Queen Annes County, MD Article XIV Special Provisions Relating to Development Area Classification and Other Amendments in Critical Area District

§ 14:1-71 Amendments to chapter, development area classifications and critical area boundary.

[Amended 5-21-1999 by Ord. No. 99-02; 10-1-1999 by Ord. No. 99-14]

A. In general. The provisions of this Chapter 14:1, the boundaries of the Critical Area District, the development area classification, i.e., IDA, LDA or RCA, and the Buffer exemption area boundaries may be changed by amendment in accordance with the provisions of this article.. All such amendments shall be approved by the Critical Area Commission.

B. Change of development area classification; mistake or growth allocation. The County Commissioners may from time to time change the development area classification of properties in the critical area where it is demonstrated that a mistake was made in the original designation or when growth allocation is used by the County. When proposing a change of development area classification, i.e., intensely developed area (IDA), limited development area (LDA) or resource conservation area (RCA), other than by changing a classification through the growth allocation process, the County Commissioners shall not approve amendments unless it is found that there was a mistake in the original classification.

C. Change of development area classification; Growth allocation. The County Commissioners may use a portion of the County's growth allocation to amend the development area classification of a property located in the Queen Anne's County critical area. Growth allocation may be used to change the land management classification from RCA to LDA or IDA, or from LDA to IDA without regard to the mistake standard established above.

D. Amendment of critical area; deletion of area. The County Commissioners may from time to time elect to amend the critical area boundary to delete areas of the County from the critical area when it can be demonstrated that the critical area, as mapped on the official area maps, is incorrectly drawn.

E. Amendment of critical area; addition of area. The County Commissioners may from time to time elect to amend the critical area to add areas to the critical area beyond that which is delineated on the Official Critical Area Maps.

F. Addition of Buffer exemption areas. The County Commissioners may from time to time elect to amend the critical area maps to add Buffer exemption areas where it can be demonstrated that the pattern of residential, industrial, commercial or recreational development present as of December 1, 1985, prevents the Buffer from fulfilling its intended purposes.

§ 14:1-72 Amendments to correct error in mapping of critical area boundary.

[Amended 5-21-1999 by Ord. No. 99-02; 10-1-1999 by Ord. No. 99-14]

A. Minimum area required. The critical area boundary as amended to correct a mistake in the Official Critical Area Maps shall, at a minimum, encompass all areas as set forth in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.

B. Required evidence. Evidence sufficient to warrant a determination of a mistakenly drawn critical area boundary shall be based on and substantiated by:

(1) The 1972 State Wetland Maps; or

(2) Newer State Wetland Maps prepared by the state.

C. Approval of Critical Area Commission required. Such amendment shall be approved by the Critical Area Commission.

§ 14:1-73 Amendments to add areas to critical area.

[Amended 5-21-1999 by Ord. No. 99-02; 10-1-1999 by Ord. No. 99-14]

A. Procedure. Addition of areas to the critical area shall be processed as amendments to the Official Critical Area Maps as set forth in § 14:1-74 of this Chapter 14:1.

B. Approval of Critical Area Commission required. Such amendment shall be approved by the Critical Area Commission.

§ 14:1-74 Amendment procedures.

[Amended 10-17-1997 by Ord. No. 97-07; 9-18-1998 by Ord. No. 98-11; 5-21-1999 by Ord. No. 99-02; 10-1-1999 by Ord. No. 99-14]

A. Initiation. Text or map amendments may be initiated by resolution of the Planning Commission, County Commissioners or by a petition of the property owner filed with the County Commissioners.

(1) All petitions filed by property owners for map amendments shall be accompanied by the information required in § 18-1-297 of the Land Use and Development Chapter of the Queen Anne's County Code and a fee prescribed by the County Commissioners.[1]

[1] Editor's Note: See now §  18:1-220.

(2) Any amendment to this Chapter 14:1, including an amendment to the critical area maps, that is proposed by a property owner or group of owners acting as a private citizens' group shall be filed with the office of the Clerk to the County Commissioners, for consideration by the County Commissioners, only during the first five business days in the month of February and the first five business days in the month of August of each calendar year. Map amendment and text amendment petitions will not be accepted by the Clerk to the County Commissioners at any other time during the year. Petitions for map amendments utilizing growth allocation are exempt from this Subsection A(2).

B. Planning Commission; referral, investigation and recommendation. All proposed map and text amendments that are not initiated by the Planning Commission shall be referred to the Planning Commission for investigation and recommendation. The Planning Commission shall first 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 County. In addition, the Planning Commission shall post notice of its public hearing on the property for which the amendments are requested and, to the extent possible, based on the best available information, notify all property owners immediately contiguous to the property of the hearing date, time and place.

C. Planning Commission report and recommendations. The Planning Commission shall forward its report and recommendations to the County Commissioners within 60 days of referral, unless an extension of time is granted by the County Commissioners. The recommendations of the Planning Commission shall include discussion of the matters required to be considered by the County Commissioners.

D. County Commissioner conceptual approval. At their regularly scheduled meeting the County Commissioners shall evaluate the proposed amendment on the basis of the report and recommendations of the Planning Commission and either conceptually approve or disapprove the proposed amendment.

E. Critical Area Commission approval. All proposed amendments that receive conceptual approval by the County Commissioners will be forwarded to the Critical Area Commission for review and approval. If the proposed amendment is approved by the Chesapeake Bay Critical Area Commission, it shall proceed to the County Commissioners for final approval.

F. Final approval by the County Commissioners.

(1) After receiving notification from the Critical Area Commission that the proposed amendment has been approved pursuant to the provisions of § 8-1809 of the Natural Resources Article of the Annotated Code of Maryland, the County Commissioners shall hold a public hearing on the proposed amendment which shall not be more than 90 days after notification of approval by the Critical Area Commission. Such hearing shall allow parties of interest and citizens 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 County.

(2) In addition to other matters pertinent to the proposed amendment, the County Commissioners shall give specific consideration to the following matters:

(a) The purposes set forth in § 8-1800 et seq. of the Natural Resources Article of the Annotated Code of Maryland, the Queen Anne's County Critical Area Program, the Comprehensive Plan and this Chapter 14:1;

(b) The recommendations of the Planning Commission;

(c) The relation of the proposed amendment to the Queen Anne's County Critical Area Program, the Comprehensive Plan, the Growth Subarea Plans; and

(d) The testimony and other evidence presented at the public hearing.

(3) If the Planning Commission has recommended the adoption of an amendment and the County Commissioners propose to adopt an amendment which changes or departs on those recommendations, the proposal of the County Commissioners shall be referred to the Planning Commission, in writing, for its further recommendations and to the Critical Area Commission for review and approval. If such recommendations are not received by the County Commissioners within 90 days after the proposal has been transmitted to the Planning Commission and accepted by the Critical Area Commission, the Commissioners may proceed to take final action without such recommendations.

(4) If the County Commissioners propose to adopt an amendment which is substantially different from both the proposed amendment and the recommendations of the Planning Commission as described in the published notice, a new public hearing shall be held. Notice of such hearing shall include notice of the amendment as proposed by the County Commissioners and any recommendations of the Planning Commission, including those made after any referral required by § 14:1-74F(3).

(5) An amendment shall not be effective until after it is approved by the Critical Area Commission and not until 45 days after approval by the County Commissioners.

G. Map amendments. The Official Critical Area Map(s) will be amended to reflect the new development area designation when the amendment becomes effective.

§ 14:1-75 (Reserved)