13.1
Floating and overlay districts. Article III establishes the floating and overlay zoning districts.
A.
Floating districts. A floating district is a district of undetermined
location which may only be placed on the Zoning Map upon petition
of a property owner and not by government initiative. A floating district
may only be applied to a specific property if stated criteria are
satisfied, a finding of compatibility is made and a development plan
is approved for the property.
B.
Overlay districts. An overlay district is established to respond to special features or conditions of a land area, such as historic value, physical characteristics, location, or other circumstances. Overlay districts supplement the requirements of the underlying zoning districts established in Article II. The requirements of the overlay district may supplement or, when specifically stated in the text, replace or provide an alternative to the requirements of the underlying zoning district.
13.2
Districts established. The following overlay and floating districts
are established in this Article.
Table III-1. Overlay Districts
| |
---|---|
AWH
|
Affordable Workforce Housing Floating District
|
CAO
|
Critical Area Overlay District
|
EAO
|
Easton Airport Overlay District
|
GWO
|
Gateway Overlay District
|
HO
|
Historic Overlay District
|
STAR
|
Sustainable Tourism and Reinvestment Floating District
|
VO
|
Village Overlay District
|
13.3
Boundaries.
A.
The boundaries of the overlay and floating districts are as established
on the Official Zoning Map.
B.
Rules for the interpretation of boundaries established in § 190-6.2 also apply to the boundaries of overlay zoning districts.
C.
The boundaries of floating districts must be clearly delineated in
the development plan approved as part of the zoning map amendment
application.
14.1
Purpose and intent.
A.
The Affordable Workforce Housing Floating District is intended to
increase the supply of affordable housing in Talbot County in appropriate
locations near incorporated towns where facilities and services are
most easily accessible.
B.
This district allows flexibility in housing types, design and density.
In exchange for this flexibility, the developer of the AWH District
must ensure that at least 1/2 of the units in the development are
offered at a cost affordable to families earning no more than the
Talbot County median income.
C.
The AWH District is also intended to promote economical and efficient
land use, an improved level of amenities, harmonious physical development,
and creative design consistent with the best interest of the County
and the area in which it is located.
14.2
Procedure and criteria for approval.
A.
The procedure for establishing an AWH Floating District is the same as the procedure set forth in Article VII for amendments to the Official Zoning Maps.
B.
An AWH District may only be approved in areas zoned TR and TC outside
the Chesapeake Bay Critical Area.
C.
A concept plan or plat shall be submitted with the rezoning application.
The plans or plat shall be of sufficient detail to determine if the
development generally complies with the site plan and design standards
for an AWH District.
D.
Additional information. In addition to the concept plan or plat the
following information may be required by the Planning Commission or
County Council after the initial public meeting or public hearing
and prior to a recommendation or decision on the petition:
1.
Building elevations, sections, floor plans and site sections to clearly
define the character of the development.
2.
Landscaping and screening plans showing open spaces, plantings, existing
and proposed tree cover, and recreational facilities and areas.
3.
Existing streets and proposed internal circulation plans for vehicles
and pedestrians.
4.
Information regarding surrounding land uses.
5.
Information regarding the development team, development schedule
and property management plan.
6.
Information and guarantees regarding the development's pricing structure
to meet the affordability requirement.
7.
Specifications and performance bonds for all required site improvements.
E.
The County Council shall make the following findings prior to approving
an AWH District:
1.
The housing development is designed to produce an environment of
stable and desirable residential character;
2.
Public facilities and services will be adequate to accommodate the
development. These public facilities and services include roads, water,
sewer, schools, police and fire protection, and any other facilities
and services deemed appropriate;
3.
Property in the vicinity of the housing development will not be adversely
affected; and
4.
At least 50% of the total dwelling units in the development will
be initially sold to an owner-occupant or rented to a tenant at an
amount affordable to families earning no greater than the County median
income as determined by the Talbot County Council.
14.3
Permitted uses.
A.
Detached single-family dwellings;
B.
Duplex dwellings, attached dwellings and zero lot line dwellings;
C.
Parks, playgrounds, community centers and other noncommercial recreation
and cultural facilities, such as tennis courts, swimming pools, game
rooms, libraries, and the like;
D.
Public uses and buildings;
E.
Family day-care facilities; and
F.
Accessory uses customarily associated with higher-density residential
development, as approved by the Planning Commission.
14.4
Site and design standards.
A.
Minimum total area: 10 acres.
B.
Maximum gross density: up to eight dwelling units per acre, as approved
by the Planning Commission.
C.
Open space. Not less than 20% of the area of an AWH District development,
excluding perimeter setback areas, shall be in community open space.
At least 50% of the open space area shall be designed for active recreation.
E.
All dwelling units shall have access via private internal access
roads and shall not directly access adjacent County or state roads.
F.
Off-street parking requirements shall be determined by the Planning
Commission during site plan review. At a minimum, two spaces shall
be required for each dwelling unit.
G.
Adequate sanitary facilities shall be required for the development.
The water supply system shall also be designed to be adequate for
fire protection needs.
H.
All utilities, including but not limited to electric, cable television
and telephone lines shall be placed underground.
I.
All access roads, parking areas and walkways shall be illuminated
at night. Illumination shall not cast any glare beyond the perimeter
of the development.
J.
Community refuse collection areas shall be screened from public view.
K.
Pedestrian walkways may be required to connect dwellings with parking
areas, community facilities and recreation and open space areas.
L.
Pervious areas within the development shall be kept in grass, lawn
or covered by natural or planted landscape treatment. The planting
of trees to provide shade and screen objectionable views is encouraged.
15.1
Purpose. The purpose of the Critical Area Overlay Zone is to:
A.
Minimize adverse impacts on water quality that result from pollutants
discharged from structures or runoff from surrounding lands;
B.
Conserve fish, wildlife, and plant habitats;
C.
Establish land use policies for development in the Critical Area
that accommodate growth, as well as address the environmental impacts
that the number, movement, and activities of people may have on the
area;
D.
Promote the most environmentally sensitive plans and practices for
development activities in shoreline areas;
E.
Conserve wetlands as natural marine nurseries, filters, and for flood
and erosion control; and
F.
Restore, protect, and cultivate submerged aquatic vegetation beds.
15.2
Establishment of Critical Area.
A.
Maryland Critical Area Act.
1.
In 1984, the Maryland General Assembly enacted the Chesapeake Bay
Critical Area Act in response to growing concern over the decline
of the quality and productivity of the waters of the Chesapeake Bay
and its tributaries.
2.
The General Assembly enacted the Critical Area Act for the following
purposes:
a.
To establish a resource protection program for the Chesapeake
Bay and its tributaries by fostering more sensitive development activity
for certain shoreline areas so as to minimize impacts to water quality
and natural habitats; and
b.
To implement a resource protection program on a cooperative
basis between the state and affected local governments, with local
governments establishing and implementing their programs in a consistent
and uniform manner, subject to state criteria and oversight.
B.
County Critical Area Program.
1.
The County's Critical Area Program became effective on August 13,
1989. The components of the Critical Area Program are the Zoning,
Subdivision, and Land Development Ordinance, the Official Zoning Maps,
and the Talbot County Critical Area Maps.
2.
The Critical Area Overlay District regulates development activities
and resource utilization activities (e.g., agriculture, forestry,
and aquaculture), within the Critical Area. This overlay district
supplements other land use regulations by imposing specific standards
and requirements, as set forth in the Maryland Code, Natural Resource
Article, 8-1801 et seq, and the Code of Maryland Regulations, Title
27 Subtitle 01.
3.
The Critical Area comprises the following lands and waters, as defined
in § 8-1807 of the Natural Resources Article, Annotated
Code of Maryland:
a.
All waters of, and lands under, the Chesapeake Bay and its tributaries
to the head of tide, as indicated on the state wetlands maps, and
all state and private tidal wetlands designated under Title 16 of
the Natural Resources Article, Annotated Code of Maryland;
b.
All land and water areas within 1,000 feet of the landward boundaries
of state or private tidal wetlands and the heads of tides designated
under Title 16 of the Natural Resources Article, Annotated Code of
Maryland; and
c.
Modifications to these areas through inclusions or exclusions
proposed by local jurisdictions and approved by the Critical Area
Commission as specified in § 8-1807 of the Natural Resources
Article, Annotated Code of Maryland.
15.3
Land management designations within the Critical Area.
A.
As required by COMAR, Title 27, the County's adopted Critical Area
Maps divide the Critical Area within Talbot County into three land
management designations, based upon the patterns of land use that
existed on December 1, 1985. These designations are the Resource Conservation
Area (RCA), the Limited Development Area (LDA), and the Intensely
Developed Area (IDA). The boundaries of the land management designations
are shown on the Official Zoning Maps.
B.
Revisions to the Critical Area land management designations must be enacted by the County Council following the procedures for zoning map amendments and Critical Area growth allocation as established in § 190-55.5. Approval by the Maryland Critical Area Commission is required.
C.
Notwithstanding any provision in the County Critical Area program
or the lack of a provision in the County Critical Area program, all
of the requirements of COMAR 27.01 shall apply to and be applied by
the County as minimum standards.
D.
Generally, the purposes of the RCA, LDA, and IDA designations are
to ensure that:
1.
Development shall be limited in the RCA, which shall be chiefly designated
for agriculture, forestry, fisheries activities, and other resource
utilization activities and for habitat protection.
2.
Additional low-intensity development may be permitted in LDAs, but
shall be subject to strict regulation to prevent adverse impacts on
habitat and water quality; and
3.
Intense development should be directed outside of the Critical Area;
however, intense development activities proposed in the Critical Area
shall be directed towards IDAs.
E.
The purposes of this chapter for areas designated as "Resource Conservation
Areas" are to:
1.
Conserve, protect, and enhance the overall ecological values of the
Critical Area, its biological productivity and its diversity;
2.
Provide adequate breeding, feeding, and wintering habitats for those
wildlife populations that require the Chesapeake Bay, its tributary
streams, or coastal habitats in order to sustain populations of those
species;
3.
Conserve the land and water resource base that is necessary to maintain
and support land uses, such as agriculture, forestry, fisheries activities,
and aquaculture; and
4.
Conserve existing developed woodlands and forest for the water quality
benefits that they provide.
F.
The following provisions apply to areas designated as "Limited Development
Areas."
1.
LDAs are areas which are currently developed in low- or moderate-intensity
uses. They also contain areas of natural plant and animal habitats,
and the quality of runoff from these areas has not been substantially
altered or impaired.
2.
The purposes of this chapter for Limited Development Areas are to:
a.
Maintain or, if possible, improve the quality of runoff and
groundwater entering the Chesapeake Bay and its tributary streams;
b.
Maintain, to the extent practical, existing areas of natural
habitat; and
c.
Accommodate additional low- or moderate-intensity development,
if the development conforms to the water quality and habitat protection
criteria.
G.
The following provisions apply to areas designated as "Intensely
Developed Areas."
1.
IDAs are areas where residential, commercial, institutional, and/or
industrial, developed land uses predominate, and where relatively
little natural habitat occurs.
3.
The purposes of this chapter for Intensely Developed Areas are to:
a.
Improve the quality of runoff and groundwater from developed
areas that enter the Chesapeake Bay or its tributary streams;
b.
Accommodate additional development, provided that the water
quality is not impaired;
c.
Minimize the expansion of Intensely Developed Areas into portions
of the Critical Area designated as "habitat protection areas" and
Resource Conservation Areas by the Critical Area Program;
d.
Conserve and enhance fish, wildlife, and plant habitats to the
extent possible; and
e.
Encourage the use of retrofitting measures to address existing
stormwater management problems.
H.
Table III-2 shows the County's base zoning districts that are permissible
within each Critical Area land management designation, based on the
definition of each designation established by the Maryland Critical
Area Law and the criteria above.
Table III-2. Suitable Base Zoning Districts for Critical
Area Land Management Areas
| |||
---|---|---|---|
Base Zoning District
|
RCA
|
LDA
|
IDA
|
Rural Conservation (RC)
|
✓
|
✓1
| |
Rural Residential (RR)
|
✓
| ||
Town Residential (TR)
|
✓
| ||
Village Mixed (VM)
|
✓
|
✓
| |
Village Hamlet (VH)
|
✓
| ||
Village Residential (VR)
|
✓
| ||
Limited Commercial (LC)
|
✓
|
✓
| |
General Commercial (GC)
|
✓
|
✓
| |
Limited Industrial (LI)
|
✓
|
✓
|
NOTE:
| |
1
|
Parcels in the Rural Conservation District with growth allocation
approved to allow a certain use to increase lot coverage. (See § 190-55.5K.)
|
I.
