A.Â
Permitted uses. Except as provided herein, uses permitted
within IDA development areas shall be those permitted in the applicable
underlying base zoning district. For a specific determination of permitted
uses refer to the Queen Anne's County Zoning Ordinance.[1] All permitted uses shall be subject to the following development standards and/or conditions in addition to those established in other sections of this Chapter 14:1.
B.Â
Uses not permitted or strictly limited.
(1)Â
The following uses are prohibited in IDAs due to their
adverse impact on habitats and water quality:
(a)Â
Transportation facilities and utility transmission
facilities (except those serving permitted uses or where regional
or interstate facilities must cross tidal waters);
(b)Â
Sludge handling, storage and disposal facilities,
other than those associated with wastewater treatment facilities;
(c)Â
Non-maritime heavy industry;
(e)Â
The land application of sludge.
C.Â
Density.
(2)Â
The density of an individual parcel of IDA land may
be increased under the transfer of development rights (TDR) provisions
of the Queen Anne's County Zoning Ordinance, provided a minimum of
20 acres of RCA land is permanently deed restricted as open space
for each development right transferred from the RCA.
D.Â
Site performance standards for project approvals.
Development and redevelopment requiring project approvals within the
IDA shall be subject to the following standards, conditions and restrictions:
(2)Â
A stormwater management plan which achieves the following
standards shall be prepared and submitted to the Department of Planning
and Zoning for approval:
(a)Â
Redevelopment proposals shall demonstrate that
best management practices for stormwater management assure a ten-percent
reduction of predevelopment pollutant loadings. This demonstration
should be based on methodologies agreed on by the County and the Critical
Area Commission.
(b)Â
New development shall demonstrate that practices
for stormwater management will reduce predevelopment pollutant loadings
by 10%. This demonstration should be based on methodologies agreed
on by the County and the Critical Area Commission.
(c)Â
Stormwater management plans that cannot demonstrate
the required on-site reductions in predevelopment pollutant loadings
may be approved only if the plan demonstrates that mitigation measures,
including fees-in-lieu, or offsets will be provided to achieve equivalent
water quality benefits elsewhere in the same watershed. All such mitigation
measures of offset plans shall be consistent with methodologies agreed
on by the County and the Critical Area Commission.
(3)Â
All development and redevelopment projects shall delineate
those site areas not covered by impervious surfaces to be maintained
or established in vegetation. Where vegetation is not proposed, the
developer shall demonstrate why plantings for such portions of the
site are impracticable.
(4)Â
Vegetative shore erosion control measures shall be
installed when found to be a practical and feasible alternative to
structural shore erosion measures. Where control of shore erosion
cannot be accomplished by vegetative measures, the use of structural
measures may be approved by the Planning Commission.
(5)Â
Proposed development shall be done so as to protect
the hydrologic regime and water quality of identified nontidal wetlands,
either on or off the site, by providing that development activities
and other land disturbances in the drainage area of the wetlands will
minimize alterations to the surface or subsurface flow of water into
and from the wetland and not cause impairment of water quality or
the plant and wildlife and habitat value of the wetland.
(7)Â
Development and redevelopment shall be done in a manner
that protects habitat protection areas as defined in the Queen Anne's
County Critical Area Program and as defined herein.
E.Â
Site performance standards for building permits. Development
and redevelopment requiring only the issuance of a building permit
within the IDA shall be subject to the following conditions and restrictions:
(1)Â
All environmental and natural features on that portion
of the site within the critical area shall be identified, including
habitat protection areas as defined in Section VI of the Queen Anne's
County Critical Area Program.
(2)Â
Development and redevelopment activities shall be
located to avoid disturbance to habitat protection areas as defined
in Section VI of the Queen Anne's County Critical Area Program. When
no alternative exists and such activities must cross or be located
in habitat protection areas, the applicant shall minimize impacts
to habitats and show that no reasonably feasible alternative location
for such activities exists.
(3)Â
Forest and developed woodlands shall be protected
in accordance with the following:
(a)Â
Except as provided in § 14:1-28B(3), the clearing or cutting of forest or developed woodland for development or redevelopment shall provide insofar as possible that no more than 20% of the forest or woodland is removed.
