Any subdivision of land, as defined in the Wicomico
County Subdivision Chapter,[1] shall be subject to the following special provisions when
such subdivision occurs in the Critical Area District.
A.
Concept plans.
(1)
Concept sketch plans shall be prepared and submitted to the Wicomico County Planning and Zoning Office prior to submission of any proposed subdivision for approval by the Wicomico County Planning and Zoning Commission. Concept plans shall include all information required in § 200-6 of the Wicomico County Subdivision Chapter.
[Amended 6-26-2001 by Bill No. 2001-11]
(2)
In addition, the following information shall also
be shown:
(a)
Tidal and nontidal wetlands.
(b)
Streams.
(c)
Areas of steep slopes and highly erodible and
other soils, with development constraints.
(d)
Shore and stream Buffer (100 feet minimum).
(e)
Natural resource protection areas, including
wildlife habitats and habitat protection areas, and forests and developed
woodlands on or in the vicinity of the proposed subdivision.
(f)
The Critical Area District boundary and the
applicable land management classification(s), i.e., intensely developed
area (IDA), limited development area (LDA) or resource conservation
area (RCA).
(g)
Computation of the amount of acres in the Critical
Area District.
(h)
The location and extent of existing and/or proposed
shore erosion abatement approaches.
B.
Preliminary plats.
(1)
In addition to the required exhibits for preliminary plat submission required in Chapter 200, Subdivision of Land, for proposed subdivisions located in the Critical Area District, the following additional information will be shown on the preliminary plat, as applicable:
(a)
A computation of the total area within the Critical
Area District, area within each of the land management classifications
(i.e., IDA, LDA and RCA) and number of lots in the critical area.
(b)
Slopes of 15% or greater.
(d)
The location of all existing or proposed site
improvements, including storm drains, culverts, retaining walls, fences,
stormwater management facilities, as well as any sediment and erosion
control structures.
(e)
The location of required open space areas, the
Buffer and other buffer areas, forested areas and landscaping. (The
plan shall show all areas to be maintained as landscaping, and the
means by which such landscaping will be permanently maintained shall
be specified.)
(f)
The location of all habitat protection areas
on the site.
(g)
The location of tidal and nontidal wetlands
on and adjacent to the site and delineation of the watershed thereof.
(h)
The location of eroding shoreline reaches, the
rates of erosion, areas where shore erosion measures are in place
and areas to be protected by installation of proposed erosion abatement
approaches.
(i)
The location of anadromous fish spawning stream(s)
on or adjacent to the site, and a delineation of the watershed area
of the stream on the site.
(j)
Areas to be retained in agriculture and/or forestry
use.
(k)
Areas proposed for reforestation and afforestation.
(l)
The total area of the site that will be temporarily
disturbed during development, and the area that will be permanently
disturbed. ("Disturbed" is defined as any activity occurring on an
area which may result in the loss of or damage to existing natural
vegetation.)
(m)
Proposed natural park areas, as appropriate.
(n)
The location of the Critical Area District boundary,
the mean high-water line and the landward edge of tidal wetlands.
(o)
Proposed covenants on required open space areas.
(2)
In addition to the information above, the preliminary
subdivision plat shall be accompanied by the following, when the subdivision
or development is proposed in the critical area, as required:
(a)
A planting plan for reforested and afforested
areas and a woodland conservation plan with the comments of the Bay
Forester.
(b)
A habitat protection plan, including the comments
of the Maryland Forest, Park and Wildlife Service.
(c)
Preliminary indication of a cooperators' agreement
with the Wicomico County Soil Conservation District or farm plan,
as applicable.
(d)
A preliminary stormwater management plan.
(e)
A preliminary sediment and erosion control plan.
(f)
A shore erosion protection plan, complete specification
for proposed shore erosion work.
(g)
A natural park management plan, as appropriate.
(h)
An environmental assessment report which provides
a coherent statement of how the proposed development addresses the
goals and objectives of the Wicomico County Chesapeake Bay Critical
Area Program. At a minimum, the environmental assessment shall include:
[1]
A statement of existing conditions, e.g., amount
and types of forest cover, amount and type of wetlands, discussion
of existing agriculture activities on the site, soil types, topography,
etc.
[2]
A discussion of the proposed development project,
including the number and type of residential units, amount of impervious
surface, proposed sewer treatment and water supply, acreage devoted
to development, proposed open space and habitat protection areas.
[3]
A discussion of the proposed development's impacts
on water quality and habitat protection areas.
[4]
Documentation of all correspondence and findings
received from any County, state or federal agency.
C.
Final subdivision plats.
