[Amended 10-17-1997 by Ord. No. 97-07; 7-12-2011 by Ord. No. 11-01]
A. Intent. The following provisions are intended to accommodate limited use of shoreline areas that have been mapped as Buffer Exempt Areas (BEAs) under the provisions of this Chapter
14:1 while protecting water quality and wildlife habitat to the extent possible.
B. Applicability. This section applies only to new development or redevelopment within 100 feet of tidal waters, tidal wetlands and tributary streams on lots of record as of December 1, 1985, and located in mapped Buffer Exempt Areas as shown on the Critical Area maps.
C. The following special provisions apply to development and redevelopment in mapped BEAs in the IDA, LDA and RCA:
(1) New development or redevelopment activities, including structures, roads, parking areas and other lot coverage including septic systems, will not be permitted in the Buffer Exempt Area unless the applicant can demonstrate and the Planning Director finds that there is no feasible alternative. Such findings shall document that the intrusion is the least necessary. A copy of the Planning Director's findings in this regard shall be available to the Critical Area Commission upon request.
(2) New development or redevelopment shall minimize the shoreward extent of intrusion into the Buffer Exempt Area and shall not exceed the shoreward extent of existing structures located on the property. In no case shall the intrusion into the Buffer Exempt Area encroach into a required yard under the terms of the underlying zone unless a variance thereto has been first granted.
(3) Development may not impact any Habitat Protection Area (HPA) as defined in Section VI of the Queen Anne's County Critical Area Program.
(4) No natural vegetation may be removed in the Buffer except that required by the proposed construction, and any other natural vegetation in the Buffer shall be maintained.
D. The following special provisions apply to development and redevelopment in mapped BEAs in the LDA and RCA:
(1) If a parcel or lot 1/2 acre or less in size was a lot of record on or before December 1, 1985, then lot coverage associated with that use is limited to 25% of the parcel or lot.
(2) If a parcel or lot 1/4 acre or less in size was in nonresidential use on or before December 1, 1985, then lot coverage associated with that development is limited to 25% of the parcel or lot. If a parcel or lot 8,000 square feet or less in size was a lot of record on or before December 1, 1985, then lot coverage on the lot area is limited to 25% of the parcel or lot, plus 500 square feet, provided:
(a) New lot coverage on the parcel or lot has been minimized;
(b) Stormwater quality impacts have been minimized through site design and/or use of best management practices agreed on by the County and the Critical Area Commission; and
(c) On-site mitigation is performed or payment of a fee-in-lieu is made to offset adverse water quality impacts.
(3) If a parcel or lot greater than 8,000 square feet but less than or equal to 21,780 square feet was a lot of record on or before December 1, 1985, then lot coverage on the lot is limited to 31.25% of the parcel or lot, provided the requirements of §
14:1-38D(8)(b)[1], [2] and [3] are met.
(4) If a parcel or lot greater than 21,780 square feet but less than or equal to 36,300 square feet was a lot of record on or before December 1, 1985, then lot coverage on the lot is limited to 5,445 square feet, provided the requirements of §
14:1-38D(8)(b)[1], [2] and [3] are met.
(5) If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, the lot coverage of the lot may not exceed 25% of the lot. However, the total lot coverage over the entire subdivision may not exceed 15%.
(6) These provisions do not apply to a legally existing manufactured home park that was in residential use on or before December 1, 1985.
(7) The Board of Appeals may grant a variance from the provisions of this subsection in accordance with Part
7 of this Chapter
14:1.
E. Buffer mitigation.
(1) Any development in the Buffer Exempt Areas approved under the provisions of this subsection shall be mitigated as follows:
(a) The extent of the lot or parcel shoreward of the new development or redevelopment shall be required to remain, or shall be established and maintained, in natural vegetation; and
(b) Natural vegetation of an area twice the extent of the lot coverage must be created on the property or other similar location approved by the Planning Director.
(2) Any required reforestation, mitigation or offset areas shall be designated under a development agreement or other instrument and recorded among the land records of Queen Anne's County.
(3) If a person demonstrates to the satisfaction of the Planning and Zoning Office that mitigation requirements, on-site or off-site, cannot be reasonably accomplished, the person shall contribute money (a fee-in-lieu), at a rate to equal the total cost of creating forest land.
(4) The fees-in-lieu collected may only be used for projects within the Critical Area for the benefit of wildlife habitat, water quality improvement or environmental education. These sites will be planted with more than one native species and will remain in a forest management plan held with the Maryland Forest Service.