[Amended 6-26-2001 by Bill No. 2001-11]
The Wicomico County Council may exempt an area
proposed for development from the Buffer provisions of this chapter
only by program amendment, where it can be sufficiently demonstrated
that the existing pattern of residential, industrial, commercial or
recreational development in the critical area portion of the site
prevents the Buffer from performing its function. All such amendments
shall require a public hearing by the Planning Commission and the
County Council and approval by the Critical Area Commission. In order
to approve a Buffer exemption amendment, the County Council shall
find and require, at a minimum, that other measures for achieving
the habitat and water quality protection objectives of the adopted
critical area criteria have been met.