Criteria for location of new LDA and IDA areas.
2.
A new LDA or IDA may only be located within the appropriate base
zoning district as indicated by Table III-2.
3.
The following standards apply to any new or expanded IDA:
a.
A new IDA shall be located within an LDA or adjacent to an existing
IDA. An IDA shall encompass at least 20 acres, except as provided
in Subsection I.3.b below.
b.
A new IDA may be less than 20 acres only if:
i.
The area is served by public sewer;
ii.
The proposed IDA would be for the purpose of allowing land uses
consistent with Comprehensive Plan goals;
iii.
The Comprehensive Plan land use policies for the particular
location support development with density or intensity suitable for
an IDA;
iv.
The IDA would have overall economic benefit for the community;
and
v.
The IDA designation will support the established character of
a community and provide for suitable infill and redevelopment.
4.
The following standards apply to any new or expanded LDA:
a.
LDAs should be located in areas conforming to at least one of
the following criteria:
i.
Housing density ranging from one dwelling unit per five acres
up to four dwelling units per acre;
ii.
Areas not dominated by agriculture, wetland, forest, barren
land, surface water, or open space;
iii.
Areas with characteristics suitable for an IDA, but having less
than 20 acres; or
iv.
Areas having public sewer, public water, or both.
b.
A new LDA shall be adjacent to an existing LDA or an existing
IDA except as provided in Subsection I.4.c below.
c.
A new LDA may be located nonadjacent to an existing LDA or IDA
only if:
i.
The proposed revision would be for the purpose of allowing land
uses consistent with Comprehensive Plan goals;
ii.
The Comprehensive Plan land use policies for the particular
location support development with density or intensity suitable for
an IDA or LDA;
iii.
The area would have overall economic benefit for the community;
and
iv.
The area designation will support the established character
of a community and provide for suitable infill and redevelopment.
6.
If a new LDA or IDA is in a Resource Conservation Area (RCA), locate
it at least 300 feet beyond the landward edge of tidal wetlands or
tidal waters, unless alternative measures for enhancement of water
quality and habitat that provide greater benefits to the resources
are approved by the Critical Area Commission.
7.
A majority of the County's Critical Area lands for which growth allocation
is planned are currently classified Resource Conservation Areas. No
more than 50% of the County's growth allocation may be utilized on
lands located in the Resource Conservation Area (RCA), unless the
following standards are met:
[Amended 5-28-2019 by Bill No. 1411]
a.
Any development will be served by public sewer;
b.
The area is located in a priority funding area or municipal
growth area;
c.
Development is consistent with the County Comprehensive Plan;
d.
The development will have an overall economic benefit to the
community, or implements a specific goal, objective or policy of the
Comprehensive Plan.
e.
Development
shall be clustered.
J.
Comprehensive or sectional zoning map amendment.
1.
Applicability.
a.
The procedures in this section shall govern the County's reclassification
of Critical Area land management designations in the County when the
reclassifications occur through the County's comprehensive or sectional
map amendment process.
2.
3.
The County Council shall consider each of the following factors in
reclassifying Critical Area land management designations from less
intense to more intense land management designations:
a.
Consistency with the County's adopted Comprehensive Plan and
whether the reclassified Critical Area land management designations
would implement the goals and objectives of the adopted plan;
b.
Consistency with state and regional environmental protection
policies concerning the protection of threatened and endangered species
and species in the need of conservation;
c.
Impacts on a priority preservation area, as defined under § 2-518
of the Agricultural Article;
d.
Environmental impacts associated with location in coastal hazard
area or an increased risk of severe flooding;
f.
Whether the area is to be served by a public wastewater system
or septic system that uses the best available nitrogen removal technology;
and
g.
For a new IDA, whether the area will:
i.
Have an allowed average density of at least 3.5 units per acre,
as calculated under § 5-7B-03(h) of the State Finance and
Procurement Article;
ii.
If a new IDA that is greater than 20 acres, be located in a
priority funding area, as described under §§ 5-7B-02(1)
and 5-7B-03 of the State Finance and Procurement Article; and
iii.
Have a demonstrable economic benefit to the area.
4.
If the comprehensive or sectional map amendment reclassifies the
Critical Area land management designations from more intense land
management designations to RCA, the County Council shall consider
how the characteristics of the land reclassified to RCA is consistent
with the purposes listed under § 190-15.3.E.
5.
In addition to the above, all comprehensive or sectional map amendments
shall include the following documentation:
a.
A description of the Critical Area land change for all parcels;
b.
Zoning maps of the existing and proposed Critical Area land
designations;
d.
A table with the:
i.
Proposed Critical Area land designation change;
ii.
Talbot County Map ID Number;
iii.
Tax Map and Parcel Number;
iv.
Existing land use of each parcel;
v.
Total parcel acreage;
vi.
Total parcel acreage in the Critical Area; and
vii.
Total parcel acreage of the proposed Critical Area land destination
change.
6.
Calculating growth allocation.
a.
The total acres reclassified to a more intense designation shall
be deducted from the County's growth allocation allotment.
b.
Five percent of the area reclassified from a more intense designation
to RCA may be added to the County's available acreage that may be
used for growth allocation in unincorporated areas of the County or
through supplemental growth allocation.
7.
Such comprehensive or section amendments, if approved by the County
Council, shall comply with § 190-55.1.D and E, describing
the process for approval by the Chesapeake Bay Critical Area Commission.
15.4
Requirements applicable throughout the Critical Area.
A.
Prohibited uses. The following uses are prohibited in the Critical
Area.
1.
Non-maritime heavy industry;
2.
Transportation facilities and utility transmission facilities, except
those necessary to serve permitted uses, or where regional or interstate
facilities must cross tidal waters. Utility transmission facilities
do not include power plants;
3.
Permanent sludge handling, storage, and disposal facilities, except
those facilities associated with current wastewater treatment operations
in Talbot County, and except the agricultural or horticultural land
applications of sludge (with Maryland State approvals and approved
application methods and rates) outside of the Shoreline Development
Buffer;
4.
Solid or hazardous waste collection or disposal facilities;
5.
Sanitary landfills;
6.
Septage storage or holding facilities, except facilities on the site
of a Talbot County wastewater treatment plant; and
7.
Boathouses and floating residences.
B.
Stormwater management. Facilities for treatment of stormwater within
the Critical Area shall not serve development outside of the Critical
Area.
C.
Tributary stream management. All development activities that cross
or affect streams shall be prohibited unless there is no feasible
alternative. If no alternative exists, development activities that
cross or affect a stream 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 stream beds; and
4.
Minimize adverse water quality and quantity impacts of stormwater.
15.5
Requirements specific to the RCA.
15.6
Requirements specific to the RCA and LDA. The following development
standards apply within areas designated as RCA (Resource Conservation
Area) or LDA (Limited Development Area).
A.
Forest and developed woodland standards. The following requirements
apply to all development activity.
1.
A forest preservation plan (§ 190-15.9.B) is required to
address these forest planting and preservation requirements.
2.
Existing forests and developed woodlands in habitat protection areas
shall be protected.
3.
The following standards shall apply to the removal of existing forest
or developed woodland:
a.
The removal of any existing forest or developed woodland shall
be limited to 20% of the forest on any parcel.
b.
The remaining 80% shall be protected and maintained through
fee title donation, conservation easements, cooperative agreements
with landowners and/or special provisions in forest management plans.
The Planning Director shall approve the delineation of the area to
be protected and the protection method.
c.
Any natural vegetation, forest or developed woodland that has
been removed shall be replaced on a not-less-than-equal-area basis,
with the same species or a species appropriate to the site. Preferred
location for replacement shall be on-site and adjacent to existing
woods, streams or other natural habitat.
d.
An additional 10% of any forest or developed woodland may be
removed from forest use, provided that the replacement forest shall
be 1.5 times the entire area of the forest or developed woodland being
removed, including the first 20%.
e.
Except for lots less than one acre as provided in Subsection A.3.f below, clearing more than 30% of any forest or developed woodland is prohibited unless authorized under a variance. See § 190-58 for variance procedures. Lots less than one acre are exempt from clearing limits.
[Amended 5-28-2019 by Bill No. 1411]
f.
Legal
lots of record in existence as of December 1, 1985, that are less
than one acre may clear more than 30% of the forest and developed
woodland on site, provided that:
[Added 5-28-2019 by Bill No. 1411[2]]
i.
Clearing more than 30% and less than 50% will be mitigated at 1.5
times the entire area of forest or developed woodland cleared; or
ii.
Clearing 50% or greater will be mitigated at two times the entire
area of forest or developed woodland cleared.
[2]
Editor's Note: This bill also redesignated former Subsection
A.3.f. through i. as Subsection A.3.g. through j.
g.
A fee-in-lieu shall be provided to the County, sufficient to
ensure the restoration or establishment of an equivalent forest area,
if the area of the site precludes the implementation of Subsection
A.3.c, d and f above. The amount of the fee shall be determined in
the fee schedule adopted by the County Council.
[Amended 5-28-2019 by Bill No. 1411]
h.
Surety shall be provided by the property owners or developers
in an amount acceptable to the Talbot County Council that will be
suitable to assure satisfactory forest replacement as required in
Subsection A.3.c and d above.
i.
The Planning Director may require approval of an erosion and
sediment control plan for the project prior to approving a forest
preservation plan.
j.
Any vegetation removed before obtaining required permits, or
any forest area removed that exceeds the maximum allowed in Subsection
A.3.a and d above, shall be replaced at three times the area of forest
removed.
4.
Afforestation is required when development occurs on an unforested
or partially forested (less than 15% forested) parcel or lot existing
as of August 13, 1989. The lot shall be planted to provide a forest
or developed woodland cover of at least 15%. The preferred location
for plantings shall be within the Shoreline Development Buffer, then
adjacent to streams, woods or other natural features. The afforestation
areas shall be shown on a forest preservation plan.
B.
Steep slopes. Development on slopes equal to or greater than 15%,
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 purposes of the RCA and LDA (§ 190-15.3.E
and F).
C.
Lot coverage.
1.
15% limit throughout RCA and LDA. Lot coverage in the RCA and LDA
is limited to no more than 15% of a parcel or lot. There are limited
exceptions to this lot coverage limitation for lots of one acre or
smaller, as provided in Subsection C.4 below. Lot coverage shall be
calculated separately for the area in the RCA and the area in the
LDA, so that the 15% limit is met for each land use designation.
2.
15% limit for certain subdivisions. If an individual lot one acre
or less in size is part of a subdivision approved after December 1,
1985, the total lot coverage for the entire subdivision may not exceed
15%, and the lot coverage of an individual lot may not exceed 40%.
3.
Lot coverage in the Shoreline Development Buffer. Within the Shoreline
Development Buffer, there is no allowable, by right, lot coverage.
Increases in lot coverage may be allowed based upon certain allowances
for:
4.
Exceptions to 15% lot coverage limit.
a.
Additional lot coverage in the LDA is permitted if official
documentation (plats, deed records) demonstrates that the lot existed
on December 1, 1985. Lot coverage for such lots shall be limited as
shown in Table III-3.
Table III-3.
Lot Coverage Limits for Lots Existing in the LDA on December
1, 1985
| |||
---|---|---|---|
Column A
Permitted Lot Coverage
|
Column B
Higher Maximum Lot Coverage With Planning Director Approval1
| ||
Lot Size
|
Maximum Lot Coverage
|
Lot Size
(square feet)
|
Maximum Lot Coverage
|
21,780 square feet (1/2 acre) or less
|
25%
|
0 to 8,000
|
25% of parcel plus 500 square feet
|
8,001 to 21,780
|
31.25% of parcel
| ||
Greater than 1/2 acre and less than 1 acre
|
15%
|
21,781 to 36,300
|
5,445 square feet
|
36,301 to 43,560
|
No increase over 15%
| ||
1 acre or greater
|
15%
|
N/A
|
N/A
|
NOTE:
| |
1
|
See criteria for approval in Subsection B.4.b of this section.
|
b.
The Planning Director may approve the greater lot coverage as
indicated in Column B of Table III-3 based upon findings that the
following criteria are satisfied:
i.
New lot coverage on the property has been minimized; and
ii.
Water quality impacts associated with runoff from the new development
activities that contribute to lot coverage will be minimized through
site design considerations or use of best management practices; and
iii.
