[Added 10-14-2003 by Ord. No. 376]
A.
The purpose of the Resource Protection Overlay Zone
is to provide for the protection and conservation of endangered and
threatened animal species and wildlife and fisheries habitat by preventing
development that would disrupt significant species and/or habitat
and ensuring the design of nearby development is done in such a manner
as not to degrade significant species and/or habitat.
B.
Of principal concern is the identified habitat area
for the state and federally listed bog turtle. With regard to the
bog turtle, the goal of this article is to protect, maintain, restore
and improve the hydrological and ecological conditions of the wetlands
in which the bog turtle lives. The hydrology of the bog turtle habitat
is sustained by groundwater and surface water flows. This article
is designed to regulate future land use within the wetlands’
watershed to prevent negative hydrologic impacts to the bog turtle
habitat and to identify and preserve migratory corridors for the species.
This article also delineates areas where development may occur in
compliance with performance standards and where such development does
not materially harm the bog turtle or its habitat.
A.
The Resource Protection Overlay Zone applies to any
area mapped by the Maryland Department of Environment, Maryland Department
of Natural Resources or United States Fish and Wildlife Service as
habitat for any species appearing on the official state or federal
list of endangered or threatened species. The Resource Protection
Overlay Zone shall include a minimum buffer area of 300 feet around
any defined habitat area. In the case of the bog turtle species, the
Overlay Zone shall extend to the limits of the topographic surface
watershed of the identified bog turtle habitat as delineated in the
Bog Turtle Resource Protection Overlay Zone Map kept on file in the
Hampstead Town Offices.
B.
The Overlay Zone is subdivided into four separate
zones as follows:
(1)
Zone 1. This zone is defined as the wetlands which
the bog turtle is known to inhabit, and those wetlands they are likely
to inhabit as shown on the “Bog Turtle Resource Protection Overlay
Zone Map.” The specific boundary of Zone 1 is defined in the
field by determining the wetland boundary using the 1987 Corps of
Engineers Wetland identification and Delineation Manual.
(2)
Zone 2. This zone is defined as a three-hundred-foot
zone measured horizontally from the Zone 1 boundary or the topographic
boundary of the watershed, whichever is less.
(3)
Zone 3. This zone includes the channel of all tributaries
flowing into the Zone I wetlands, including intermittent streams as
shown on the Bog Turtle Resource Protection Overlay Zone Map, located
outside of Zones 1 and 2. Zone 3 also includes a one-hundred-fifty-foot
buffer zone measured horizontally from the top of all perennial stream
channel banks and in all directions from the headwaters of such tributaries
or to the topographic boundary of the watershed, whichever is less
and a one-hundred-foot buffer zone measured horizontally from the
top of all intermittent stream channel banks and in all directions
from the headwaters of such tributaries or to the topographic boundary
of the watershed, whichever is less. Zone 3 also includes all vegetated
wetlands located in the watershed but not in Zone 1 or 2. The specific
boundaries of these wetlands are defined in the field by determining
the wetland boundary using the 1987 Corps of Engineers Wetland Identification
and Delineation Manual.
(4)
Zone 4. This zone is defined as those portions of
the topographic surface watershed which are not included in Zones
1, 2 or 3. Within Zone 4, surface and groundwater are presumed to
flow into the identified bog turtle habitat.
The Resource Protection Overlay Zone shall overlay
the existing zoning districts created by the Zoning Ordinance and
its terms and conditions shall supersede any requirements of said
underlying districts, unless the underlying requirements are more
restrictive than those set forth here, in which case the more restrictive
shall govern.
Any permitted or exceptional uses within the
Resource Protection Overlay Zone shall comply with all adopted federal,
state or local natural resource management plans.
All new structures and changes of use extending
into the Resource Protection Overlay Zone shall require an exceptional
use permit except as otherwise permitted in this chapter. If an exceptional
use permit is required, the Planning and Zoning Commission shall not
approve any preliminary or final subdivision, site plan or change
of use for any property that extends into a Resource Protection Overlay
Zone until such permit has been granted.
A.
Upon the approval of a concept subdivision or site
plan where the area of disturbance or where any change of use extends
into Zones 1, 2 or 3, the Planning and Zoning Commission shall begin
a formal review of the probable effects of the proposed structure
or change in use on significant habitat and species. In determining
whether an adverse impact will occur, the Planning and Zoning Commission
shall consult with representatives of the Maryland Department of Environment,
Maryland Department of Natural Resources and United States Fish and
Wildlife Service and any other such agencies as deemed appropriate
by the Commission.
B.
Where a new structure or change of use is proposed
within Zone 4 the Planning and Zoning Commission may require an exceptional
use permit.
(1)
In determining whether an exceptional use permit shall
be required, the Commission shall consider:
(a)
The size, intensity and type of proposed new
structures or changes in use including the amount of impervious surface.
(b)
The cumulative effect of new structures or changes
in use within the Overlay Zone.
(c)
Specific elements of proposed new structures
or changes in use which present a risk to surface or groundwater including
but not limited to storage and/or use of hazardous materials, fuels,
volatile organic compounds or other such materials.
(d)
The ability of stormwater best management practices as described in § 135-157 to mitigate the hydrological impact from proposed new structures or changes in use.[1]
[1]
Editor’s Note: Former Subsection B(1)(e), regarding
comments from various government agencies, which immediately followed
this subsection, was repealed 2-11-2014 by Ord. No. 503.