(b)Â
When proposed development or redevelopment requires
the cutting or clearing of trees, area proposed for clearing must
be identified on the plan accompanying the building permit application.
(c)Â
Trees with a diameter at breast height (DBH)
greater than four inches that are cut or cleared during development
or redevelopment shall be replaced on site on a one-to-one basis.
Replacement trees shall be non-bare-root, native species and at least
four to six feet in height.
(d)Â
If a person demonstrates to the satisfaction
of the Planning and Zoning Office that mitigation requirements, on-site
or off-site, cannot be reasonably accomplished, the person shall contribute
money (a fee-in-lieu), at a rate to equal the total cost of replacing
forest land to be cleared.
(e)Â
The fees-in-lieu collected may only be used
for projects within the critical area for the benefit of wildlife
habitat, water quality improvement or environmental education. These
sites will be planted with more than one native species and will remain
in a forest management plan held with the Maryland Forest Service.
(4)Â
A stormwater management plan which achieves the following
standards shall be prepared and submitted to the Department of Planning
and Zoning for approval:
(a)Â
Redevelopment proposals shall demonstrate that
the best management practices for stormwater management assure a ten-percent
reduction of predevelopment pollutant loadings. This demonstration
shall be based on methodologies agreed on by the County and the Critical
Area Commission.
(b)Â
New development shall demonstrate that the best
management practices assure a ten-percent pollutant reduction of predevelopment
loadings. This demonstration shall be based on methodologies agreed
on by the County and the Critical Area Commission.
(c)Â
Stormwater management plans that cannot demonstrate
the required on-site reductions in predevelopment pollutant loadings
may be approved only if the plan demonstrates that mitigation measures,
including fees-in-lieu, or offsets will be provided to achieve equivalent
water quality benefits elsewhere in the same watershed. All such mitigation
measures or offset plans shall be consistent with methodologies agreed
on by the County and the Critical Area Commission.
[Amended 10-17-1997 by Ord. No. 97-07]
A.Â
Permitted uses. Except as provided herein, uses permitted
within LDA development areas shall be those permitted in the applicable
underlying base zoning district. For a specific determination of permitted
uses refer to the Queen Anne's County Zoning Ordinance.[1] All permitted uses shall be subject to the following development standards and/or conditions in addition to those established in other sections of this Chapter 14:1.
B.Â
Uses not permitted or strictly limited. The following
uses are prohibited in LDAs due to their adverse impact on habitats
and water quality:
(1)Â
Transportation facilities and utility transmission
facilities (except those serving permitted uses or where regional
or interstate facilities must cross tidal waters);
(2)Â
Sludge handling, storage and disposal facilities,
other than those associated with wastewater treatment facilities;
(3)Â
Non-maritime heavy industry;
(5)Â
The land application of sludge.
C.Â
Density.
(1)Â
The density of development and minimum lot sizes permitted
within LDA development areas shall be governed by applicable provisions
of the Queen Anne's County Zoning Ordinance.
(2)Â
The density on an individual parcel of LDA land may
be increased under the transfer of development rights (TDR) provisions
of the Queen Anne's County Zoning Ordinance, provided a minimum of
20 acres of RCA land is permanently deed restricted as open space
for each development right transferred from the RCA.
D.Â
Site performance standards. Development and redevelopment
requiring project approvals within the LDA shall be subject to the
following conditions and restrictions:
(1)Â
For proposed development activities that require subdivision
or site plan approval, all environmental or natural features on that
portion of a site within the critical area shall be identified.
(2)Â
Site development shall be designed to assure that
habitat protection areas are not adversely affected.
(3)Â
Roads, bridges and utilities serving development 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
for such infrastructure exists.
(4)Â
All development activities which must cross or are
located adjacent to tributary streams shall:
(a)Â
To the extent possible avoid location in the
critical area Buffer, and, if no other location is feasible, the development
shall be designed in a manner to reduce increases in flood frequency
and severity;
(b)Â
Provide for the retention of natural streambed
substrate;
(c)Â
Minimize adverse water quality and quantity
impacts of stormwater runoff; and
(d)Â
Retain the existing tree canopy so as to maintain
stream water temperature within normal variation.