If Subsection C.4.b.ii cannot be achieved, the property owner
performs on-site mitigation as required by the Planning Director to
offset potential adverse water quality impacts from the new development
activities that contribute to lot coverage.
5.
Lots impacted by 2008 revisions to impervious surface limits. A lot or parcel not in compliance with the lot coverage requirements, but legally developed as of July 1, 2008, in accordance with the impervious surface requirements in effect at the time of construction, is legally nonconforming for purposes of lot coverage requirements. See Article VI for nonconforming structure provisions.
6.
Lots impacted by 2014 Zoning Map amendments. If adoption of the Official
Zoning Maps of Talbot County, Maryland, increases the Critical Area
on a lot of record existing as of October 11, 2014, the following
lot coverage limitations shall apply to that lot:
a.
Lots greater than 1/2 acre: lot coverage may not exceed 15%
of the total lot area located within the Critical Area.
b.
Lots 1/2 acre or less: lot coverage may not exceed 40% of the
total lot area located within the Critical Area.
c.
Nonconforming lots: a legally developed lot subject to this
Subsection C.6 that exceeds the percentage of lot coverage in Subsection
C.6.a or b above, prior to October 11, 2014, shall be treated as a
legally nonconforming lot for purposes of lot coverage requirements.
Figure III-1 illustrates examples of this category of lots.
Figure III-1: Examples of Lot Coverage for Lots Developed
Prior to October 11, 2014[3]
|
[3]
Editor’s Note: With the permission of the County a notation
referencing Bill No. 1294 was removed from this figure.
15.7
Requirements specific to the IDA. The following requirements apply
within areas designated as an IDA (intensely developed area).
A.
All permeable ground surfaces shall be established in vegetation.
B.
Stormwater management plans shall comply with the Maryland Chesapeake
and Atlantic Coastal Bays Critical Area 10% Rule Guidance - Fall 2003
(the 10% Rule Guidance) and as subsequently amended.
1.
Redevelopment and new development proposals in the IDA shall demonstrate
use of best management practices for stormwater management that assure
a 10% reduction of predevelopment pollutant loadings. This demonstration
shall be based on methodologies agreed on by the County and the Critical
Area Commission.
2.
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.
C.
Forest preservation plans (§ 190-15.9.B) shall comply with
the following criteria:
1.
Forest and developed woodland resources shall be enhanced through
techniques such as urban forestry (street tree plantings, gardens,
landscaping, open land buffer plantings);
2.
Destruction of forest and woodland vegetation shall be minimized;
and
3.
Existing forests and developed woodlands in habitat protection areas
shall be protected.
15.8
Agricultural uses. Permitted agricultural uses in all portions of
the Critical Area shall be conducted in accord with the following
provisions:
A.
Best management practices.
1.
Agricultural activity within the Critical Area shall utilize best
management practices (BMPs) by having in place and implementing:
2.
The BMPs implemented within the Critical Area shall include the following:
a.
Farming activities, including the grazing of livestock, shall
not disturb stream banks, tidal shorelines, or other habitat protection
areas; and
b.
The feeding or watering of livestock may not occur within 50
feet of the mean highwater line of tidal water and edge of tidal wetlands,
and of tributary streams, whichever is further inland.
B.
New agricultural lands. The creation of new agricultural lands shall
not be accomplished by:
1.
Diking, draining, or filling of any class or subclass of palustrine
wetlands as described in the State Critical Area Program that are
seasonally flooded, unless mitigation is accomplished in accordance
with applicable state and County regulations;
2.
Clearing forests or woodlands with soils having a slope greater than
15%; or on soils with a K-value greater than 0.35 and slope greater
than 5%;
3.
Clearing vegetation that will adversely affect water quality or will
destroy plant and wildlife habitats; or
4.
The clearing of existing natural vegetation within the Shoreline
Development Buffer.
C.
Vegetated filter strip. Agricultural activities are permitted in
the Shoreline Development Buffer, provided that, as a minimum best
management practice, a vegetated filter strip conforming to the following
standards is provided:
1.
The filter strip shall be at least 25 feet wide, measured landward
from the mean high-water line of tidal water, edge of tidal wetlands,
and edge of tributary streams (excluding drainage ditches), whichever
is further inland.
2.
If the average slope of the strip is greater than 6% (measured from
the water's edge to the landward edge of the strip, along a line perpendicular
to the water), then the strip shall be expanded in four-foot increments
for each 1% of slope over 6%.
3.
The filter strip shall be composed of either trees with a dense ground
cover, a dense ground cover with suitable native shrubs and grasses,
or a thick sod of grass, and shall be managed so as to provide water
quality benefits and habitat protection consistent with the Shoreline
Development Buffer purposes.
4.
Invasive species and noxious weeds that occur in the filter strip,
including Johnson grass, Canada thistle, and multiflora rose, may
be controlled by authorized means.
5.
The filter strips shall be maintained until such time as the landowner
is implementing, under an approved Soil Conservation and Water Quality
Plan, a program of best management practices for the specific purposes
of improving water quality and protecting plant and wildlife habitat;
and provided that the portion of the Soil Conservation and Water Quality
Plan being implemented achieves the water quality and habitat protection
objectives of the filter strip.
15.9
Forests, developed woodlands and trees.
A.
Purposes and required plans.
1.
Development in the Critical Area is to be designed to:
a.
Maintain and increase the forested vegetation of the Critical
Area.
b.
Conserve forests and developed woodlands and provide for expansion
of forested areas;
c.
Minimize the removal of trees associated with development activities,
and provide for mitigation where appropriate;
d.
Recognize that forests are a protective land use to be managed
to maintain the maximum values for wildlife, water quality, timber,
recreation, and other resources, recognizing that, in some cases,
these uses may be mutually exclusive.
3.
Table III-4 lists the approvals required for different types of forestry
and tree maintenance activities in the Critical Area. The Department
of Planning and Zoning shall decide if removal of trees is permitted,
and what type of plan is required, based on considerations including,
but not limited to the following:
4.
Types of plans that may be required within the Critical Area but
outside the Shoreline Development Buffer include:
a.
Critical Area timber harvest plans, required for commercial
harvesting of trees;
b.
Forest preservation plans, required when forests or developed
woodlands are to be cleared; when multiple trees are to be removed
from within a forest or developed woodland; or afforestation is required;
and
c.
Property maintenance permits, required for removal of invasive
or noxious vegetation, removal of individual trees, and horticultural
practices.
5.
Within the Shoreline Development Buffer, a buffer management plan is required for removal or planting of vegetation. (See § 190-15.12.)
6.
For any activity not listed in Table III-4, the Planning Director
shall determine if the activity is permitted and what type of plan
or permit is required.
Table III-4. Critical Area Forestry Activity Approvals
| ||
---|---|---|
Activity
|
Plan or Permit Required
| |
Outside the Shoreline Development Buffer
| ||
a.
|
All timber harvesting occurring within any one-year interval
and affecting one or more acres in forests and/or developed woodland
|
Critical Area timber harvest plan and forest preservation plan
|
b.
|
Development activity that results in the cutting or clearing
of any portion of a forest or developed woodland or individual trees
|
Forest preservation plan or property maintenance permit
|
c.
|
Development activity resulting in required tree planting, forest establishment or mitigation under any provision of the Critical Area Overlay District, § 190-15
|
Forest preservation plan
|
d.
|
The removal of individual trees for valid reasons other than
accommodating development activity
|
Forest preservation plan or property maintenance permit
|
e.
|
Removal of individual trees that are in danger of falling and
causing damage to dwellings or other structures, or that are in danger
of falling and therefore causing the blockage of streams, or resulting
in accelerated shore erosion
|
Forest preservation plan or property maintenance permit
|
f.
|
Horticultural practices, including thinning, necessary to maintain
the health of individual trees, or removal of trees that are dead,
diseased or damaged from natural causes and are unlikely to survive
|
Forest preservation plan or property maintenance permit
|
g.
|
Other cutting techniques which may be undertaken under the advice
and guidance of the Maryland Departments of Agriculture and Natural
Resources, if necessary to preserve the forest from extensive pest
or disease infestation or threat from fire
|
Forest preservation plan or property maintenance permit
|
h.
|
Removal of invasive species or noxious vegetation, including
Johnson grass, Canada thistle, and multiflora rose
|
Property maintenance permit
|
Within the Shoreline Development Buffer
| ||
i.
|
All timber harvesting regardless of the area affected
|
Critical Area timber harvest plan, buffer management plan
|
j.
|
Development activity, subdivision, change in use, clearing or
installing vegetation for any purpose
|
B.
Forest preservation plans.
1.
When required. A forest preservation plan is required for tree removal
or planting within the Critical Area and outside of the Shoreline
Development Buffer.
2.
Preparation; submittal; decision.
a.
The Planning Director shall publish an application form and
a checklist of required information for forest preservation plans.
b.
At a minimum, the forest preservation plan shall show existing
vegetation, vegetation proposed to be removed, proposed planting,
including the size, species and location of all plantings and proposed
planting dates.
c.
The Planning Director may require that a forest preservation
plan be prepared by a registered professional forester or other qualified
professional.
d.
The application shall be filed with and decided by the Department
of Planning and Zoning.
3.
Implementation and maintenance.
a.
A forest preservation plan shall include either of the following:
i.
A time period for implementing the plan and provisions for a
final inspection by the County, after which the plan will be certified
complete; or
ii.
Provisions for removal of invasive species and/or maintenance
of natural vegetation for a period of up to five years, including
provisions for annual inspection by the County.
b.
Approval of a forest preservation plan authorizes the current
property owner to maintain the approved area or activity in accordance
with the plan, without any requirement for reapplication or re-approval.
C.
Property maintenance permits.
1.
A property maintenance permit is required for removal of invasive
or noxious vegetation, removal of individual trees and horticultural
practices within the Critical Area and outside the Shoreline Development
Buffer.
2.
The Planning Director shall publish an application form and checklist
of required information for property maintenance permits.
3.
The application shall be filed with and decided by the Department
of Planning and Zoning.
D.
Critical Area timber harvest plans.
1.
Procedures.
a.
The plan shall be prepared by a registered professional forester
or the Maryland Forest Service.
b.
The plan shall be submitted to the Talbot County Forest Conservancy
District Board and, upon approval, to the Talbot County Soil Conservation
District.
c.
Upon approval by the Talbot County Soil Conservation District,
the plan shall be forwarded to the Planning Office, accompanied by
an application for approval of a forest preservation plan. The Department
of Planning and Zoning shall approve the forest preservation plan,
provided it is consistent with the applicable requirements for the
Critical Area Land Management Area and with the approved timber harvest
plan.
2.
Requirements for timber harvesting in the Critical Area. All Critical
Area timber harvesting plans shall:
a.
Include measures to protect surface water and groundwater quality;
b.
Identify whether the activities will disturb or affect habitat
protection areas and incorporate protection measures for these areas;
and
c.
Provide for the continuity of habitat through forest management
techniques, including scheduling, size, timing and intensity of harvest
cuts, afforestation and reforestation.
3.
Requirements for timber harvesting within the Shoreline Development
Buffer.
a.
Cutting or clearing of trees within the Shoreline Development
Buffer is prohibited, except that commercial harvesting of trees may
be permitted in the portion of the buffer more than 50 feet from the
mean high-water line of tidal water and edge of wetlands, and more
than 50 feet from tributary streams. Such harvesting shall allow the
selective cutting of any species or clear cutting of loblolly pine
and tulip poplar trees.
b.
Commercial harvesting shall not be permitted within those portions
of the Shoreline Development Buffer located in the following habitat
protection areas:
c.
For harvest activities within the Shoreline Development Buffer,
the timber harvest plan shall also insure that:
i.
Disturbance to stream banks and shorelines is avoided;
ii.
The area disturbed or cut will be replanted or allowed to regenerate
in a manner that assures the availability of cover and breeding sites
for wildlife, and reestablishes the wildlife corridor function of
the Shoreline Development Buffer; and
iii.
The cutting does not involve the creation of logging roads and
skid trails within the Shoreline Development Buffer.
4.
Erosion and sediment control plan.
a.
For any timber harvest that will disturb an area of 5,000 square
feet or more, including harvesting of trees on agricultural lands,
an erosion and sediment control plan shall be submitted to the Soil
Conservation District. This plan is also required for any harvests
which cross tidal streams.
b.
