existing commercial marinas
|
P
|
P
|
PC
|
|
4.20
|
New marina, commercial
|
P
|
P
|
NP
|
|
4.30
|
Community piers and noncommercial boat docking and storage
|
P
|
P
|
PC
|
|
4.40
|
Public beaches and public water-oriented recreational and educational
areas
|
P
|
P
|
PC
|
|
4.50
|
Research areas
|
P
|
P
|
PC
|
|
4.60
|
Fisheries activities
|
P
|
P
|
P
|
|
4.70
|
Structures on piers
|
PC
|
NP
|
NP
|
|
4.80
|
Private pier
|
P
|
P
|
P
|
|
5.00
|
RECREATION
| |||
|
5.10
|
Golf course
|
P
|
P
|
PC
|
|
6.00
|
INDUSTRIAL
| |||
|
6.10
|
Existing industrial uses
|
P
|
P
|
PC
|
|
6.20
|
New industrial uses
|
P
|
PC
|
NP
|
|
6.30
|
Nonmaritime heavy industry
|
P
|
NP
|
NP
|
|
7.00
|
TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES
| |||
|
7.10
|
Utility transmission facilities
|
PC
|
PC
|
PC
|
|
8.00
|
PUBLIC/QUASI-PUBLIC
| |||
|
8.10
|
Sanitary landfill; rubble fill
|
PC
|
PC
|
PC
|
|
8.20
|
Solid or hazardous waste collection or disposal facilities
|
PC
|
PC
|
PC
|
|
8.30
|
Sludge facilities
|
PC
|
PC
|
PC
|
|
P = Permitted
|
|
PC = Permitted with conditions
|
|
NP = Not permitted
|
The following supplemental use standards apply to the permitted
uses listed in the table above and shall apply when the permitted
use is allowed in the underlying zoning district.
A.
Accessory dwelling unit (1.10).
(1)
If a permitted use in the underlying zoning district, one additional
dwelling unit (accessory dwelling unit) as part of a primary dwelling
unit may be permitted in the resource conservation area, provided
the additional dwelling unit is served by the same sewage disposal
system as the primary dwelling unit and:
(a)
Is located within the primary dwelling unit or its entire perimeter
is within 100 feet of the primary dwelling unit and does not exceed
900 square feet in total enclosed areas; or
(b)
Is located within the primary dwelling unit and does not increase
the amount of lot coverage already attributed to the primary dwelling
unit.
(2)
An additional dwelling unit meeting all of the provisions of
this section may not be subdivided or conveyed separately from the
primary dwelling unit; and
(3)
The provisions of this section may not be construed to authorize
the granting of a variance, unless the variance is granted in accordance
with the variance provisions contained herein.
B.
Existing institutional uses (2.10).
(1)
Existing institutional facilities, including those that directly
support agriculture, forestry, aquaculture, or residential development,
shall be allowed in resource conservation areas.
C.
New institutional uses (2.20).
(1)
New institutional facilities and uses, except those specifically
listed, shall not be permitted in resource conservation areas.
(2)
Certain institutional uses may be permitted if allowed in the
underlying zoning district and if the use complies with all requirements
for such uses as provided in this chapter. These institutional uses
are limited to:
(a)
A cemetery (2.30) that is an accessory use to an existing church,
provided man-made lot coverage is limited to 15% of the site or 20,000
square feet, whichever is less;
(b)
A group home (2.40) or assisted living facility with no more
than eight residents; and
(c)
A day-care facility (2.50) in a dwelling where the operators
live on the premises and there are no more than eight children.
D.
Existing commercial uses (3.10).
(1)
Existing commercial facilities and uses, including those that
directly support agriculture, forestry, aquaculture or residential
development, shall be allowed in resource conservation areas.
E.
New commercial uses (3.20).
(1)
New commercial uses, except those specifically listed, shall
not be permitted in resource conservation areas.
(2)
Certain commercial uses may be permitted if allowed in the underlying
zoning district and if the use complies with all requirements for
such uses as provided in this chapter. These commercial uses are limited
to:
(a)
A home occupation (3.30) as an accessory use on a residential
property and as provided for in this chapter;
(b)
A bed-and-breakfast (3.40) located in an existing residential
structure and where meals are prepared only for guests staying at
the facility; and
(c)
A gun club or skeet shooting range or similar use, excluding
main buildings and/or structures, such as a clubhouse, snack bar,
etc.
F.
Expansion of existing commercial marinas (4.10).