(5)Â
Development activities shall be located and designed
to maintain and enhance existing wildlife and plant habitats and to
establish new wildlife corridors for continuity with those on adjacent
sites. When wildlife corridors exist or are proposed, they shall include
any existing habitat protection areas and shall connect large forested
areas or most vegetative areas on or immediately adjacent to the site.
Existing and proposed wildlife corridors shall be identified on proposed
development plans. All existing or proposed wildlife corridors shall
be described by metes and bounds or other legally sufficient means
of describing property. The property description shall be included
in restrictive covenants or easements. Such restrictive covenants
or easements shall be submitted to and approved by the Planning Commission
Attorney prior to project approval and shall be recorded among the
land records of Queen Anne's County in accordance with Part IX of
the Queen Anne's County Zoning Ordinance.[2]
(6)Â
Forests and developed woodlands shall be created or
protected in accordance with the following:
(a)Â
When forest on the site totals less than 15%
of the site area, additional forested areas shall be established so
that at least 15% of the site area is in forest cover. The location
of the afforested area shall be designed to protect habitats or to
provide continuity with forested areas on adjacent sites.
(b)Â
When forests or developed woodlands exist on
the site and proposed development requires the cutting or clearing
of trees, areas proposed for clearing shall be identified on the proposed
development plan. The developer shall submit development plans to
the Maryland Forest Service for comments and recommendations and shall
transmit such comments to the Department of Planning and Zoning. In
addition, cutting or clearing which is associated with development
shall be subject to the following limits and replacement conditions:
[1]Â
Except as provided in Subsection D(6)(b)[3] below, no more than 20% of a forested or developed woodland area of a site proposed for development may be removed. The remaining 80% shall be maintained as forest cover. Restrictive covenants or easements in legally recordable form prohibiting the removal of remaining forest cover shall be submitted to and approved by the Planning Commission Attorney prior to project approval and shall be recorded among the land records of Queen Anne's County in accordance with Chapter 18, Part IX of the Queen Anne's County Code.[3]
[2]Â
Clearing of forest or developed woodlands up
to 20% shall be replaced on an area basis of one to one on site or,
if reforestation is impracticable on site, elsewhere within the critical
area as proposed by the applicant and approved by the Planning Director.
[3]Â
Subject to the limitations imposed upon the clearing and cutting of woodlands imposed in the Queen Anne's County Code, a developer may propose clearing up to 30% of the forested or developed woodland area of a site proposed for development without the need to obtain a variance under this Chapter 14:1. However, any such area removed must be replaced at the rate of 1.5 times the area removed on site or, if reforestation is impracticable on site, elsewhere within the critical area as proposed by the applicant and approved by the Planning Department.
[4]Â
A variance under this Chapter 14:1 and the Queen Anne's County Code is required for removal of existing forest in excess of 30% of the forested or developed woodland area on a site proposed for development. Forested or developed woodland areas removed must be replaced at the rate of three times the total area removed on site or, if reforestation is impracticable on site, within the critical area as proposed by the applicant and approved by the Planning Department.
[5]Â
A sediment control permit shall be required
prior to any clearing or cutting of trees associated with any development
or development activities. If the cutting or clearing of forests or
developed woodlands occurs before a sediment control permit is obtained,
the area removed must be replaced on site at the rate of three times
the area removed.
(d)Â
Forests and developed woodlands required to
be retained or created through afforestation or reforestation shall
be maintained through restrictive covenants or easements.
(7)Â
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)Â
Impervious surfaces shall be limited to 15% of the
gross site area proposed for development, except as follows:
(a)Â
If a parcel or lot 1/2 acre or less in size
was a lot of record on or before December 1, 1985, then man-made impervious
surfaces associated with that use are limited to 25% of the parcel
or lot.