(1)
In addition to the required exhibits for preliminary plat submission required in Chapter 200, Subdivision of Land, for proposed subdivisions located in the Critical Area District, the following additional information will be shown on the final subdivision plat, as applicable:
(a)
A tabulation on final plat (above approval block),
showing the following for subdivisions wholly or partially located
in the critical area:
[1]
The total number of lots and/or parcels to be
recorded.
[2]
The total area of lots and/or parcels, including
widening strips.
[3]
The total area of roadways to be recorded.
[4]
The total area of subdivision to be recorded
and, where density restrictions apply, the acreage dedicated to the
development.
[5]
The total area of subdivision or parcels to
be recorded in the Critical Area District.
[6]
The total number of lots in the Critical Area
District.
[7]
The residential density in the Critical Area
District.
(b)
For subdivisions in the critical area, accurate
outlines (metes and bounds, where required) of any required open space
areas, common or reserved areas or portions of lots to be maintained
by covenant, easement or similar approved instrument in permanent
forest cover, including existing forested areas, reforested areas
and afforested areas.
(c)
For subdivisions in the critical area, accurate
outlines (metes and bounds, where required) of any areas to be maintained
as resource protection use (e.g., agriculture, natural parks, forest,
etc.).
(d)
An outline of building envelope, paved drives
and any other proposed impervious surface areas.
(e)
For subdivisions in the critical area, accurate
outlines (metes and bounds, where required) of any areas to be maintained
as permanent wildlife and plant habitat protection area or areas.
(2)
In addition to the information above and any required
planning, zoning and community development plans, the final subdivision
plat shall be accompanied by the following when the subdivision or
development is proposed in the critical area, as required:
[Amended 12-18-2012 by Bill No. 2012-13]
(a)
Planting and forest management plans. The subdivider
in the Critical Area District shall prepare and submit a planting
plan and/or woodland conservation plan for areas where planting is
required, and a shoreline protection plan for areas of eroding shore
to be stabilized.
(b)
Open space maintenance plans. A detailed proposal,
including easements, covenants, agreements and other specific documents
showing ownership and the method of assuring perpetual maintenance
to be applied to those areas of common open space, recreation areas,
wildlife corridors and habitat protection areas in developments located
in the Critical Area District, shall be required.
A.
The standards and requirements outlined herein shall
be considered minimum standards and requirements for the promotion
of the public health, safety and general welfare.
B.
General requirements.
(1)
Land shall be suited for the purposes for which it is to be subdivided. The subdivision shall be laid out as to proper design and improvement, form and dimensions and in relationship to street and lot design, as well as proposed and existing land uses in the proposed subdivision and adjoining areas. The land use pattern of the adopted County Comprehensive Plan, critical area program and the regulations of Chapter 225, Zoning, shall form the basic theme for the design pattern.
(2)
Where trees, waterways, scenic points, historic sites
and structures or other assets and landmarks are located within a
proposed subdivision, the Wicomico County Planning and Zoning Commission
shall see that all practical means are to be taken to preserve these
features.
(3)
Where a tract of land bordering tidal water, tidal
wetlands or tributary streams in the critical area is to be subdivided
and a special Buffer area has not been established, a Buffer of at
least 100 feet shall be established in natural vegetation (except
areas of the Buffer which are planted in vegetation where necessary
to protect, stabilize or enhance the shoreline). No development, including
septic systems, impervious surfaces, parking areas, roads or structures,
are permitted in the Buffer. However, approved development or expansion
of water-dependent facilities, as defined in this chapter, are excepted
from these Buffer provisions.
[Amended 6-26-2001 by Bill No. 2001-11]
(4)
If the lot ownership extends to the water, wetlands
or streambed, then the Buffer shall be included in the required setback
distance for building on that lot, except in the case of water-dependent
facilities. Where the Buffer is to be owned and maintained by a homeowners'
or similar appropriate organization, the required setback distance
shall be measured from the property line separating that lot from
the designated Buffer. This Buffer, when not included in the lots,
may be included in the calculating of the required open space.
(5)
The Buffer will be expanded to include contiguous
sensitive areas. This expansion will occur whenever new land development
or other land disturbing activities, such as clearing natural vegetation
for agriculture, forestry or mining, are proposed and the Wicomico
County Planning and Zoning Commission determines that such activities
may impact wetlands or other aquatic environments. The expanded Buffer
must be shown on plans required for such development or activities.
"Sensitive areas" are defined as follows: hydric soils and soils with
hydric properties as designated by the Soil Conservation Service,
steep slopes greater than 15% and highly erodible soils. The Buffer
shall be expanded according to the following rules:
(a)
The Buffer shall be expanded four feet for every
1% of slope or to the top of slope, whichever is greater.