This plan shall be developed according to the state guidelines
entitled "Standard Erosion and Sediment Control Plan for Harvest Operations."
5.
Implementation and enforcement. Harvest operations shall be implemented
in accordance with specifications set out by the Maryland Department
of Natural Resources. The County will enforce the timber harvest plan.
15.10
Habitat protection areas; habitat protection plans.
A.
Habitat protection areas.
1.
As established in COMAR Title 27, habitat protection areas are the
following: the Shoreline Development Buffer, nontidal wetlands, habitats
of species in need of conservation, threatened and endangered species,
plant and wildlife habitat areas, and anadromous fish propagation
waters.
2.
Development and redevelopment activities shall be subject to the
requirements of this section to avoid disturbance to habitat protection
areas. 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.
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 the United
States Fish and Wildlife Service (USFWS), for comment and technical
advice.
B.
Habitat protection plans.
1.
A habitat protection plan is required when a proposed subdivision
would affect any of the habitat protection areas described in Subsection
D, E, F or G below.
2.
The Planning Director may require a habitat protection plan for types
of development activity other than subdivisions.
3.
A habitat protection plan shall be prepared by a professional biologist,
ecologist, or other professional qualified to prepare such plans.
4.
The habitat protection plan shall show how the development activity
will meet the purposes and specific requirements for each type of
habitat protection area set forth in the individual habitat protection
area sections below.
C.
Roads, bridges and utilities.
1.
Roads, bridges, and utilities are prohibited in any habitat protection
area unless no feasible alternative exists.
2.
If authorized, all roads, bridges, and utilities that must cross
a habitat protection area shall be located, designed, constructed,
and maintained so as to provide maximum erosion protection, minimize
negative impacts to wildlife, aquatic life and their habitats, and
maintain hydrologic processes and water quality.
D.
Nontidal wetlands.
1.
A permit shall be obtained from the Maryland Department of the Environment
for any activity regulated under COMAR 26.23 (Nontidal Wetlands) that
is proposed as part of a development activity in or within 25 feet
of nontidal wetlands.
2.
A minimum twenty-five-foot buffer around nontidal wetlands shall
be maintained. Regulated activities within nontidal wetlands and their
buffers authorized by a permit or letter of exemption from the Maryland
Department of the Environment, and development activities that do
not require a permit or letter of exemption from the Maryland Department
of the Environment, are not subject to this requirement.
3.
Nontidal wetlands and a twenty-five-foot buffer shall be shown on
all required plans and plats, including, but not limited to, concept
plans, subdivision plans, forest preservation plans, buffer management
plans and site plans.
E.
Threatened and endangered species; species in need of protection
or conservation.
1.
Purpose. The purpose of this section is to provide protection for
threatened and endangered species, for species in need of conservation,
and for the habitats of these species in the Critical Area.
2.
Species.
a.
Species protected under this section include, but are not necessarily
limited to, the Bald Eagle, Delmarva Fox Squirrel, and the Sedge Wren.
b.
As part of the habitat protection plan, the applicant shall
coordinate with the appropriate state and federal agencies (Department
of Natural Resources, United States Fish and Wildlife Services, etc.)
to identify any threatened and endangered species and species in need
of conservation that might be affected by the proposed development
activity, and to identify protection and management mechanisms.
3.
Requirements. The habitat protection plan shall include measures
to protect threatened and endangered species and species in need of
conservation. These measures shall include:
a.
Designation of protection areas around the habitats of the species;
and
b.
A program for protecting the habitats of the species which may
include, but is not limited to areas or periods of restricted access
or activity, conservation easements, cooperative agreements with landowners,
special provisions in forest preservation plans, buffer management
plans, soil conservation and water quality plans, soil erosion and
sediment control plans, or other plans.
F.
Plant and wildlife habitat areas.
1.
Purpose. The purpose of this section is to:
a.
Conserve wildlife habitat in the Critical Area;
b.
Protect those wildlife habitats that tend to be least abundant,
or which may become so in the future if current land use trends continue;
c.
Protect those wildlife habitat types which are required to support
the continued presence of various species; and
d.
Protect natural heritage areas.
2.
Plant and wildlife habitat areas. Plant and wildlife habitat areas
include:
a.
Colonial waterbird nesting sites;
b.
Historic waterfowl staging and concentration areas in tidal
waters, tributary streams or tidal and nontidal wetlands;
c.
Riparian forests (for example, those relatively mature forests
of at least 300 feet in width which occur adjacent to streams, wetlands,
or the bay shoreline and which are documented breeding areas);
d.
Forest areas utilized as breeding areas by forest interior dwelling
birds and other wildlife species (for example relatively mature forested
areas within the Critical Area of 50 acres or more or forest connected
with such areas).
e.
Natural heritage areas;
f.
Other areas which may in the future be identified by state and
federal agencies as important plant or wildlife habitat areas;
g.
Other plant and wildlife habitats determined to be of local
significance because they contain species uncommon or of limited occurrence
in the County, or because the species are found in unusually high
concentrations; and
h.
Nontidal wetlands.
3.
Requirements. The habitat protection plan shall include measures
to protect and enhance plant and wildlife habitat areas. These measures
shall include:
a.
Buffer areas for colonial water bird nesting sites. Protect
these areas from development activities and from disturbance in the
breeding season.
b.
Locate new water-dependent facilities so as to prevent disturbance
to sites of significance to wildlife such as historic, aquatic staging
and concentration areas for waterfowl.
c.
Protect and conserve forested areas required to support plant
and wildlife species. (See A Guide to the Conservation of Forest Interior
Dwelling Birds in the Chesapeake Bay Critical Area, dated June 2000,
and as may be subsequently amended.) Management measures may include,
but are not limited to:
d.
Provide effective connections between wildlife habitat areas.
e.
Protect by appropriate means locally significant plant and wildlife
habitats.
f.
Protect natural heritage areas from alteration due to development
activities or cutting or clearing so that the structure and species
composition of the areas are maintained.
g.
Incorporate plants with high benefit to wildlife into development.
G.
Anadromous fish propagation waters.
1.
Purpose. The purposes of this section are to:
a.
Protect the in-stream and streambank habitat of anadromous fish
propagation waters;
b.
Promote land use policies and practices in the watershed of
spawning streams that minimize the adverse impacts of development
on the water quality of the streams; and
c.
Provide for the unobstructed movement of spawning and larval
forms of anadromous fish in streams.
2.
Identification of waters. Bodies of water that have been identified
as spawning areas in Talbot County are identified by the Maryland
Department of Natural Resources.
3.
Requirements.
a.
Unobstructed movement in streams shall be provided for spawning
and larval forms of anadromous fish. The construction or placement
of dams or other structures that would interfere with or prevent the
movement of spawning fish or larval forms in streams shall be prohibited.
The removal of existing barriers shall be accomplished wherever possible.
b.
The construction, repair, or maintenance activities associated
with bridges or other stream crossings, or with utilities and roads,
which involve disturbance of the Shoreline Development Buffer or which
occur in streams with identified spawning areas, shall be prohibited
between March 1 and June 15.
c.
The installation or introduction of concrete riprap or other
artificial surfaces onto the bottom of natural streams shall be prohibited,
unless it can be demonstrated that installation of such surfaces improves
water quality and fisheries habitat.
d.
Channelization or other physical alteration that may change
the course or circulation of a stream and thereby interfere with the
movement of fish shall be prohibited.
e.
Construction of shore-based facilities (such as marinas), dredging,
filling, and construction of jetties or bulkheads shall not be allowed
in areas of established submerged aquatic vegetation within spawning
waters.
H.
1.
The Shoreline Development Buffer is intended to consist of naturally
vegetated areas, or areas to be established in vegetation, that are
managed to protect aquatic, shoreline, wetland, and terrestrial environments
from human-made disturbances.
2.
In order to accomplish this intent, the Shoreline Development Buffer
generally prohibits new development, requires protection of naturally
vegetated areas, and requires mitigation whenever natural vegetation
is disturbed or new development occurs.
3.
The location and width of the Shoreline Development Buffer is determined
by COMAR, § 27.01.09.01.E. This area is established for
each lot or parcel based upon the criteria given in § 190-15.11.B
below.
15.11
Shoreline Development Buffer (also referred to as the "Buffer").
A.
Purpose. The Shoreline Development Buffer is a habitat protection
area that shall be established and managed to achieve or enhance the
following functions:
1.
Remove or reduce the sediments, nutrients, and potentially harmful
or toxic substances in runoff entering the Chesapeake Bay and its
tributary streams;
2.
Minimize the adverse effects of human activities on wetlands, shorelines,
stream banks, tidal waters, and aquatic resources;
3.
Maintain an area of transitional habitat between aquatic and upland
ecological communities;
4.
Maintain the natural environment of streams;
5.
Protect riparian wildlife habitat; and
6.
Maintain natural vegetation.
B.
Measurement.
1.
The Shoreline Development Buffer shall be measured based on existing
field conditions from the landward edge of the mean high-water line
of tidal waters, the edge of each bank of a tributary stream, and
the upland boundary of a tidal wetland.
2.
The Shoreline Development Buffer shall be:
a.
When within the RCA and measured from the edge of mean high
water or tidal wetlands:
i.
At least 200 feet wide for subdivisions and site plans submitted
after July 1, 2008, excluding, for subdivisions only, one parent parcel,
which shall be subject to Subsection B.1.a.ii below;
ii.
At least 100 feet wide for all parent parcels, lots legally
created prior to July 1, 2008, or lots for which subdivision plans
were submitted before July 1, 2008, and final plats were recorded
on or before July 1, 2010;
b.
At least 100 feet wide for lots within the LDA or IDA; and
c.
At least 100 feet wide from the edge of tributary streams.
3.
Reduction of Buffer.[4]
a.
The 200-foot Shoreline Development Buffer may be reduced if
the strict application of the minimum 200-foot Buffer would preclude:
b.
The reduced Buffer should be the minimum necessary to accommodate
a dwelling and a sewage reserve area, as determined by the Planning
Director, but no less than 100 feet.
[4]
Editor’s Note: With the permission of the County the
organization of this subsection was changed to provide additional
clarity.
4.
A Buffer expansion shall be required, beyond the minimum 100-foot
or 200-foot Shoreline Development Buffer, to include and extend beyond
contiguous sensitive areas, such as soils with slopes 15% or greater,
hydric soils, or highly erodible soils.
5.
The Buffer shall be expanded for slopes of 15% or greater (steep slopes) in accordance with the following. Also see "Buffer Expansion" as defined in Article IX.
a.
If a steep slope is contained completely within the Buffer,
Buffer expansion is required only to provide a Buffer of at least
25 feet from the top of the slope.
b.
If a steep slope is partially within or contiguous to the Buffer,
the Buffer shall be expanded four feet for every 1% of slope beyond
the required Buffer, or 25 feet from the top of the slope, whichever
is greater in extent, except as provided in Subsection B.5.c below.
c.
The Planning Commission may approve a Buffer expansion limited
to 25 feet from the top of the slope, even if greater expansion would
be required based on the Subsection B.5.b above, if the Planning Commission
determines that the slope has one or more of the following characteristics:
i.
Steep slopes less than 10 feet in width, such as agricultural
ditches;
ii.
Steep slopes that are isolated and less than 10,000 square feet
in area, irrespective of property lines;
iii.
Steep slopes with width of less than 25 feet where
the slope crosses the 100-foot Buffer boundary; or
iv.
Similar characteristics exist that result in a narrow and/or
isolated area of steep slopes.
6.
The following criteria shall be used to measure the expanded Buffer
for highly erodible soils or hydric soils contiguous to the Buffer:
a.
For a nontidal wetland of special state concern, expand the
Buffer to include the upland boundary of the wetland and its regulated
100-foot Buffer;
b.
For other nontidal wetlands, expand the Buffer to include the
upland boundary of the nontidal wetland;
c.
For highly erodible soils or hydric soils with a slope of 5%
or greater, expand the Buffer to the lesser of the landward edge or
300 feet, including the Buffer width required under Subsection B.2
above.
7.
If the Buffer is contiguous to hydric or highly erodible soils on
a slope less than 15%, and the Buffer is on a lot created before January
1, 2010, development activity may be approved in the expanded Buffer
if:
a.
The development activity is in the expanded portion of the Buffer,
but not in the Buffer required under Subsection B.2 above;
b.
The Buffer occupies at least 75% of the lot or parcel; 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.
8.
In Modified Buffer Areas, under certain conditions, Shoreline Development
Buffer setbacks may vary in accordance with provisions set forth in § 190-15.11.H.
