New or expanded water-dependent facilities may
be permitted in the Buffer, provided it can be shown that:
A. They are water-dependent;
B. The project meets a recognized private right or public
need;
C. The adverse effects on water quality and fish and
wildlife habitat are minimized;
D. Non-water-dependent structures and operations associated
with water-dependent projects or activities are located outside the
Buffer, insofar as possible; and
E. The facilities satisfy the requirements of §
14:1-34 of this Chapter
14:1.
[Amended 6-5-1998 by Ord. No. 98-05]
A. In addition to the provisions of §
14:1-42 of this Chapter
14:1, new or expanded community marinas and other noncommercial boat docking facilities may be permitted in the Buffer, provided that:
(1) Where a community pier is proposed for a subdivision
finally approved after June 29, 1988, the number of slips shall be
the lesser of:
(a)
One slip for every 50 feet of shoreline in subdivisions
in IDA and LDA development areas and one slip per 300 subdivisions
in RCA development areas; or
(b)
A density of slips to platted lots or dwellings
in the subdivision according to the following schedule:
|
Platted Lots or Dwellings
in the Critical Area
|
Number of Slips
|
---|
|
Up to 15
|
1 for each lot
|
|
16 - 40
|
15 or 75%, whichever is greater
|
|
41 - 100
|
30 or 50%, whichever is greater
|
|
101 - 300
|
50 or 25%, whichever is greater
|
|
Over 300
|
75 or 15%, whichever is greater
|
(2) The Board of Appeals may grant a variance from the provisions of this section in accordance with Part
7 of this Chapter
14:1.
B. Where a community pier is proposed for a subdivision
finally approved after June 29, 1988, the following conditions and
restrictions shall apply:
(1) No food, fuel or other goods and services shall be
offered for sale;
(2) Sanitary facilities shall be provided that meet the
requirements of the Department of the Environment as provided in COMAR
26.04.02;
(3) The community pier shall be for the benefit of the
residents of a platted and recorded subdivision only;
(4) Disturbance to the Buffer is the minimum necessary
to provide a single point of access to the community pier; and
(5) Private piers and launching facilities in the new
subdivision shall be prohibited.
Subject to the provisions of §
14:1-42 of this Chapter
14:1, new, expanded or redeveloped industrial or port related water-dependent facilities may be permitted in Buffer exemption areas within IDA development areas. Otherwise new, expanded or redeveloped industrial or port related water-dependent facilities may not be permitted in the Buffer.
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
and facilities associated with the facility are, to the extent possible,
located outside the Buffer.
Commercial water-dependent fisheries facilities,
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 all development areas.