(b)Â
If a parcel or lot 1/4 acre or less in size
was in nonresidential use on or before December 1, 1985, then man-made
impervious surfaces associated with that development are limited to
25% of the parcel or lot. If a parcel or lot 8,000 square feet or
less in size was a lot of record on or before December 1, 1985, then
man-made impervious surfaces on the lot are limited to 25% of the
parcel or lot plus 500 square feet, provided:
[1]Â
New impervious surfaces on the parcel or lot
have been minimized;
[2]Â
Stormwater quality impacts have been minimized
through site design and/or use of best management practices agreed
on by the County and the Critical Area Commission; and
[3]Â
On-site mitigation is performed or payment of
a fee-in-lieu is made to offset adverse water quality impacts.
(c)Â
If a parcel or lot greater than 8,000 square
feet, but less than or equal to 21,780 square feet, was a lot of record
on or before December 1, 1985, then man-made impervious surfaces on
the lot are limited to 31.25% of the parcel or lot, provided the requirements
of § 14:1-38D(8)(b)[1], [2] and [3] are met.
(d)Â
If a parcel or lot greater than 21,780 square
feet but less than or equal to 36,300 square feet was a lot of record
on or before December 1, 1985, then man-made impervious surfaces on
the lot are limited to 5,445 square feet, provided the requirements
of § 14:1-38D(8)(b)[1], [2] and [3] are met.
(e)Â
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%.
(f)Â
These provisions do not apply to a legally existing
manufactured home park that was in residential use on or before December
1, 1985.
E.Â
Site performance standards for building permits. Development
and redevelopment requiring only the issuance of a building permit
within the LDA shall be subject to the following conditions and restrictions:
(1)Â
All environmental and natural features on that portion
of the site within the critical area shall be identified, including
habitat protection areas as defined in Section VI of the Queen Anne's
County Critical Area Program.
(2)Â
Development and redevelopment activities shall be
located to avoid disturbance to habitat protection areas as defined
in Section VI of the Queen Anne's County Critical Area Program. When
no alternative exists and such activities must cross or be located
in habitat protection areas, the applicant shall minimize impacts
to habitats and show that no reasonable feasible alternative location
for such activity exists.
(3)Â
Forests and developed woodlands shall be protected
in accordance with the following:
(a)Â
Except as provided in § 14-28B(3),
the clearing or cutting of forested or developed woodland for development
or redevelopment shall provide insofar as possible that no more than
20% of the forest or woodland is removed.
(b)Â
When proposed development or redevelopment requires
the cutting or clearing of trees, areas proposed for clearing must
be identified on the plan accompanying the building permit application.
(c)Â
Trees with a diameter at breast height (DBH)
greater than four inches that are cut or cleared during development
or redevelopment shall be replaced on site on a one-to-one basis.
Replacement trees shall be non-bare-root, native species and at least
four to six feet in height.
(d)Â
If a person demonstrates to the satisfaction
of the Planning and Zoning Office that mitigation requirements, on-site
or off-site, cannot be reasonably accomplished, the person shall contribute
money (a fee-in-lieu), at a rate to equal the total cost of replacing
forest land to be cleared.
(e)Â
The fees-in-lieu collected may only be used
for projects within the critical area for the benefit of wildlife
habitat, water quality improvement or environmental education. These
sites will be planted with more than one native species and will remain
in a forest management plan held with the Maryland Forest Service.
(4)Â
Development on slopes greater than 15% shall be prohibited
unless the slope is unstable and such development is demonstrated
to be the only effective way to maintain or improve slope stability.
(5)Â
Impervious surfaces shall be limited to 15% of the
gross site area proposed for development except as follows:
(a)Â
If a parcel or lot 1/2 acre or less in size
was a lot of record on or before December 1, 1985, then man-made impervious
surfaces associated with that use are limited to 25% of the parcel
or lot.
(b)Â
If a parcel or lot 8,000 square feet or less
in size was a lot of record on or before December 1, 1985, then man-made
impervious surfaces on the lot are limited to 25% of the parcel or
lot plus 500 square feet, provided:
[1]Â
New impervious surfaces on the parcel or lot
have been minimized;
[2]Â
Stormwater quality impacts have been minimized
through site design and/or use of best management practices agreed
on by the County and the Critical Area Commission; and
[3]Â
On-site mitigation is performed or payment of
a fee-in-lieu is made to offset adverse water quality impacts.