C.
Maintaining the Shoreline Development Buffer.
1.
The Buffer shall be maintained in natural vegetation and managed
to achieve or enhance the functions stated in Subsection A above.
2.
New development activities, including structures, fences, roads,
parking areas and other impervious surfaces, mining and related facilities,
or septic systems, are not permitted in the Shoreline Development
Buffer, except for those necessarily associated with water-dependent
facilities or individual private piers.
3.
Lot coverage in the Buffer may not exceed the minimum amount necessary
for water-dependent facilities, regardless of the Critical Area classification
or the size of the parcel or lot, except:
4.
Cutting, clearing, and removal of existing vegetation, including
understory trees, shrubs and ground cover within the Buffer is prohibited
except as authorized by a Buffer Management Plan.
5.
Existing areas of public access to the shoreline, such as footpaths,
scenic drives, and other public recreational facilities, shall be
maintained, with new facilities encouraged in the IDA.
6.
7.
Normal and customary maintenance of lawns located in the Shoreline
Development Buffer may continue until approval of a development activity
requiring a buffer management plan.
D.
Shoreline Buffer establishment.
1.
Shoreline Buffer establishment requirements apply to:
a.
Development or redevelopment activity on a lot that includes
a Buffer to tidal waters, a tidal wetland, or a tributary stream if
the development or redevelopment activity is located outside the Buffer;
and
b.
A subdivision that includes a Buffer to tidal waters, a tidal
wetland, or a tributary stream.
2.
When the Shoreline Development Buffer is not fully forested or fully
established in existing, naturally occurring woody or wetland vegetation,
an applicant shall establish the Buffer to the extent required in
Table III-5.
3.
The required Buffer establishment area shall be:
a.
Calculated as the linear length of the tidal shoreline times
the depth of the Buffer (including required Buffer expansion);
b.
Reduced by the area within the Buffer of existing naturally
occurring wetland or woody vegetation or forest; and
c.
Reduced by the lot coverage which existed in the Buffer before
December 1, 1989.
4.
Buffer establishment is not required for:
6.
When the establishment requirement is based on the total square footage
of lot coverage located outside of the Buffer:
a.
At least 50% of the Buffer establishment requirement shall be
located within the first 100 feet and the remainder of the requirement
may be within 300 feet (as measured landward from the edge of tidal
waters or the upland boundary of tidal wetlands).
[Amended 5-28-2019 by Bill No. 1411]
b.
At least half of the canopy and understory tree requirement
shall be located within the 100-foot Buffer and in accordance with
Table III-8.
Table III-5. Shoreline Development Buffer Establishment
Requirements
| ||
---|---|---|
Development Category
|
Lot Created Before 8-13-1989
|
Lot Created After 8-13-1989
|
Development on a vacant lot
|
Establish an area of the Buffer equal to the 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 an area of the Buffer equal to the 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
| |
Construction of an addition, accessory structure, or redevelopment
|
Establish an area of the Buffer equal to the net square footage
increase in lot coverage outside the Buffer
| |
Substantial alteration to an existing structure
|
Establish an area of the Buffer equal to the total square footage
of lot coverage outside the Buffer
|
c.
Plantings shall be located in a manner that provides water quality
and habitat benefits, and the County-approved Buffer Management Plan
shall include appropriate measures for the protection and the maintenance
of the entire area planted, including those areas planted outside
of the Shoreline Development Buffer.
[Added 5-28-2019 by Bill No. 1411]
E.
Buffer mitigation. Mitigation is required when existing vegetation
in the Buffer is disturbed in accordance with the following standards:
1.
Mitigation for development or redevelopment activity in the Buffer
or for the removal of an individual tree, developed woodland, or forest
shall be calculated:
3.
Mitigation for removal of a dead tree: the affected area shall be
stabilized with native groundcover or other native vegetation as necessary.
4.
Planting priorities.
a.
Whenever feasible, mitigation planting shall be provided on-site
within the Shoreline Development Buffer.
b.
If mitigation planting cannot be located on-site within the
Buffer because of site constraints, planting shall be required in
the following order of priority:
i.
On-site and adjacent to the Buffer;
ii.
On-site elsewhere in the Critical Area;
iii.
If no feasible on-site alternative exists, payment
of a fee-in-lieu in accordance with the fee schedule adopted by the
County Council; and
iv.
With Critical Area Commission concurrence, off-site planting
in the buffer.
c.
Off-site mitigation planting shall include easements or other
means of ensuring long-term protection for the mitigation area.
5.
Minimum mitigation ratios. Table III-6 establishes the required minimum
mitigation ratios.
6.
Deduction for prior lot coverage. An applicant may deduct from the
total mitigation requirement an area of lot coverage removed from
the Buffer if:
a.
The lot coverage existed prior to December 1, 1989; and
b.
The total area is stabilized.
Table III-6.
Minimum Planting Mitigation Ratios in the Shoreline Development
Buffer
| ||
---|---|---|
Activity
|
Minimum Mitigation Ratio
| |
Permanent Disturbance
|
Temporary Disturbance
| |
Septic system on a lot created before August 13, 1989, if located
in existing grass or if clearing is not required
|
Not applicable
|
0
|
Septic system in a forest or developed woodland on a lot created
before August 13, 1989, if clearing is required
|
1:1
|
Not applicable
|
Shore erosion control if clearing or grading is required
|
1:1
|
1:1
|
Riparian water access
|
2:1
|
1:1
|
Development or redevelopment of a water-dependent facility
|
2:1
|
1:1
|
Variance
|
3:1
|
1:1
|
Violation
|
4:1
|
Not applicable
|
F.
Planting requirements for buffer establishment and mitigation.
1.
Buffer management plan required. A buffer management plan is required for Buffer establishment or mitigation in accordance with § 190-15.12.
2.
Buffer planting and required forest planting. Any lands within the
Shoreline Development Buffer where forest is established for Buffer
establishment may be credited towards plantings required under § 190-15.9.A,
forest and developed woodland standards.
3.
Required plantings for buffer mitigation. A buffer management plan
may include a combination of plantings for Buffer mitigation in accordance
with Table III-7:
Table III-7. Buffer Mitigation Planting Requirements
| |
---|---|
Total Area of Required Mitigation Plantings
(acres)
|
Options
|
Less than 1
|
Landscaping stock according to Table III-8 for the entire area
|
1 or greater
|
At least 50% of area in landscaping stock according to Table
III-9, with the remainder in small nursery stock according to Table
III-10
|
4.
Required plantings for buffer establishment. A buffer management
plan may authorize a combination of plantings and natural regeneration
for Buffer establishment in accordance with Table III-8.[5]
Table III-8. Buffer Establishment Planting Requirements
| |
---|---|
Total Establishment Requirement
(acres)
|
Options
|
Less than 1/4
|
Landscaping stock according to Table III-9 for the entire area
|
1/4 to 1
|
At least 25% landscaping stock (Table III-9) with the remainder
a combination of small nursery stock (Table III-10) or natural regeneration
(§ 190-15.12.G below)
|
Greater than 1
|
At least 10% landscaping stock (Table III-9) with the remainder
a combination of small nursery stock (Table III-10) or natural regeneration
(§ 190-15.12.G below)
|
[5]
Editor’s Note: At the direction of the County, the incorrect
reference to “Table III-7” was corrected to read “Table
III-8.”
5.
Landscaping stock.
a.
Where Buffer establishment or mitigation is provided with landscaping
stock, the planting credits in Table III-9 shall be applied for the
type and size of the vegetation.
b.
All landscaping stock shall be guaranteed for at least two years
after planting is completed.
Table III-9. Planting Credits for Landscaping Stock
| |||
---|---|---|---|
Vegetation Type
|
Minimum Size Eligible for Credit
|
Maximum Credit Allowed
(square feet)
|
Maximum Percent of Landscape Stock Credit
|
Canopy tree
|
2-inch caliper
|
200
|
Not applicable
|
Canopy tree
|
3/4-inch caliper
|
100
|
Not applicable
|
Understory tree
|
3/4-inch caliper
|
75
|
Not applicable
|
Large shrub
|
3 feet high
|
50
|
30
|
Small shrub
|
18 inches high
|
25
|
20
|
Herbaceous perennial
|
1 quart or based on the area covered by plugs or seed mix
|
2
|
10
|
Planting cluster for Buffer establishment or mitigation of less
than 1/2 acre
|
1 canopy tree; and 3 large shrubs or 6 small shrubs of sizes
listed above
|
300
|
Not applicable
|
Planting cluster for Buffer establishment or mitigation of less
than 1/2 acre
|
2 understory trees; and 3 large shrubs or 6 small shrubs of
sizes listed above
|
350
|
Not applicable
|
6.
Small nursery stock. Where Buffer establishment or mitigation is
provided with small nursery stock, as allowed by Tables III-7 and
III-8, the planting credits in Table III-10 shall be applied for the
size of the trees at planting.
Table III-10. Planting Credits for Small Nursery Stock
| |||
---|---|---|---|
Stock Size of Trees Only
|
Required Stems Per Acre
|
Survivability Requirement
|
Minimum Financial Assurance Period After Planting
(years)
|
Bare-root seedling or whip
|
700
|
50%
|
5
|
1/2-inch to 1-inch container grown trees
|
450
|
75%
|
2
|
More than 1-inch container grown trees
|
350
|
90%
|
2
|
7.
Natural regeneration. Where natural regeneration is used as a component
of Buffer establishment:
a.
The natural regeneration area shall not include any new managed
lawn or turf;
b.
The natural regeneration area must be within 300 feet of a mature
forest of at least one acre that contains a seed bank of native species
adequate for natural regeneration;
c.
The buffer management plan shall include a natural regeneration
component in compliance with § 190-15.12.G; and;
d.
The reporting and inspection requirements of § 190-15.12.G
shall be followed to ensure the success of the natural regeneration
component.
8.
Increased proportion of shrubs and perennials. The percentage of
shrubs or herbaceous perennials required by Table III-9, for the landscape
stock component of Buffer establishment or mitigation, may be increased:
[Amended 5-28-2019 by Bill No. 1411]
a.
If the Buffer has existing canopy coverage of at least 50%;
or
b.
If site constraints preclude canopy planting, including severely
eroding slopes, salt water intrusion, predominately sandy soils, or
unconsolidated fill; or
c.
To allow Buffer planting in shrubs and herbaceous perennials,
rather than trees, within an area no wider than 15 feet located immediately
adjacent to a marsh creation.
G.
Plan and permit approval.
1.
No waiver or variance may be granted to the planting and mitigation
standards of this section.
2.
A final subdivision application shall not be approved until the required
buffer management plan is approved.
3.
A use and occupancy permit for a site that includes land in the Shoreline
Development Buffer shall not be issued until the applicant:
a.
Completes the planting required under an approved buffer management
plan; or
4.
Before final plat recordation or approval of a site plan for a multifamily,
commercial, industrial, or institutional use, an applicant shall post
permanent signs delineating the upland boundary of the Buffer at a
ratio of at least one sign per lot or per 200 linear feet of shoreline,
whichever is applicable. Each sign shall:
5.
Concurrent with the recordation of a final plat, an applicant shall
record an easement or similar instrument for a buffer management plan.
H.
Modified Buffer Area.
1.
Purposes.
a.
Modified Buffer Areas are portions of the Shoreline Development
Buffer where patterns of development that existed as of December 1,
1989, prevent the Shoreline Development Buffer from fulfilling its
natural functions. In such areas special regulations apply to accommodate
limited use of shoreline areas while protecting water quality and
wildlife habitat to the extent possible, and providing for mitigation
measures where encroachment of the Shoreline Development Buffer takes
place.
b.
In Modified Buffer Areas, certain types of development activities
are permitted to encroach into the Shoreline Development Buffer without
the need for a variance.
c.
The Shoreline Development Buffer requirements remain in effect
for the depth of the buffer as specified in § 190-15.11.B.
Only the requirements specified in this § 190-15.11.H are
modified.
2.
Establishment.
a.
Modified Buffer Areas shall be designated by the County Council
pursuant to the authority granted to the County by COMAR § 27.01.09.01.
Any creation of or revision to a Modified Buffer Area boundary also
requires approval by the Maryland Critical Area Commission.
b.
Creation of or revision to Modified Buffer Areas shall be submitted and heard following the procedures for County Council applications for amendments to the Official Zoning Maps in Article VII of this chapter.
c.
