The provisions contained herein are intended
to implement the growth allocation provisions of the Wicomico County
Critical Area Program. The County's growth allocation will be used
to amend the land use management classification on the Official Critical
Area Maps on a project-by-project basis. The provisions contained
herein establish the growth allocation process, minimum design standards
and the process whereby projects may be awarded growth allocation.
A land use management classification change is required to receive
growth allocation, and application for growth allocation must also
receive approval from the County Council and the Critical Area Commission
for a land use management classification change. The following procedures
will be followed in determining if a site qualifies for growth allocation.
[Amended 6-26-2001 by Bill No. 2001-11; 8-2-2011 by Bill No.
2011-07]
The granting of growth allocation shall be consistent with the
Wicomico County Critical Area Program.
A.
When approving growth allocation, the Wicomico County Planning and
Zoning Commission, in its review, and the County Council shall use
these standards:
(1)
Locate a new IDA in an existing LDA or adjacent to an existing IDA;
(2)
Locate a new LDA adjacent to an existing LDA or IDA;
(3)
No more than 1/2 of the growth allocated may be located in the RCA, except as provided in Subsection A(4) below;
(4)
If the County is unable to utilize any portion of the growth allocation
within or adjacent to existing IDAs or LDAs, that portion of the growth
allocation which cannot be used may be located in the RCA. The developer
will be required to cluster. The developer shall cluster the development
300 feet from tidal waters or tidal wetlands;
(5)
The location of development projects which use growth allocation
shall minimize impacts to habitat protections areas as defined in
COMAR 27.01.09 and optimize benefits to water quality. The design
of development projects which use the growth allocation shall minimize
impacts to habitat protection areas as defined in COMAR 27.01.09 and
optimize benefits to water quality;
(6)
Projects using growth allocation in the RCA shall conform to all
criteria of the Wicomico County Critical Area Program for such areas.
The growth allocation used shall be designated on the County Critical
Area Maps and shall constitute an amendment to this program subject
to review and approval by the County Planning Commission, the County
governing body and the Critical Area Commission;
(7)
Locate a new intensely developed area or a limited development area
in a resource conservation area at least 300 feet beyond the landward
edge of tidal wetlands or tidal waters; and
(8)
Locate a new intensely developed area where it will minimize impacts
to the defined land uses of the resource conservation area.
B.
In reviewing map amendments or refinements involving the use of growth
allocation, the Critical Area Commission shall consider the following
factors:
(1)
Consistency with the County's adopted Comprehensive Plan and
whether the growth allocation would implement the goals and objectives
of the adopted plan. "Consistency with" means that a standard or factor
will further, and not be contrary to the following items in the Comprehensive
Plan:
(2)
For a map amendment or refinement involving a new limited development
area, whether the development is:
(3)
For a map amendment or refinement involving a new intensely developed
area, whether the development is:
(4)
The use of existing public infrastructure;
(5)
Consistency with state and regional environmental protection policies
concerning the protection of threatened and endangered species and
species in need of conservation that may be located on- or offsite;
(6)
Impacts on a priority preservation area, as defined under § 2-518
of the Agriculture Article;
(7)
Environmental impacts associated with wastewater and stormwater management
practices and wastewater and stormwater discharges to tidal waters,
tidal wetlands, and tributary streams; and
(8)
Environmental impacts associated with location in a coastal hazard
area or an increased risk of severe flooding attributable to the proposed
development.
Maximum permitted densities will be computed
based on the total site area less the area occupied by tidal wetlands.
The maximum density that will be permitted using growth allocation
shall be limited as follows, depending on which is the more restrictive:
A.
The total number of approved individual septic systems
or total number of units approved for shared sewage disposal facilities
or community facilities by the Wicomico County Health Department,
Maryland Department of the Environment or the Wicomico County Urban
Services Commission; or
A.
Only those phases or portions of projects proposed
to be completed within one year shall receive growth allocation. In
any case, a project approved for the growth allocation shall be substantially
completed within three years of the date of final approval, i.e.,
recordation of final subdivision plats or final site plan approval.
If, after three years, the project is not completed, the growth allocation
shall be withdrawn.
B.