(c)Â
If a parcel or lot greater than 8,000 square
feet, but less than or equal to 21,780 square feet, was a lot of record
on or before December 1, 1985, then man-made impervious surfaces on
the lot are limited to 31.25% of the parcel or lot, provided § 14-38D(8)(a),
(b) and (c) are met.
(d)Â
If a parcel or lot greater than 21,780 square
feet, but less than or equal to 36,300 square feet, was a lot of record
on or before December 1, 1985, then man-made impervious surfaces on
the lot are limited to 5,445 square feet, provided § 14:1-138D(8)(a),
(b) and (c) are met.
(e)Â
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%.
(f)Â
These provisions do not apply to a legally existing
manufactured home park that was in residential use on or before December
1, 1985.
[Amended 10-17-1997 by Ord. No. 97-07; 11-19-1999
by Ord. No. 99-17]
A.Â
Permitted uses. Except as provided herein, uses permitted within RCA development areas shall be those permitted in the applicable underlying base zoning district. For a specific determination of permitted uses refer to the Queen Anne’s County Code. All permitted uses shall be subject to the following development standards and/or conditions in addition to those established in other sections of this Chapter 14:1.
[Amended 8-13-2013 by Ord. No. 13-02]
B.Â
Uses not permitted or strictly limited.
(1)Â
The following uses are prohibited in RCAs due to their
adverse impact on habitats and water quality:
(a)Â
Transportation facilities and utility transmission
facilities (except those serving permitted uses or where regional
or interstate facilities must cross tidal waters);
(b)Â
Sludge handling, storage and disposal facilities,
other than those associated with wastewater treatment facilities;
(c)Â
Non-maritime heavy industry;
(d)Â
Waste disposal uses as defined in the Queen
Anne's County Code; and
(e)Â
The land application of sludge.
(2)Â
The following shall apply to accessory dwelling units in the
resource conservation area:
[Added 10-13-2020 by Ord.
No. 20-04]
(a)Â
One additional dwelling unit is permitted per lot or parcel
as part of a primary dwelling unit for the purpose of the density
calculation under this section if the additional dwelling unit:
[1]Â
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
[2]Â
Is located within the primary dwelling unit; by its construction,
does not increase the amount of lot coverage already attributed to
the primary dwelling unit; and is served by the same sewage disposal
system as the primary dwelling unit.
(b)Â
The provisions of this section must be consistent with COMAR
27.01.02.05 and may not be construed to require consideration of an
additional dwelling unit as part of a primary dwelling unit for the
purpose of the density calculation under this subsection.
(3)Â
The following shall apply to commercial, institutional
and industrial facilities in the resource conservation area:
(a)Â
Existing industrial, institutional and commercial facilities, including those directly supporting agriculture, forestry, aquaculture or residential development (not exceeding the density specified in Subsection C of this section] shall be allowed to continue in RCAs.
(b)Â
Additional land in the RCA may not be zoned
for industrial, institutional or commercial development.
(c)Â
New commercial, industrial or institutional
uses in existing structures may be allowed where the underlying zoning
classification permits, provided:
[1]Â
The existing structure or structures housed
a commercial, industrial or institutional use and such commercial,
industrial or institutional use has not been abandoned for more than
one year; and
[2]Â
The proposed new use does not constitute an
intensification or expansion of the preexisting commercial, industrial
or institutional use.
(d)Â
Intensification or expansion of existing industrial, commercial and institutional facilities and uses may be permitted in the RCA by the Planning Commission. A variance, in accordance with Part 7 of this Chapter 14:1, must be granted if such expansion or intensification involves a use which the Planning Commission determines does not conform with the provisions of the Queen Anne's County Critical Area Program and this Chapter 14:1.
(e)Â
Certain nonresidential uses may be permitted
in resource conservation areas if it is first determined by the Department
that the proposed use is one of the following:
[2]Â
The proposed use is a resource utilization use and/or activity, including agriculture, forestry and aquaculture, provided such use or uses comply with the applicable provisions of the Queen Anne's County Critical Area Program, this Chapter 14:1 and other applicable regulations.