A request for individual property reclassification may not be
considered, with the exception of commercial, institutional, or industrial
sites, or those properties adjacent to an existing mapped Modified
Buffer Area.
3.
Standards for decision. The Council shall decide whether to grant
approval based on the following findings and standards with respect
to the community in which the mapping amendment is requested:
a.
That existing patterns of residential, commercial, industrial
and institutional development prevent the Shoreline Development Buffer
from fulfilling its functions for water quality protection and conservation
of wildlife habitat;
b.
That the lots in the proposed Modified Buffer Area were created
prior to August 13, 1989;
c.
That the primary structures in the proposed Modified Buffer
Area are located within the Shoreline Development Buffer;
d.
That other development activities (i.e., accessory structures,
access roads, septic systems, riprap and bulkheading, etc.) impact
the Shoreline Development Buffer; and
e.
That the Shoreline Development Buffer does not contain forest
cover.
4.
Applicability. The requirements in Subsection H.5 below apply to
the following structures and uses in Modified Buffer Areas:
a.
The construction of a primary dwelling or a primary structure;
b.
The reconstruction, conversion, structural alteration, relocation
or enlargement of, or attachment to, any primary dwelling or existing
primary structure located on a lot of record as of August 13, 1989,
and:
c.
Accessory structures.
5.
Requirements.
a.
Residential:
i.
The encroachment into the Shoreline Development Buffer for any
structure on an infill lot may be reduced to the average shoreward
development setback of all existing primary structures within the
community as depicted on the Official Zoning Maps.
ii.
New structures and other development activities shall be designed
to minimize encroachment into the Shoreline Development Buffer, and
in no case shall they be closer than 50 feet to mean high water, edge
of tidal wetlands or tributary streams.
b.
Nonresidential:
i.
New commercial, industrial, or institutional uses shall not
be located closer than 50 feet to mean high water except for water-dependent
activities.
ii.
New, nonresidential accessory structures and impervious surfaces
shall not extend closer to the water than 50 feet except for water-dependent
activities.
c.
Habitat protection areas. Development and redevelopment may
not impact any habitat protection areas other than the Modified Buffer
Area.
d.
Natural vegetation. Natural vegetation shall not be removed
in the Modified Buffer Area except that required by the proposed construction.
e.
Lot coverage. The total lot coverage of the Critical Area portion
of the site shall be in compliance with the applicable standards of § 190-15.6.C.
f.
Mitigation. Development activity in a Modified Buffer Area shall
be mitigated as follows:
i.
The extent of the lot or parcel shoreward of the proposed development
shall be required to remain in natural vegetation, or shall be established
and maintained in vegetation, in accordance with § 190-15.11.D,
E and F and per Subsection H.5.f.ii below.
ii.
Mitigation equal to an area two times the square footage of
the proposed lot coverage in the Shoreline Development Buffer area
will be required to be planted within the Shoreline Development Buffer.
Should on-site planting of required vegetation be precluded, an off-site
Shoreline Development Buffer location may be established. The applicant
shall be responsible for filing a buffer management plan with the
Planning Office.
iii.
Should the on-site or off-site Shoreline Development
Buffer locations preclude the implementation of the preceding subsection,
a fee-in-lieu shall be provided to the County adequate to ensure the
restoration or establishment of an equivalent forest area in the Shoreline
Development Buffer. The amount of the fee is established in the schedule
of fees adopted by the County Council.
g.
New lots. New lots created within Modified Buffer Areas are
subject to full compliance with all development requirements as set
forth in this chapter, including those for the Shoreline Development
Buffer.
h.
Administrative appeals. When granting permission to allow construction
in the Shoreline Development Buffer as the result of an administrative
appeal or variance, the Board of Appeals must find that the proposed
construction meets the criteria set forth in this section for Modified
Buffer Areas and may impose such conditions and restrictions as are
deemed necessary to mitigate any potential adverse impacts upon adjacent
properties, the Shoreline Development Buffer, and habitat protection
areas.
15.12
Buffer management plans.
A.
When required.
1.
A buffer management plan is required for establishment of the Buffer
or disturbance to the Buffer resulting from the issuance of a:
2.
A permit or approval of a development activity will not be issued
for a property that is the subject of a violation due to failure to
apply for or comply with a buffer management plan.
3.
A buffer management plan is not required for maintenance of an existing
grass lawn or an existing garden in the Buffer.
B.
Application.
2.
The Planning Director may require that a buffer management plan be
prepared by a registered professional forester or other qualified
professional.
3.
The application shall be filed with the Department of Planning and
Zoning and decided by the Planning Director.
4.
All buffer management plans shall also be in accordance with COMAR
27.01.09.01-3.
C.
Standards for approval. A buffer management plan shall:
1.
Establish appropriate measures for the protection and maintenance
of the Buffer;
2.
Prohibit the installation or cultivation of new lawn or turf in the
Buffer;
3.
Ensure planting in compliance with the amounts specified in § 190-15.11.D,
E and F;
4.
Ensure coverage of the Buffer with mulch or native ground cover or
both until Buffer plantings are established; and
5.
Ensure plantings are distributed throughout the Buffer to provide
optimum habitat and water quality benefits.
D.
Simplified buffer management plan.
1.
A simplified buffer management plan is required for:
a.
Providing access up to three feet wide to a private pier or
shoreline that is up to three feet wide;
b.
Manually removing invasive or noxious vegetation;
c.
Filling to maintain an existing grass lawn;
d.
Managing storm damage;
e.
Repairing or replacing a septic system; or
f.
Except for an emergency situation under Subsection D.2 below,
cutting up to five dead, diseased, dying, invasive, or hazardous trees.
2.
If cutting a tree in the Buffer is immediately necessary because
of an emergency situation, the applicant shall submit a simplified
buffer management plan to the Department of Planning and Zoning at
the earliest possible time after the tree has been cut.
E.
Minor buffer management plan. A minor buffer management plan is required
for:
F.
G.
Natural regeneration component of buffer management plan.
1.
Where natural regeneration is a component of Buffer establishment,
the buffer management plan shall include a component including the
required items for natural regeneration on the application form and
checklist published by the Planning Office.
a.
The natural regeneration component shall also be in accordance
with COMAR 27.01.09.01-4.
b.
The financial assurance for implementing the buffer management
plan:
i.
Must be sufficient to cover the cost of planting an area equivalent
to the area of proposed natural regeneration; and
ii.
Specifies that release of the financial assurance may not occur
until the later of five years after the date of plan approval or when
the natural regeneration area contains at least 300 native woody stems,
on a per acre basis, that are at least four feet tall.
2.
Report, inspection, and release of financial assurance.
a.
Five years after the date of approval of a buffer management
plan that includes natural regeneration, the applicant shall submit
to the Department of Planning and Zoning a report that contains:
b.
If the natural regeneration area does not contain at least 300
native woody stems on a per acre basis that are at least four feet
tall, the applicant shall implement a supplemental planting plan for
two years.
c.
Upon expiration of the 2-year supplemental planting term, the
applicant shall submit to the Department of Planning and Zoning an
updated report as described in Subsection G.2.a above.
3.
At any time, if the Planning Director determines that natural regeneration
is not likely in the time anticipated in the buffer management plan
and that applicant is no longer available to complete performance
of the buffer management plan, the County may use the financial assurance
to implement the plan.
15.13
Shoreline stabilization measures.
A.
Plan required.
1.
A shore erosion protection works plan shall be prepared when measures
are proposed to protect eroding portions of the shoreline. Improvements
to protect property against erosion shall consist of nonstructural
shoreline stabilization measures that preserve the natural environment,
such as marsh creation, except in areas:
a.
Designated by Maryland Department of the Environment (MDE) maps
as appropriate for structural shoreline stabilization measures; or
b.
Where MDE determines that nonstructural measures are not feasible,
including areas of excessive erosion, areas subject to heavy tides,
and areas too narrow for effective use of nonstructural shoreline
stabilization measures.
2.
For purposes of this section, the terms "structural" and "nonstructural"
shall be determined by the MDE.
3.
For shoreline stabilization measures that will disturb an area of
5,000 square feet or more an erosion and sediment control plan shall
be submitted to the Soil Conservation District.
B.
Preparation and submittal.
1.
A zoning certificate from the Office of Permits and Inspections is
required prior to construction of shore erosion control measures.
2.
The shore erosion control plan shall be submitted to the Office of
Permits and Inspections with the zoning certificate application. The
Department of Planning and Zoning shall review the shore erosion control
plan and supporting information for compliance with this section.
3.
The plan shall include:
a.
A copy of all relevant, federal and state permits, including,
but not limited to, those approvals by MDE and the U.S. Army Corps
of Engineers.
b.
Specifications for the proposed shore erosion protection, including
information on the design storm, calculated wave run-up, required
stone weight, and other information required for review by Talbot
County, MDE and/or the U.S. Army Corps of Engineers.
c.
Any other information necessary for review of the plan in relation
to the criteria in this Code to include, but not be limited to, erosion
and sediment control plan, stormwater management plan, floodplain
management compliance, impacts to historical property or sites, environmental
impacts to wildlife or aquatic habitats and oyster bars.
d.
Buffer management plan delineating existing vegetative cover
that would be removed and how it would be mitigated. Shore erosion
control requiring grading or clearing shall be mitigated at a ratio
of 1:1.
e.
Location and quantity of fill materials.
f.
Plans for restoration of disturbed area.
g.
Copy of review comments from the Critical Area Commission.
C.
Criteria for plans. The following criteria shall be used in developing
and reviewing shore erosion control plans. These criteria shall be
applied based on the written determination from MDE as to whether
the project is structural or nonstructural:
1.
Use structural control measures only when nonstructural control measures
would be impractical or ineffective;
2.
Where structural erosion control is proposed, use measures that best
provide for conservation of fish and plant habitat;
3.
Use nonstructural measures in areas of erosion where they would be
a practical and effective method of erosion control;
4.
Structural erosion measures are not to be encouraged in areas where
no significant erosion occurs;
5.
If significant alterations in the characteristics of a shoreline
occur, the measure that best fits the change may be used for sites
in that area; and
6.
Habitat enhancement practices, such as dredge fill and marsh creation,
are encouraged.
15.14
Water-dependent facilities.
A.
Uses included. As indicated in Table IV-1, Land Uses, the following
uses, which use water for transportation and derive economic benefits
from shore access, may be allowed:
B.
Additional regulations. For the above uses, in addition to the specific requirements for the uses in Article IV and, where applicable, the findings and requirements for special exceptions in Article VII, the following regulations apply which the approving authority shall review as part of the development plan or special exception:
1.
Required findings. The following findings must be made:
a.
The request is consistent with the intent and purpose of the
Maryland Chesapeake Bay Critical Area Law;
b.
The activity shall have minimal individual and cumulative impact
on water quality and fish, wildlife, and plant habitat in the Critical
Area through design and location criteria;
c.
The activity shall be water-dependent;
d.
The project shall meet a recognized private right or public
need;
e.
Non-water-dependent structures or operations associated with
water-dependent projects or activities shall be located outside the
Buffer with sufficient area provided for these associated structures
or operations.
2.
Requirements. The following requirements must be met:
a.
The activity shall not alter existing water circulation patterns
or salinity regimes;
b.
The activity shall maintain or improve the flushing characteristics
of the water body adjacent to the activity;
c.
Wetlands, submerged aquatic plant beds, or other areas of important
aquatic habitats shall not be disturbed except for approved research
projects;
d.
The operation procedures shall preclude any adverse impacts
to water quality that may occur as a result of the activity, such
as non-point-source runoff, sewage discharge from land activities
or vessels, or from boat cleaning and maintenance operations;
e.
The operation procedures shall ensure that shellfish beds will
not be disturbed or be made subject to discharge that will render
them unsuitable for harvesting;
f.
The construction procedures shall ensure that dredging will
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;
g.
The construction procedures shall ensure that dredged spoil
will not be placed within the Shoreline Development Buffer or elsewhere
in a habitat protection area except as necessary for:
h.
Interference with the natural transport of sand shall be minimized.
15.15
Usable water area; harbor line; lateral lines. Prior to the
construction of any pier, wharf, dock, marina or water-dependent facility,
the usable water area shall be determined. The usable water area is
the maximum water area that may be used for piers, pilings, buoys,
and other such facilities, including open areas for navigation, and
is the area bounded by the mean high-water line of a subject property,
two side property line extensions, referred to as "lateral lines,"
and a line connecting their channelward ends, referred to as the "harbor
line."