(1)
Expansion of existing commercial marinas may be permitted within
resource conservation areas, provided:
(a)
Water quality impacts are quantified and appropriate best management
practices that address impacts are provided;
(b)
That it will result in an overall net improvement in water quality
at or leaving the site of the marina;
(c)
The marina meets the sanitary requirements of the Department
of the Environment; and
(d)
Expansion is permitted under the nonconforming use provisions
of this Part 3.
(2)
Expansion of existing commercial marinas may be permitted in
the buffer in the intensely developed areas and limited development
areas, provided that the applicant demonstrates:
(a)
The project meets a recognized private right or public need;
(b)
Adverse effects on water quality and fish, plant, and wildlife
habitat are minimized;
(c)
Insofar as possible, non-water-dependent structures or operations
associated with water-dependent projects or activities are located
outside the buffer; and
(d)
Expansion is permitted under the nonconforming use provisions
of this Part 3.
G.
New marina, commercial (4.20).
(1)
New commercial marinas shall not be permitted in resource conservation
areas.
(2)
New commercial marinas may be permitted in limited development
areas and intensely developed areas if allowed in the underlying zoning
district, provided:
(a)
New marinas shall establish a means of minimizing the discharge
of bottom wash waters into tidal waters.
(b)
New marinas meet the sanitary requirements of the Department
of the Environment.
(c)
New marinas may be permitted in the buffer in the intensely
developed areas and limited development areas, provided that it is
shown that:
[1]
The project meets a recognized private right or public need;
[2]
Adverse effects on water quality, fish, plant and wildlife habitat
are minimized; and
[3]
Insofar as possible, non-water-dependent structures or operations
associated with water-dependent projects or activities are located
outside the buffer.
H.
Community piers and noncommercial boat docking and storage (4.30).
(1)
New or expanded community marinas and other noncommercial boat-docking
and storage facilities may be permitted in the buffer subject to the
requirements in this Part 3, provided that:
(a)
The facilities may not offer food, fuel, or other goods and
services for sale and shall provide adequate and clean sanitary facilities;
(b)
The facilities are community-owned and established and operated
for the benefit of the residents of a platted and recorded riparian
subdivision;
(c)
The facilities are associated with a residential development
approved by the Town for the Critical Area and consistent with all
state requirements and the requirements of this chapter applicable
to the Critical Area;
(d)
Disturbance to the buffer is the minimum necessary to provide
a single point of access to the facilities; and
(e)
If community piers, slips, or moorings are provided as part
of the new development, private piers (4.80) in the development are
not allowed.
(2)
Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of Subsection H(2)(a) or (b) below:
(a)
One slip for each 50 feet of shoreline in the subdivision in
the intensely developed and limited development areas and one slip
for each 300 feet of shoreline in the subdivision in the resource
conservation area; or
(b)
A density of slips or piers to platted lots or dwellings within
the subdivision in the Critical Area according to the following schedule:
|
Number of Slips Permitted
| |
|---|---|
|
Platted Lots or Dwellings in the Critical Area
|
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
|
|
over 300
|
75 or 15%, whichever is greater
|
I.
Public beaches and public water-oriented recreational and educational
areas (4.40).
(1)
Public beaches or other public water-oriented recreation or
education areas, including, but not limited to, publicly owned boat
launching and docking facilities and fishing piers, may be permitted
in the buffer in intensely developed areas.
(2)
These facilities may be permitted within the buffer in limited
development areas and resource conservation areas, provided that:
(a)
Adequate sanitary facilities exist;
(b)
Service facilities are, to the extent possible, located outside
the buffer;
(c)
Permeable surfaces are used to the extent practicable, if no
degradation of groundwater would result;
(d)
Disturbance to natural vegetation is minimized; and
(e)
Areas for possible recreation, such as nature study, hunting
and trapping, and for education, may be permitted in the buffer within
resource conservation areas if service facilities for these uses are
located outside of the buffer.
J.
Research areas (4.50). Water-dependent research facilities or activities
operated by state, federal, or local agencies or educational institutions
may be permitted in the buffer, if non-water-dependent structures
or facilities associated with these projects are, to the extent possible,
located outside of the buffer.
K.
Fisheries activities (4.60). Commercial water-dependent fisheries,
including, but not limited to, structures for crab shedding, fish
off-loading docks, shellfish culture operations and shore-based facilities
necessary for aquaculture operations and fisheries activities, may
be permitted in the buffer in intensely developed areas, limited development
areas, and resource conservation areas.
L.