After site inspection and final approval of all required
improvements, the Wicomico County Planning and Zoning Commission shall
determine whether a project is substantially completed. "Substantially
completed projects" are defined as projects in which all public improvements,
such as roads, community or shared sewer and/or water facilities,
etc., have been built, as required by the County or state, and all
required bonds or other guaranties released by the County.
C.
Proposed developments on parcels or tracts located in RCA's that are not immediately adjacent to an existing IDA or LDA as of October 13, 1989, shall cluster development and shall meet all of the special provisions specified in § 125-16 and the design standards and guidelines established in the Wicomico County Critical Area Program.
D.
The maximum individual lot size shall not exceed the
minimum individual lot size permitted by the Wicomico County Health
Department.
E.
The following design standards shall apply to all
major subdivisions and other development projects approved for growth
allocation in order to be approved:
(2)
The maximum lot size corresponds to the minimum lot size permitted by the Wicomico County Health Department, except that no lot shall be less than the minimum lot required by the provisions of the Chapter 225, Zoning.
(3)
If not already in forest cover, at least 50% of the
Buffer will be forested.
(4)
To the extent possible, lots should be located so
that the balance of the lot area in excess of 20,000 square feet that
is maintained in natural vegetation or afforested is contiguous to
forested areas preserved as open space or acts as a wildlife corridor
connecting forested areas on or adjacent to the site.
(5)
At a minimum, 50% of the area of each building lot
in excess of 20,000 square feet in size is forested.
(6)
The area of disturbance for nonresidential development
should be no more than 40% of the total site area.
(7)
A minimum one-hundred-foot buffer or fifty-foot forested
buffer is provided between any development site and any adjacent farmland
or forestland in the critical area.
(8)
The design of the development must enhance the water
quality and resource and habitat values of the area, e.g., results
in additional planting of forest cover in the Buffer or implementation
of best management practices on portions of the site to be retained
in agriculture use.
(9)
The development incorporates the comments and recommendations
of County agencies and addresses the comments of the Maryland Forest,
Park and Wildlife Service in the project design.
(10)
The developer executes easements or restrictive
covenants that guarantee maintenance of the required common open space
areas and the open space area of individual lots outside of the development
pad.
F.
Major developments in the RCA utilizing growth allocation
shall also meet the following development standards:
(1)
Permitted uses in required open space areas shall
be limited to agriculture, forestry or natural cover.
(2)
A minimum one-hundred-foot Buffer shall be established
and maintained between all developed areas and adjacent farm and forest
land, except that this Buffer may be reduced to 50 feet if retained
or planted in forest cover.
(3)
A woodland management plan shall be prepared for all
forested areas, and best management practices must be implemented
on portions of the site to be retained in agriculture use.
(4)
Applicants shall demonstrate that practices for stormwater
management maintain pollutant loadings at or below predevelopment
loadings.
G.
The following design standards shall apply to all
minor subdivisions approved for growth allocation in order to be approved:
(1)
The total number of lots permitted in the critical
area portion shall not exceed five lots.
(2)
The total acreage within the critical area portion
of the proposed development lot or parcel of record as of the date
of adoption of this chapter shall not exceed 30 acres.
(3)
To the extent possible, the maximum lot size should
not exceed the minimum individual lot size required by the Wicomico
County Health Department.
(4)
The applicant shall demonstrate that, prior to December
1990, a soil conservation and water quality plan will be prepared
and implemented on all portions of the site which remain in agricultural
use, insofar as possible; at a minimum, a cooperators' agreement shall
be entered into by the landowner.
(5)
The applicant shall prepare a woodland management
plan for those portions of the site which remain in forest cover.
(6)
The subdivision shall comply with all the requirements
of the Wicomico County Critical Area Program and this chapter, as
well as other applicable ordinances and regulations of Wicomico County.
The manner in which growth allocation for a
proposed project will be subtracted from the total County growth allocation
will be determined on a project-by-project basis, subject to Critical
Area Commission approval. In making his determination, the Planning
Director will subtract all disturbed areas and areas not restricted
from further development through restrictive covenants and not maintained
in natural vegetation, or other acceptable provisions as are approved
by the County. In determining the area to be subtracted, the Planning
Director will use the following guidelines:
A.