A.
Determination of the harbor line.
1.
The length of each lateral line extension for the purposes of location
of the harbor line and any point along the line connecting their channelward
ends shall be limited to the lesser of:
2.
In the event of conflict between the location of the harbor line
through the method prescribed in Subsection A.1.a, b or c above, and
the location of any U.S. Army Corps of Engineers recognized channel,
the most restrictive line shall apply for purposes of limiting construction.
B.
Determination of the lateral line extension. The direction of a lateral
line extension channelward from the mean high-water line shall be
determined through the following method, which is illustrated in Figure
III-2.
1.
Prepare a scale drawing showing the applicant's property and all
adjacent waterfront properties within a minimum two-hundred-foot radius
of the shoreline owned by the applicant. (A larger radius may be required
when lot sizes and configuration so dictate.) (See Figure III-2.)
2.
Locate the shoreline (mean high water) and harbor lines on the drawing.
The harbor line shall be located as prescribed in Subsection A above.
3.
Identify the intersection of all property lines with the shoreline
(Points A, B, C, D, E, and F on Figure A).
4.
From the applicant's property line shoreline intersections (Points
D and E on Figure A) identify the intersection at a two-hundred-foot
radius with the shoreline (Points 1 and 2 on Figure A).
5.
From the applicant's property, connect all property line shoreline
points, ending at Points 1 and 2 with straight lines (i.e., D to C,
C to B, B to 1, and E to 2 on Figure A).
6.
Bisect each respective angle formed by these straight lines and extend
the lines bisecting the angle from the shoreline to the harbor line.
These are lateral lines (B-G, C-H, D-I, E-J on Figure A).
C.
Usable water area conditions. The usable water area for the purposes
of defining setbacks for structures, as defined by lateral lines,
shoreline, and harbor line, shall meet the following conditions:
1.
If a pair of lateral lines extended to the harbor line result in
a distance of 25 feet or more on the harbor line (lines G-H, H-I,
I-J), the lateral lines are satisfactory, and define the usable water
area.
2.
If any pair of lateral lines, extended, intersect before reaching
the harbor line, or when extended in a harbor line segment (G-H, H-I,
I-J, Figure A) of less than 25 feet, an imaginary line shall be moved
toward the shoreline and parallel to line D-E, (Figure A) until a
twenty-five-foot clearance is obtained (line N-O, Figure B).
3.
Two additional lateral lines N-P and O-Q will be drawn perpendicular
to line N-O to the harbor line. The lines D-N-P, E-O-Q are the new
lateral lines for the applicant's parcel and the adjoining properties.
For all amended lateral lines, construction will be limited to the
area enclosed by the shoreline, the lateral lines (D-N, O-E) and the
imaginary clearance line N-O (Figure B). This procedure will ensure
adequate clearance for adjacent piers. These new lateral lines, the
harbor line and the shoreline define the usable water area for the
applicant.
16.1
Purpose.
A.
The purpose of the Easton Airport Overlay District is to prevent
structures, towers, trees, temporary structures, or other objects
from constituting hazards or obstructions to aircraft operating to,
from, or in the vicinity of the Easton Airport.
B.
The purpose of the larger area defining the proximity of the airport
is to inform residents and businesses undertaking development activity
about the presence of the airport.
16.3
Airport obstruction zone.
A.
The airport obstruction zone is the area within which notification
of proposed construction or alterations must be submitted to the FAA
pursuant to the Code of Federal Regulations (CFR) Title 14 Part 77, § 77.9.
B.
The Department of Planning and Zoning shall produce, publish and
make available for public review, maps identifying the airport obstruction
zone for the Easton Airport.
1.
The Department of Planning and Zoning shall work with the Easton
Airport Manager and may seek assistance from the Maryland Aviation
Administration in mapping the airport obstruction zone.
2.
The Easton Airport Overlay District should include all airport obstruction
zones and may encompass a larger area to account for possible future
airport expansion or revisions to flight paths that may alter the
airport obstruction zones.
16.4
Plan review. Prior to giving zoning approval for any proposed construction
activity or alteration in the Easton Airport Overlay District the
Planning Director shall:
A.
Consider the comments of the manager of the Easton Airport with respect
to the effects of the proposed construction activity on airspace used
by aircraft operating to, from, or in the vicinity of the Easton Airport.
B.
Determine whether the construction activity or alteration is located
within an airport obstruction zone.
C.
If the proposed project is located within an airport obstruction
zone, County staff shall instruct the applicant to do the following:
D.
The Department of Planning and Zoning shall:
16.5
Notification.
A.
Subdivision plats and site plans for land in the proximity of the
airport shall be annotated to indicate the proximity to the Easton
Airport.
B.
For purposes of this section, proximity is defined as any land within
two miles of the center line of a runway.
C.
The annotation shall indicate that the property may experience low
overhead flights, vibrations and noise as a result of the proximity
to the airport.
17.1
Purpose. The purpose of the Gateway Overlay District (GWO) is to
consider and incorporate the long-range development plan for the towns
and County within the sensitive roadway corridors that enter and exit
the towns. Gateway areas are intended to preserve a scale and design
that is compatible with the community's vision for the area.
17.2
Designation of district. Gateway Overlay Districts may be established by the County Council within roadway corridors meeting the purpose of the GWO, in accordance with the procedure set forth in Article VII for amendments to the Official Zoning Maps.
17.3
Applicability.
A.
Standards established in this overlay district apply to development
activities requiring major site plan approval in the Gateway Overlay
Districts that are shown on the Official Zoning Maps. These standards
are in addition to standards for the underlying district established
elsewhere in this chapter.
B.
Development activities requiring a minor or administrative site plan
shall comply with the standards of this district applicable to the
particular development.
17.4
General standards.
A.
Landscape yard.
1.
Table III-11 establishes a minimum front setback and landscape yard
depth along the roadway for the Gateway Overlay District.
2.
Permitted uses and structures in the landscape yard, in addition
to plantings, shall be limited to access entrances, utilities, pedestrian
paths, sidewalks, gateway signage, fences, or similar uses or structures
approved by the Planning Commission.
3.
The perimeter landscape yard required by § 190-40.5, as applicable to the particular site, shall be provided adjacent to the road right-of-way within the front landscape yard required for the Gateway Overlay District. The remainder of the Gateway Overlay landscape yard area may be used as additional landscaped area, pedestrian amenities, or yard area as approved by the Planning Commission.
4.
Mechanical equipment and refuse storage and removal areas.
B.
Signage.
1.
Freestanding signs:
a.
Maximum number per property: one.
b.
Maximum height: eight feet.
c.
Maximum sign face area: 60 square feet per side.
d.
Shall be landscaped at the base.
e.
May be located in the landscaped portion of the landscape yard
if made of a natural or decorative material.
f.
Signs mounted on a single freestanding pole are prohibited.
2.
Wall signs. The maximum sign area is 75% of that permitted by the
underlying zoning district. For example, 100 square feet of sign area
permitted in underlying district translates to 75 square feet in the
GWO.
3.
Signage shall be compatible with the style and character of adjacent
properties and the primary building to which it relates.
D.
Pedestrian access.
1.
Lots located within a town's designated growth area, as identified
in the County Comprehensive Plan, shall provide for a pedestrian walkway
separate from the parking area and linking adjacent parcels.
2.
Where construction of a walkway is not practical at the time of development,
a ten-foot easement shall be dedicated for future use.
E.
Access and parking.
1.
Parking areas shall not be permitted within a landscape yard.
2.
Parking areas shall be located to the side or rear of the primary
building, except that not more than three parking spaces may be located
in front of the building, outside the landscape yard.
3.
All parking areas shall be landscaped from the view of any public
road and include a landscape yard of not less than 10 feet in depth,
consisting of a continuous three-foot-high hedge or other landscape
materials, unless the screening requirement is met by planting within
the required landscape yard.
4.
All required parking spaces shall be located on the lot with the
building or use unless shared with an adjacent property.
5.
For retail sales and service establishments, development of up to 25% of the parking spaces required by Article V may be deferred by the Planning Commission, provided there is a shared parking agreement with adjoining uses of similar or less intensive activity and with inter-parcel connections linking the two properties.
6.
Curb cuts shall be consolidated and parallel service roads shall
be created where possible.
7.
Inter-parcel connections are required where practical. Properties
providing connections are permitted to share off-street parking space
requirements, as indicated in Subsection E.5 above.
8.
New lots in the AC, CP, WRC, TC, RC, RR and TR Districts shall achieve
access through use of County roads, shared entrances or private roads.
F.
Mechanical equipment.
1.
Fixed mechanical equipment for ventilation, refrigeration or other
operational uses is not permitted within the landscape yard and must
be located to the side or rear of the primary building as defined.
2.
Side and rear yard setbacks for such equipment shall be the same
as required for primary structures in the underlying zoning district.
H.
Design and height of structures. The following guidelines and standards
are intended to create a cohesive streetscape as buildings are constructed
or enlarged.
17.5
District depth, setback and landscape yards.
Table III-11. Numerical Requirements for the GWO District:
Depth, Front Setback and Landscape Yard Requirements
| ||||||
---|---|---|---|---|---|---|
Type of Requirement
|
Principal Arterial Highway
(US 50)
|
Minor Arterial Highway
(Routes 33, 328, 331, 333)
|
Major Collector Highway
(Route 309)
|
Minor Collector Highway
(Barber Road)
| ||
A.
|
Depth of Gateway Overlay District
| |||||
Depth measured from edge of road right-of-way (feet)
|
500
|
200
|
200
|
100
| ||
B.
|
Front building setback from road right-of-way, based on the
underlying zoning district
| |||||
1.
|
LC, GC, and LI Districts (feet)
|
Minimum: 40;
Maximum: 100
|
Minimum: 40;
Maximum: 100
|
Minimum: 40;
Maximum: 100
|
Minimum: 50
| |
2.
|
Conservation and Residential Districts (feet)
|
Minimum: 100
|
Minimum: 50
|
Minimum: 50
|
Minimum: 50
| |
3.
|
All other districts (feet)
|
Minimum: 150
|
Minimum: 50
|
Minimum: 100
|
Minimum: 100
| |
C.
|
Minimum depth of landscape yard within front building setback
| |||||
1.
|
LC, GC, and LI Districts (feet)
|
40
|
20
|
20
|
25
| |
2.
|
Conservation and Residential Districts (feet)
|
25
|
25
|
25
|
25
| |
3.
|
Other districts (feet)
|
75
|
75
|
50
|
25
|
18.1
Purpose. The purpose of the Historic Overlay District is to provide
for the preservation of sites, structures and districts in the County
which have historical, archeological, or architectural significance,
together with their appurtenances and environmental settings, in order
to:
A.
Safeguard the heritage of the County by preserving sites, structures
or districts which reflect elements of its cultural, social, economic,
political, architectural, or archaeological history;
B.
Foster rural and civic beauty;
C.
Promote the preservation, appreciation, and where permitted and appropriate,
the use of historic sites, structures and districts for the education,
welfare, and pleasure of the residents of the County; and
D.
Strengthen the local economy.
18.2
Designation of Historic Overlay Districts.
A.
The County Council may establish, modify, and define the boundaries
of Historic Overlay Districts to include historic sites, structures
or districts that are of local, state or national historic, archeological,
architectural or cultural significance. At least one of the following
criteria must be met to support the establishment of a district:
1.
The district consists of or contains a landmark or structure, or
a grouping of such sites, listed in the Maryland Inventory of Historic
Properties or the National Register of Historic Places.
2.
The district contains sites, structures or landmarks associated with
persons, events, or activities that have made a significant contribution
to local, regional or national history;
3.
The district contains sites, structures, or archeological resources
that exemplify distinctive characteristics of one or more historic
periods or types or whose exterior design or features exemplify distinctive
historic architecture, materials or craftsmanship.
B.
The County Council shall follow the procedures set forth in Article VII for amendments to the Official Zoning Maps, and shall consider the recommendation of the Historic Preservation Commission.
C.
The boundaries of Historic Overlay Districts may be drawn to include
those lands adjacent to the sites, structures or districts that are
reasonably related to the essential character of the district.
D.
The County Council may only establish an Historic Overlay District
after receiving the consent of the property owner(s).
18.3
Application for permission to build, alter, or demolish.
A.
Certificate of appropriateness required.
1.