[3]Â
The proposed use is a golf course, but not including
main buildings and/or structures, e.g., clubhouse, proshop, etc.
[4]Â
The proposed use is a cemetery that is an accessory
use to an existing church.
[5]Â
The proposed use is a bed-and-breakfast facility
located in an existing residential structure, but not a hotel or motel.
[6]Â
The proposed use is a gun club and skeet-shooting
range or similar use, but not including main buildings and/or structures,
e.g., clubhouse, proshop, etc.
[7]Â
The proposed use is an accessory or supportive
use clearly incidental to an existing industrial and commercial facility,
including those that directly support agriculture, forestry, aquaculture
or residential development and is located wholly within an existing
structure or structures. Any expansion of existing structures may
only be approved with growth allocation.
[8]Â
The proposed use will be completely housed in
an existing building or buildings expressly designed for the proposed
use and use of the building or buildings has not been abandoned for
more than one year.
[9]Â
The proposed use is a water-dependent research
facility or activity operated by state, federal or local agencies,
educational institutions or nonprofit organizations, provided non-water-dependent
facilities or structures are, to the extent possible, located outside
of the Buffer.
[10]Â
The proposed use is a commercial
water-dependent fisheries facility, 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. These uses may be permitted in the Buffer.
[11]Â
The proposed use is a public beach
or other public water-oriented recreation or education use or activity,
including but not limited to publicly owned boat launching and docking
facilities and fishing piers. These uses may be permitted in the Buffer.
[12]Â
The proposed use is a community
marina or other noncommercial boat docking and storage facility.
[15]Â
The proposed use is storage of
fertilizers, chemicals, pesticides or polluting materials or substances
used in conjunction with agriculture which shall be contained to the
extent that any erosion of or runoff from such materials or substances
is prevented, provided such use is clearly incidental to a farm operation.
[16]Â
The proposed use is a sand and
gravel pit, borrow pit, clay pit or other mineral extraction use,
including the processing or compounding of materials composed largely
of such products at the site, but excluding concrete mixing and asphalt
plants.
[17]Â
The proposed use is a private
airstrip for the landowners' personal use which is clearly incidental
and accessory to an existing residential use.
[18]Â
The proposed use is noncommercial
boat building and repair, including motor repair.
[20]Â
The proposed use must be allowed,
by right, under state law in a zoning district that permits detached
single-family dwellings, i.e., homes emphasizing special services,
treatment and care, such as group homes of fewer than nine people
and family day care.
[21]Â
Special events may be permitted in the RCA in the Agricultural and the Countryside zoning classifications in accordance with the provisions of § 18:1-95T and the following additional standards:
[Added 8-13-2013 by Ord. No. 13-02]
[a]Â
All lot coverage pertaining to the special events
activities, including but not limited to temporary structures, temporary
tents and temporary pavement surfaces, must occur outside the buffer
unless the lot coverage existed at the time of conditional use application.
[b]Â
A scaled drawing of the site showing the location of the proposed structures and demonstrating the site requirements in § 18:1-95T for special events, including any temporary structures, temporary tents, and temporary parking surfaces, must be submitted with the conditional use application and annually with the special events zoning certificate required in § 18:1-95T. The scaled drawing must demonstrate how the special event use will minimize impacts to natural resources and protects the defined land uses in RCA found in this chapter.
[c]Â
Provisions pertaining to lot coverage and clearing
limits in the RCA contained in this chapter apply to special event
activities. Special event activities shall be in close proximity to
existing structures and facilities on the property to minimize adverse
impacts to natural resources and are accessory to the principal use
of the property.
[d]Â
Properties 40 acres or less are limited to a maximum
of 20 events per calendar year. Properties greater than 40 acres and
less than 100 acres are limited to a maximum of 25 events per calendar
year. Properties greater than 100 acres are limited to a maximum of
35 events per calendar year. An event has a maximum of two consecutive
days consisting of 48 hours.