[Amended 6-26-2001 by Bill No. 2001-11]
(b)
The Buffer shall be expanded to the upland limit
of adjacent hydric soils, soils with hydric properties and erodible
soils within the critical area.
(6)
All subdivisions in the Critical Area District shall
be subject to the habitat protection requirements prescribed in the
critical area program.
(7)
The subdivider shall be required to identify stormwater
management practices appropriate to site development which achieve
the following standards:
(a)
In areas designated intensely developed area
on the Critical Area District Map, the subdivider shall identify stormwater
management practices appropriate to site development which achieve
the following standards:
[1]
The subdivider shall demonstrate that the best
management practices for stormwater assure a ten-percent reduction
of predevelopment pollutant loadings.
[2]
Subdivisions which cannot demonstrate they meet the requirements of Subsection B(7)(a)[1] above may be approved only if it can be demonstrated that mitigation measures or offsets will be provided to achieve equivalent water quality benefits elsewhere in the same watershed.
[3]
Methods of determining mitigation measures necessary to achieve ten-percent reductions or in determining alternative offsets required in Subsection B(7)(a)[2] above shall be consistent with methodologies as adopted by Critical Area Commission guidance papers or policies.
[Amended 6-26-2001 by Bill No. 2001-11]
(b)
The subdivider shall delineate those site areas not covered by impervious surfaces to be maintained or established in vegetation. Where vegetation is not proposed, the developer shall demonstrate why plantings for such portions of the site are impracticable. Types of plantings and vegetation proposed shall be in accordance with guidelines established in § 125-21.
(8)
The subdivision shall be designed to assure those
features or resources identified as habitat protection areas are afforded
protection as prescribed in the habitat protection element of the
critical area program.
(9)
In LDA's and RCA'S, roads, bridges and utilities serving
lots shall be located to avoid disturbances to habitat protection
areas. When no alternative exists and such infrastructure must cross
or be located in a habitat protection area, the developer shall demonstrate
how impacts to habitats have been minimized and that no feasible alternative
location of such infrastructure exists.
(10)
In LDA's and RCA'S, all roads, bridges, lots
or other development which cross or are located adjacent to tributary
streams in the critical area shall:
(a)
Minimize clearing in the Buffer.
(b)
Be designed in a manner to reduce increases
in flood frequency and severity.
(c)
Provide for the retention of natural streambed
substrate.
(d)
Minimize adverse impacts to water quality and
stormwater runoff.
(e)
Retain existing tree canopy so as to maintain
stream water temperature within normal variation.
(11)
Lots and open space areas shall be located and
designed to provide for maintenance of existing site wildlife and
plant habitats and continuity with those on adjacent sites. Existing
wildlife corridors shall be identified on proposed development plats.
When wildlife corridors exist or are proposed, they shall include
any existing habitat protection areas and connect large forested areas
on or adjacent to the site. The subdivider shall ensure the permanent
maintenance of wildlife corridors by establishing easements, restrictive
covenants or similar instruments through which the corridor is preserved
by public or private groups, including homeowners' associations, nature
trusts and other organizations, as approved by the County.
(12)
Impervious surfaces are limited to 15% of the
gross site area, except as follows:
[Amended 6-13-1991 by Bill No. 1991-2; 6-26-2001 by Bill No.
2001-11]
(a)
If a parcel or lot 1/2 acre or less in size existed on or before December 1, 1985, then man-made impervious surfaces are limited to 25% of the parcel or lot. Impervious surfaces on such parcels or lots may cover up to 31.25% of the parcel or lot or 500 square feet more than 25% of the parcel or lot, whichever is greater, provided the conditions as stated in Subsection B(12)(d) below are met.
(b)
If a parcel or lot greater than 1/2 acre and
less than one acre in size existed on or before December 1, 1985,
then man-made impervious surfaces are limited to 15% of the parcel
or lot or 5,445 square feet, whichever is greater, provided the conditions
as stated below are met.
(c)
If an individual lot one acre or less in size
is part of a subdivision approved after December 1, 1985, then man-made
impervious surfaces of the lot may not exceed 25% of the lot. However,
the total of the impervious surfaces over the entire subdivision may
not exceed 15%.
(13)
Approved minor (private) roads shall not serve
more than a total of six lots.
(14)
Roads serving development shall be located to
avoid disturbances to habitat protection areas as described in the
critical area program. When no alternative exists and such infrastructure
must cross or be located in a habitat protection area, the developer
shall demonstrate how impacts to habitats have been minimized and
that no feasible alternative location of such infrastructure exists.