C.
Biological survey.
(1)
As part of the preliminary subdivision or site plan
process or change of use, the Commission shall require a biological
survey. The survey shall be prepared by a qualified biologist approved
by the Commission. Report preparation shall be at the applicant’s
expense. The biological survey shall contain the following elements:
(a)
A location map and site plan showing topography
and all existing and proposed structures and roads, and the proposed
project site or sites;
(b)
The method of survey;
(c)
A review and incorporation of any existing biological
assessment or survey.
(d)
A map of the environmentally sensitive species
and/or habitat.
(e)
A description and assessment of potential impacts
of the proposed development on the species and/or habitat;
(f)
A recommendation of mitigation measures which
will reduce those impacts;
(g)
A recommendation of whether the Commission should
find that the concept subdivision, site plan or change of use as submitted
will result in a material adverse impact to the habitat or species
for which the Resource Protection Overlay Zone was established.
(h)
If mitigation measures are recommended, an assessment
of whether such mitigation measures will reduce the impact from the
proposed subdivision, site plan or change of use to a level where
the impact on the species or habitat is not materially adverse.
(2)
The biological survey will be submitted to the Commission
within 90 days of submission of the preliminary site, subdivision
plan or change of use. Copies of the biological survey and the preliminary
site or subdivision plan shall be provided to the Maryland Department
of Environment, Maryland Department of Natural Resources and United
States Fish and Wildlife Service and any other such agencies as deemed
appropriate by the Commission to allow for comment. Within not less
than 45 days or not more than 90 days of the issuance of the biological
survey, the Commission shall convene a meeting to allow public comment
on the biological survey and to approve or deny the exceptional use
permit. All consulted agencies shall receive written notice of the
meeting and the meeting shall be advertised at least once in a newspaper
of general circulation for the area.
D.
An exceptional use permit may be granted by the Commission
only where the Commission finds that the probable effect of the new
structure or change in use will not result in a material adverse impact
on the habitat or species for which the Resource Protection Overlay
Zone was established. The Commission shall consider making compliance
with any recommendations made by commenting agencies and/or any recommendation
found in the biological survey a condition of approval for any site
plan, subdivision or change of use.
A.
In considering approval of an exceptional use permit,
the Commission shall consider the following general performance standards:
(1)
Removal of indigenous vegetation and land disturbance,
such as grading, excavation, paving, and fill, in or within the Overlay
Zone shall be limited to that necessary for the structural improvements
and access. Modifications to the proposal shall be made for siting,
location, design, bulk, vegetation removal, and grading where such
modifications are necessary to prevent a materially adverse impact
on the species and/or habitat.
(2)
Where feasible, the development will use native species
consistent with and found in the Overlay Zone.
(3)
Any commercial or industrial development within the
Overlay Zone will require an integrated pest management plan minimizing
the use of herbicides and pesticides.
B.
The following specific performance standards shall
apply to the zones within the Overlay Zone:
(1)
No work shall be allowed in Zone 1 that will result
in any short-term or long-term adverse impacts to the local population
of the bog turtle.
(2)
No work shall be allowed in Zone 2 that will result
in any short-term or long-term adverse impacts to the local population
of the bog turtle. Work within Zone 2 should be generally limited
to those specific activities which are part of a bog turtle management,
habitat enhancement or restoration plan with following additions:
(a)
Normal maintenance of land in commercial agriculture
without enlargement as to the geographic extent of the commercial
agricultural activity.
(b)
Commercial agriculture use when directly related
to the production or raising of agricultural commodities, provided
such work is done:
(c)
Maintenance and repair of existing fencing.
(d)
Keeping of livestock and management of beehives.
(e)
Restoration and management of riparian zone
vegetation and stream channel restoration projects.
(3)
No work shall be allowed in Zone 3 that results in
any long-term adverse impacts to the local population of the bog turtle.
Work within Zone 3 should be generally limited to those activities
allowed in Zone 2 with the following additions:
(4)
The watershed area of Zone 4 is significant in protecting
and enhancing groundwater quantity and quality, surface water quantity
and quality, and flood control. To provide and protect for these interests,
no work shall be allowed in Zone 4 that does not provide adequate
stormwater management practices through the use of the following best
management practices:
(a)
There will be no increase in peak discharge
for the one-year, two-year or ten-year storm event.
(b)
Infiltration/recharge of stormwater shall be
emphasized as the primary best management practice.
(c)
Ninety percent of the stormwater occurring from
any new impervious surface must be infiltrated/recharged.
(d)
Areas that remain pervious shall be stabilized
with vegetation. Native species found in the Overlay Zone shall be
used for vegetative stabilization where feasible.
(e)
Cuts or trenches that extend below the seasonal
high groundwater elevation shall be analyzed with respect to their
impact on groundwater flows.
A.
The Commission, Council, or any owner or occupant
of neighboring property may institute injunction, mandamus or other
appropriate action or proceeding to prevent or terminate any violation
of this article, and the Circuit Court of Carroll County is hereby
granted jurisdiction to issue restraining orders, temporary or permanent
injunctions, mandamus or other appropriate forms of remedy or relief.
B.
Any violation of this article may be also be prosecuted
as a municipal infraction subject to a fine of $1,000 for each violation.
Each day such a violation is found to exist shall be deemed a separate
offense subject to cumulative fines and other penalties. The remedies
provided for in this section are cumulative and not exclusive and
shall be in addition to any other remedies provided by the law.