(f)Â
Local government projects may be permitted in
resource conservation areas without obtaining growth allocation if
certified by the County Commissioners as being a project of local
significance. A "project of local significance" is defined as a public
project of minor scale which causes environmental or economic consequences
that are largely confined to the immediate area of the parcel of land
on which the development is located, does not substantially affect
the Queen Anne's County Critical Area Program and is not considered
a major development by the Critical Area Commission.
(g)Â
Except as may be provided in Subsections E and F of this section, any additional structures, facilities or uses not directly related to and a part of an existing industrial, commercial or institutional use in terms of location, nature and legal incorporation shall be considered a new use and must be located outside of the RCA.
C.Â
Density.
(1)Â
Land within RCA development areas may be developed
for residential uses at a density not to exceed one dwelling unit
per 20 acres. For purposes of computing site capacity, the underlying
zoning classification shall apply; however, no more than one unit
per 20 acres may be located in an RCA development area unless critical
area transfer of development rights (TDRs) or intrafamily transfers
are used.
(2)Â
In calculating the one-dwelling-unit-per-twenty-acre
density, the area of private tidal wetlands located in the property
may be included, provided the density of development on the upland
portion of the parcel does not exceed one dwelling unit per eight
acres. The area of tidal wetlands must be based on state wetland maps.
(3)Â
When TDRs are used, private tidal wetlands on either
the transferor or the transferee parcel may be included in the density
calculations. The acreage of upland on the transferor parcel shall
not affect the density of development on the transferee parcel.
D.Â
Intrafamily transfers.
(1)Â
BONA FIDE INTRAFAMILY TRANSFER
IMMEDIATE FAMILY
In this subsection, the following words have the meanings
indicated.
A transfer to a member of the owner's immediate family of
a portion of the owner's property for the purpose of establishing
a residence for that family member.
A father, mother, son, daughter, grandfather, grandmother,
grandson, granddaughter.
(4)Â
The Planning Commission may approve the subdivision
of a parcel of land into the number of lots indicated in this subsection,
by means of a bona fide intrafamily transfer, and may not approve
any greater subdivision of the parcel of land or any portion of it.
(5)Â
Lots created pursuant to these provisions shall not
be created for purposes of ultimate commercial sale. A lot created
pursuant to these provisions may not be subsequently conveyed to any
person except:
(6)Â
A parcel that is subdivided by means of a bona fide
intrafamily transfer:
(a)Â
May be transferred only to a member of the owner's
immediate family for the purpose of establishing a residence for that
family member. Only the recipient of a lot through an intrafamily
transfer may request a building permit for a structure on a lot created
through this process. Such a building permit for a residential structure
must be filed with the final subdivision plat creating the lot. For
purposes of this subsection, "immediate family" means father, mother,
son, daughter, grandfather, grandmother, grandson or granddaughter.
(b)Â
May not be rented or leased to any party except
for members of the owner's immediate family.
(c)Â
Must comply with the County Subdivision Regulations.
(d)Â
May not be conveyed subsequently to any person
other than a member of the owner's immediate family (except for a
conveyance to a third party as security for a mortgage or deed of
trust and except for conveyance resulting from court proceedings,
including bankruptcy, divorce, mental competency, probate, foreclosure,
etc., or from the disposition of a will). A variance from this limitation
may be obtained from the Board of Appeals with the applicant showing
that:
[1]Â
The lot was created as part of a bona fide intrafamily
transfer and not with the intent of subdividing the original parcel
of land for the purpose of ultimate commercial sale; and
[2]Â
A change in circumstances has occurred since
the original transfer was made that is not inconsistent with this
section and that warrants an exception, or other circumstances that
are consistent with this section and with the critical area criteria
to maintain land areas necessary to support the protective uses of
agriculture, forestry, open space and natural habitats in RCAs warrant
an exception.
(7)Â
Deeds of transfer shall include a covenant stating that the lot is subject to the provisions of the this Chapter 14:1, as amended. These covenants shall restrict the subsequent transfer or sale of a lot or lots created pursuant to the intrafamily transfer provisions contained herein to a third party who is not a member of the owner's immediate family or a holder of a mortgage or deed of trust on the property, except as provided in this Chapter 14:1.