On parcels on which a change in land management classification
is requested in order to permit use of the growth allocation, a development
envelope will be determined by the County, the acreage of which will
be counted against the County's growth allocation.
B.
The Critical Area Commission has developed guidelines
for computing the use of growth allocation. However, the County reserves
the right, on a case-by-case basis, to submit information to justify
not subtracting all areas referred to in the Commission's guidelines.
C.
The development envelope concept may only be used
when there is a minimum of 20 acres outside of the development envelope
that will maintain its resource conservation area character.
[Added 6-26-2001 by Bill No. 2001-11]
[Amended 6-26-2001 by Bill No. 2001-11]
Applicants for growth allocation shall submit
a request for growth allocation accompanied by appropriate plans and
environmental assessments in accordance with the following process:
A.
All applications for growth allocation shall meet
the requirements of COMAR 27.01.02.05-1 and 27.01.02.05-2 and be submitted
to the Wicomico County Department of Planning, Zoning and Community
Development. Requests shall also be accompanied by a concept plan,
environmental assessment and/or studies so as to provide sufficient
information to permit the Planning Commission to review the application
for consistency with the County’s critical area regulations.
[Amended 8-2-2011 by Bill No. 2011-07]
B.
All applications for growth allocation shall be forwarded
to the Planning Commission for review and shall include comments and
recommendations from the County planning staff. The Planning Commission
shall hold a public hearing on the growth allocation request prior
to making a recommendation to the County Council.
[Amended 10-17-2006 by Bill No. 2006-11]
C.
The applicant shall address the Planning Commission's
comments and recommendations. The Planning Commission may revise the
concept plan accordingly. The growth allocation request shall then
be forwarded to the County Council with a recommendation for approval
or denial from the Planning Commission.
[Amended 10-17-2006 by Bill No. 2006-11]
D.
The County Council shall hold a public hearing on
the growth allocation request.
[Amended 10-17-2006 by Bill No. 2006-11]
E.
The County Council may establish conditions of approval
that are consistent with the intent of the county's critical area
program.
[Amended 10-17-2006 by Bill No. 2006-11]
F.
Upon approval of the growth allocation request by the County Council, the County critical area staff shall send the request to the Chesapeake Bay Critical Area Commission for review, comment and approval. When the County submits a request for the Commission to review, the request shall state how the County has applied the location criteria in § 125-30A and contain sufficient information to address the factors in § 125-30B. The request shall be accompanied by pertinent plans and environmental assessment and/or studies. Upon receipt of the request from the County, the Critical Area Commission shall notify the County regarding the processing of the request as an amendment or refinement to the County’s critical area program. Refinements shall be acted on within 30 days of the Commission’s notification to the County of a complete submission. Amendments shall be acted on within 130 days of the Commission’s notification to the County of a complete submission. When reviewing the request, the Commission shall ensure that the location criteria in § 125-30 have been applied in a manner consistent with the purpose, policies, goals and provisions of the state critical area law and all criteria of the Critical Area Commission.
[Amended 10-17-2006 by Bill No. 2006-11; 8-2-2011 by Bill No. 2011-07]
G.
Following approval of the growth allocation request
by the Critical Area Commission, the County Council may choose to
hold a public hearing to approve or deny a final award of growth allocation
and map amendment. If the conditions of growth allocation approval
by the Critical Area Commission do not substantially alter the design
or increase the amount of growth allocation acreage deduction, the
County Council may waive the final public hearing.
[Amended 10-17-2006 by Bill No. 2006-11]
H.
Prior to approving the final site plan or subdivision
plat, the Planning Commission shall ensure that all conditions of
approval are incorporated into the final plan, public works agreement,
deed covenants, etc.
I.
Final subdivision plats and site plans shall be processed
in accordance with the requirements of this chapter and the county
subdivision regulations.
J.
The county's official critical area maps shall be
amended to reflect the new land classification, and a copy of the
new map shall be provided to the Critical Area Commission.
K.
A condition of approval shall be that growth allocation
shall be awarded to a specific project and the projects approved for
growth allocation be substantially completed within three years of
the date of approval. Substantially completed shall be determined
by the County Council and is defined as projects in which all public
improvements, such as roads, water and sewer facilities, forest conservation,
stormwater management, etc. have been built as required by the county
and state.