Before the construction, alteration, reconstruction, moving or demolition
of any site or structure within a designated Historic Overlay District,
and before any changes take place that would affect either the exterior
appearance of a structure or the character of its related environment
within the designated Historic District, the person proposing to make
the changes shall file with the Historic Preservation Commission an
application for a certificate of appropriateness.
2.
Every such application shall be referred to and accepted or rejected
by the Historic Preservation Commission.
3.
No building permit, zoning permit, site plan or grading plan shall
be approved within the Historic District, and no work shall commence,
until a certificate of appropriateness is approved by the Historic
Preservation Commission.
B.
Factors for consideration in reviewing applications. In reviewing
applications for a certificate of appropriateness, the Historic Preservation
Commission shall give consideration to:
1.
The effect of the proposed changes on the historic, archeological,
or architectural significance of the site or structure and its relationship
to the historic, archeological, or architectural significance of the
surrounding area.
2.
The relationship of the exterior architectural features of the structure
to the remainder of the structure and to the surrounding area.
3.
The general compatibility of exterior design, scale, proportion,
arrangement, texture, and materials proposed to be used.
4.
Any other factors, including aesthetics which the Historic Preservation
Commission considers pertinent.
5.
Documentation about the structure and the Historic District that
is on file at the Talbot County Department of Planning and Zoning.
C.
Standards for evaluation. In judging the compatibility of proposed
changes, the Historic Preservation Commission:
D.
Exterior features. The Historic Preservation Commission shall consider
only exterior features of a structure, and shall not consider any
interior arrangements.
E.
Strictness and leniency in judgment of plans. The Historic Preservation
Commission:
1.
Shall be strict in its judgment of plans for those sites or structures
deemed by research to be of historic, archeological or architectural
significance.
2.
Shall be lenient in its judgment of plans for sites or structures
of little significance or for plans involving new construction, unless
such plans would seriously impair the historic, archeological or architectural
significance of the surrounding site or structures.
3.
Is not required to limit new construction, reconstruction, alteration,
or repairs to the architectural style of any one period.
F.
Historic Preservation Commission decision.
1.
The Historic Preservation Commission shall file with the Planning
Director written notification of its approval, approval with conditions,
modification, or rejection of all applications for a certificate of
appropriateness.
2.
The Commission may approve the application subject to reasonable
and practical conditions that are clearly related to the historic
and aesthetic appropriateness of the proposed construction, reconstruction
or alterations.
3.
The failure of the Historic Preservation Commission to act upon a
pending application within 45 days after the date the complete application
was filed shall be deemed to constitute automatic approval of the
proposed change unless an extension of this forty-five-day period
is agreed upon mutually by the applicant and the Commission or the
application is withdrawn.
4.
If an application is rejected by the Commission, no application for
substantially the same proposal shall be submitted within one year
of the Commission's decision.
18.4
Ordinary maintenance; completion of work under prior permit.
A.
Nothing in this section shall be taken or construed to prevent work
and repairs on any structure coming under the heading of ordinary
maintenance.
B.
For the purposes of this section, ordinary maintenance is defined
as that which does not alter the exterior architecture of a site or
structure, or the environment of the designated Historic District;
customary farming operations; or landscaping which will have no material
effect on the historic, archaeological, or architectural significance
of an historic site, structure or district.
C.
Nothing in this section affects the right to complete any work covered
by a permit issued prior to the date upon which the Historic Overlay
District was established.
18.5
Structures of unusual importance.
A.
If an application is submitted for construction, alteration, or reconstruction
affecting a site or the exterior of a structure, or for the moving
or demolition of a structure, and the Historic Preservation Commission
considers preservation of the site or structure to be of unusual importance
to the County, the state or the nation, the Commission shall attempt,
with the owner of the site or structure, to formulate an economically
feasible plan to preserve the site or structure.
B.
Unless the Historic Preservation Commission is satisfied that the
proposed work or changes will not materially impair the historic or
architectural value of the structure, the Commission shall reject
the application, filing a copy of its rejection with the Planning
Director. The application shall not be renewed in less than one year.
C.
Should the Historic Preservation Commission conclude that no economically
feasible plan can be formulated, it shall have 90 days from the time
it so concludes to negotiate further with the owner and other parties
in an effort to find a means of preserving the site or structure.
D.
If a site or structure is considered to have historic, archeological,
or architectural significance, the Historic Preservation Commission
may approve an application for construction, reconstruction, alteration,
moving or demolition, despite the fact that the change comes within
the provisions of this section, if:
1.
The site or structure is a deterrent to a major improvement program
which will be of substantial benefit to the County; or
2.
The retention of the site or structure would cause undue financial
hardship to the owner; or
3.
The retention of the site or structure would not be in the best interest
of a majority of persons in the community.
18.6
Historic Preservation Commission meetings.
A.
All meetings of the Historic Preservation Commission shall be open
to the public.
B.
The applicant and any interested person or their representative is
entitled to appear and be heard by the Historic Preservation Commission
before it reaches a decision on any matter.
C.
The Historic Preservation Commission shall keep an open record of
its resolutions, proceedings, and actions which shall be kept available
for public inspection.
D.
Should the Historic Preservation Commission reject an application,
the Commission shall provide a written notice of rejection.
18.7
Removal of Historic Overlay District designation.
A.
A property owner of a site or structure within an Historic Overlay
District may request to have the Historic Overlay District modified
or removed from the site or structure if this section is amended so
as to substantially alter the effect of the Historic Overlay District
zoning on an existing Historic District.
B.
If such an amendment is made to this section, the Historic Preservation
Commission shall notify all existing Historic District property owners
within 30 days of the effective date of the amendment. The property
owner shall have 30 days from notification to request in writing to
the County Council to have the Historic Overlay District modified
or removed.
19.1
Purpose and intent.
19.2
District requirements.
A.
Eligibility. A STAR District is a floating zone that may be applied
only to a parcel of record or portion thereof that, as of February
20, 2016, is improved by an existing legal nonconforming hotel, motel,
community and cultural facility, golf course open to the public, inn,
marina, or restaurant:
C.
D.
Bulk requirements.
1.
Bulk requirements shall be as specified in the base zone or applicable
overlay zone(s), whichever is more restrictive, subject to Subsection
D.2, 3 and 4 below.
2.
Existing legal nonconforming sizes, areas, dimensions, and locations (nonconforming to bulk standards) of any existing use or structure as of the date of the approval of an application under this § 190-19 may be continued for any replacement use or structure, and may be consolidated or reconfigured, but may not be increased without a variance.
4.
Calculation of maximum structure height shall exclude rooftop mechanical
equipment, elevator overruns, and any approved architectural detail
or parapet minimally sized to hide those elements. The area excluded
from maximum structure height shall not exceed:
19.3
Procedure for approval. The procedure for establishing a STAR District is the same as the procedure for amendments to the Official Zoning Maps set forth in Article VII, except as modified herein.
A.
A preapplication meeting in accordance with § 190-54.1 shall be required prior to submission of an application.
B.
Applications for a STAR District shall be filed with the Planning
Director and shall contain:
1.
An adequate legal description of the property proposed for inclusion
in the district;
2.
A redevelopment plan deemed by the Planning Director to include all
information required to permit complete review of the application.
The Planning Director may require the applicant to provide additional
or supplemental information as necessary to evaluate or process the
application.
C.
Sponsorship of the application by at least one Council member shall
be required in accordance with § 190-55.1.B.3 for the application
to proceed.
D.
If sponsored, the application shall be scheduled for review and comment by the Technical Advisory Committee in accordance with the site plan procedures of § 190-60.
E.
The applicant shall hold a community meeting in accordance with § 190-60.6.A.
F.
The Planning Commission shall review the application for compliance with this § 190-19 and for consistency with the Comprehensive Plan in accordance with § 190-55.2.B. The Planning Commission may recommend modification of the structures, uses, or redevelopment plan prior to forwarding its recommendations to the County Council.
G.
Upon conclusion of the Planning Commission's review, and upon the
request of either the Planning Commission or the County Council, the
County Council shall schedule a joint work session with the Planning
Commission to review the application and the Planning Commission's
recommendations.
H.
Legislation to adopt a STAR District may be introduced in accordance
with § 190-55.1.B.3.
I.
Required findings. An application for a STAR District may be approved
based upon the following findings:
1.
Approval of the district is consistent with the Comprehensive Plan;
3.
Public facilities and services are or will be adequate, including
roads, individual or community water systems, individual or community
sewerage systems, police and fire protection, and any other facilities
and services deemed appropriate;
4.
The beneficial purposes achieved by the district are not outweighed
by any adverse effects on the surrounding neighborhood;
5.
The district will promote, and will not interfere with, the adequate
and orderly provision of public facilities; and
6.
All requirements of this section have been met.
J.
Site plan approval.
1.
After approval of a STAR District the applicant shall apply for site plan approval in accordance with § 190-60 to implement the redevelopment plan.
2.
The approved redevelopment plan shall include sufficient detail to
permit accurate preparation, review, comment, and approval of a site
plan to implement all features, conditions, and requirements of the
approved district. The sizes, areas, dimensions, and locations of
all preexisting nonconforming bulk standards referenced in § 190-19.2.D.2
and those proposed for use in the redevelopment, shall be quantified
and delineated on the site plan.
3.
The site plan approval shall be based upon, consistent with, and
shall implement the approved redevelopment plan.
4.
If the final site plan is not approved within two years of the effective
date of the STAR rezoning, the County Council may reclassify the property
back to its original zoning designation.
5.
Construction of improvements authorized by adoption of a STAR District
shall commence within two years of final site plan approval. If construction
does not commence within two years following final site plan approval,
the County Council may reclassify the property back to its original
zoning designation.
K.
Amendments. An approved STAR District, a redevelopment plan, or an
approved site plan may be amended in the same manner and subject to
the same conditions as an original application.
20.1
Purpose and intent. The Village Overlay District is established for
the following purposes:
A.
To protect and enhance the character of established and historic
neighborhoods in keeping with the unique character of the County's
rural villages.
B.
To provide modified bulk requirements and design standards for areas
of the VM, VH or VR Districts where the requirements of the underlying
zone are not suitable given the established character of the neighborhood.
C.
To encourage renovation, expansion, infill and redevelopment in established
neighborhoods in a manner that reinforces character-forming attributes
that may include lot size, lot proportions, building setbacks, building
dimensions or orientation, and the location of site features such
as parking, fences and landscaping.
20.2
Review and approval process.
A.
Establishment of Village Overlay Districts shall be submitted and
heard following the procedures for amendments to the Official Zoning
Maps.
B.
The Village Overlay is intended to protect the character of neighborhoods.
Therefore, a request for individual property reclassification may
not be considered with the exception of properties adjacent to an
existing mapped Village Overlay Zone.
C.
The County Council shall decide whether to grant approval based on
the following findings with respect to the community in which the
map amendment is requested:
1.
Traditional or historic patterns of residential, commercial, and
institutional development will be better protected through application
of the Village Overlay than by the underlying VM, VH or VR Zoning
District.
2.
Application of the Village Overlay will promote a sustainable community
by allowing suitable reinvestment, reuse and infill development.
D.
For each proposed Zoning Map amendment to apply the Village Overlay:
1.
The Department of Planning and Zoning, in its report on the Zoning
Map amendment, shall provide aerial photographs or other documentation
showing existing lot lines, streets, structures, land uses and natural
features for the area of the proposed Village Overlay.
2.
The Planning Commission, in its recommendation to the County Council,
shall identify key features that are important to the traditional
or historic character of the village area.
E.
The County Council, in adopting legislation applying the Village
Overlay to a portion of a particular village:
1.
Shall include in its decision documentation showing lot lines, streets,
structures, land uses and natural features.
2.
Shall also include in its decision specific standards, supported
by the documentation, that specify appropriate dimensions, design
guidelines or other criteria for development within the particular
Village Overlay.
F.
The VO District shall not impact the permitted uses of the underlying
zone, but shall establish other standards, which may include bulk
requirements and/or design guidelines, that supplement or supersede
the requirements of the underlying zone.
G.
The documentation and standards included in the County Council's
decision shall be published by the Department of Planning and Zoning
as the Village Overlay Design Guidance for the particular village.
H.
Where applicable, Village Overlay Design Guidance for minimum lot
size, lot width and setbacks shall be no less than the average (mean)
lot size, lot width or setbacks of the lots within the Village Overlay.
The Shoreline Development Buffer shall not be reduced unless the area
within the Village Overlay also includes a Modified Buffer Area Overlay.
20.3
Development standards and decision.