Non-water-dependent structures on piers (4.70).
(1)
Except as provided in Subsection L(2) and (3) below and notwithstanding any other provisions of the law, the Town may not issue a building permit or any other approval to authorize a non-water-dependent project located on state or private wetlands within the Critical Area.
(2)
The Town may issue a building permit or other approval to authorize
a non-water-dependent project for a small-scale renewable energy system
on a pier located on state or private wetlands within the Critical
Area if the project:
(a)
Involves the installation or placement of a small-scale renewable
energy system that is permitted as a secondary or accessory use on
a pier that is authorized under Title 16 of the Environment Article;
(b)
Is located in:
[1]
The Chesapeake and Atlantic Coastal Bays Critical Area and the project is authorized under a program amendment to the Town's Critical Area Program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to Town's zoning, subdivision, and other ordinances so as to be consistent with or more restrictive than the requirements provided under this Subsection L(2)(b)[1]; or
[2]
An area that has been excluded from the Town of Indian Head's
Critical Area Program that has been adopted or approved by the Critical
Area Commission for the Chesapeake and Atlantic Coastal Bays;
(c)
Is approved by the Town's Planning Commission and Town Council after the Town's amendment in accordance with Subsection L(2)(b)[1] above, if applicable, has been approved;
(d)
A building permit or other approval issued under the requirements in Subsection L(2)(c) above may include the installation or placement of:
[2]
A solar energy system attached to a piling if there is only
one solar panel per boat slip;
[3]
A solar energy system attached to a boathouse roof if the device
or equipment associated with that system does not extend beyond the
length, width, or height of the boathouse roof;
[4]
A closed-loop geothermal heat exchanger under a pier if the
geothermal heat exchanger or any associated devices or equipment do
not:
[5]
A wind energy system attached to a pier if there is only one
wind energy system per pier for which:
[a]
The height from the deck of the pier to the blade
extended at its highest point is up to 12 feet;
[b]
The rotor diameter of the wind turbine is up to
four feet; and
[c]
The setbacks of the wind energy system from the
nearest property line and from the channelward edge of the pier to
which that system is attached are at least 1.5 times the total height
of the system from its base to the blade extended at its highest point.
M.
Golf course (5.10).
(1)
A golf course, excluding main buildings and/or structures such
as the clubhouse, pro shop, parking lot, etc., may be permitted in
resource conservation areas, provided:
N.
Existing industrial uses (6.10).
(1)
Existing industrial facilities and uses, including those that
directly support agriculture, forestry, or aquaculture, may be permitted
in resource conservation areas.
O.
New industrial uses (6.20).
(1)
New industrial uses shall not be permitted in resource conservation
areas.
(2)
New, expanded or redeveloped industrial facilities may only
be permitted in limited development areas (LDA) if such a use is permitted
in the underlying zoning district and provided such facilities meet
all requirements for development in the LDA.
(3)
New, expanded or redeveloped industrial or port-related facilities
and the replacement of these facilities may be permitted only in those
portions of intensely developed areas that have been designated as
buffer management areas.
P.
Nonmaritime heavy industry (6.30).
Q.
R.
Sanitary landfill; rubble fill (8.10).
(1)
Sanitary landfills or rubble fills may not be permitted in the
Critical Area unless no environmentally acceptable alternative exists
outside the Critical Area and these development activities or facilities
are needed in order to correct an existing water quality or wastewater
management problem.
(2)
Existing, permitted facilities shall be subject to the standards
and requirements of the Department of the Environment.
S.
Solid or hazardous waste collection or disposal facilities (8.20).
(1)
Solid or hazardous waste collection or disposal facilities,
including transfer stations, may not be permitted in the Critical
Area unless no environmentally acceptable alternative exists outside
the Critical Area and these development activities or facilities are
needed in order to correct an existing water quality wastewater management
problem.
(2)
Existing, permitted facilities shall be subject to the standards
and requirements of the Department of the Environment.
T.
Sludge facilities (8.30).
(1)
Permanent sludge handling, storage, and disposal facilities,
other than those associated with wastewater treatment facilities,
may be permitted in the Critical Area, provided:
(a)
The facility or activity is located in an intensely developed
area; and
(b)
Only after the activity or facility has demonstrated to all
appropriate local and state permitting agencies that there will be
a net improvement in water quality to the adjacent body of water.
(c)
Agricultural or horticultural use of sludge under appropriate
approvals when applied by an approved method at approved application
rates may be permitted in the Critical Area, except in the 100-year
floodplain.
