A.
The standards and requirements outlined herein shall be considered
minimum standards and requirements for the promotion of the public
health, safety, morals, and general welfare.
B.
Where literal compliance with the standards herein specified is clearly
impractical, the Planning and Zoning Commission may modify or adjust
the standards to permit reasonable utilization of property while securing
substantial conformance with the objectives of these regulations.
C.
The subdivision layout shall be in conformance with the Comprehensive Plan and Chapter 290, Zoning, as adopted or amended by the Town Council from time to time and shall be of such character that it protects the health, safety, and general welfare of the Town and its residents. Subdivision layout in the Town Critical Area District shall, in addition to the above, conform to the Town Critical Area Protection Program and be of such character that it protects water quality and plant and wildlife habitat.
[Amended 10-20-1988 by Ord. No. O-88-11]
A.
All portions of a tract being subdivided shall be taken up in lots,
streets, public lands, or other proposed uses, so that remnants and
landlocked areas shall not be created.
B.
Where trees, groves, waterways, scenic points, historic spots, or
other Town assets and landmarks are located within a proposed subdivision,
every possible means shall be provided to preserve these features.
C.
Land subject to flooding or property and land deemed to be topographically
unsuitable shall not be subdivided or developed for residential occupancy
or for such other uses as may endanger health, life, or property,
or aggravate erosion or flood hazards until all such hazards have
been eliminated or unless adequate safeguards against such hazards
are provided by the final plats. Such land within a subdivision shall
be set aside on the plat for uses that will not be endangered by periodic
or occasional inundation or will not produce unsatisfactory living
conditions.
A.
The arrangement, character, extent, grade, and location of all streets
shall conform to the Chesapeake Beach Highway Plan of current adoption
and shall be considered in their relation to existing and planned
streets, to topographical conditions, to public convenience and safety,
and in their appropriate relation to the proposed uses of the land
to be served by such streets.
B.
Proposed streets shall further conform to state plans for streets
and highways as have been prepared.
C.
Where such is not in the Town Highway Plan, proposed streets shall
be continuous and in alignment with existing, planned, or platted
streets with which they are to connect.
D.
Residential streets shall be so laid out that their use by through
traffic will be discouraged.
E.
Streets that are extensions of or obviously in alignment with existing
streets shall bear the names of existing streets.
F.
If a portion of a tract is not subdivided, suitable access to street
openings for eventual subdivision of the entire tract shall be provided.
G.
Where stub streets are provided abutting unsubdivided acreage, temporary
easements for turnarounds shall be provided at the boundary lines.
H.
With approval of the Town Council, private streets and accessways
may be retained in private ownership. Such private streets or accessways
shall, however, meet the minimum specifications and design standards
of the regulations.
I.
Alleys are prohibited in developments of single-family detached residences.
A.
Where a subdivision abuts or contains an existing street of inadequate
right-of-way width, a right-of-way width as required by the Chesapeake
Beach Specifications and Design Standards for Roads, Streets and Improvements
(See Appendix A.[1]) shall be indicated on the plat and offered for dedication.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Minimum right-of-way, horizontal alignment, vertical alignment, sight
distance, curbs, curb radii, offsets, and street grades shall be in
accordance with the Chesapeake Beach Specifications and Design Standards
for Roads, Streets and Improvements." (See Appendix A.)
A.
All lots shall abut on a street.
B.
In general, side lot lines shall be at right angles or radial to
the street line.
C.
Lots excessively deep in relation to width or lots excessively irregular
in shape are to be avoided. A proportion of 2 1/2 in depth to
one in width shall be considered a proper maximum.
All street signs shall be provided and constructed in accordance
with the Chesapeake Beach Specifications and Design Standards for
Roads, Streets, and Improvements." (See Appendix A.[1])
[1]
Editor's Note: Appendix A is included at the end of this chapter.
All storm sewerage systems shall be provided and constructed
in accordance with the Chesapeake Beach Specifications and Design
Standards for Roads, Streets and Improvements." (See Appendix A.[1])
[1]
Editor's Note: Appendix A is included at the end of this chapter.
All public sanitary sewerage and public water supply systems
shall be provided and constructed in accordance with the Chesapeake
Beach Specifications and Design Standard for Roads, Streets and Improvements."
(See Appendix A.[1])
[1]
Editor's Note: Appendix A is included at the end of this chapter.
All sidewalks shall be provided and constructed in accordance
with the Chesapeake Beach Specifications and Design Standards for
Roads, Streets and Improvements." (See Appendix A.[1])
[1]
Editor's Note: Appendix A is included at the end of this chapter.
[Added 10-20-1988 by Ord. No. O-88-11; amended 12-20-1990 by Ord. No.
O-90-11]
In addition to other provisions of Chapter 290, Zoning, and these regulations, the following will apply to all subdivision of land located within the Town of Chesapeake Beach Critical Area Districts:
A.
The Buffer.
(1)
Where a tract of land bordering tidal water, wetlands, or tributary streams in the Critical Area District is to be subdivided and a Buffer exemption has not been granted by the Critical Area Commission, a Buffer of at least 100 feet shall be established in natural vegetation (except areas of the Buffer that are planted in native vegetation where necessary to protect, stabilize, or enhance the shoreline). No development including septic systems, impervious surfaces, parking areas, roads, or structures is permitted in the Buffer, except as may be necessarily associated with water-dependent facilities in accordance with Chapter 290, Zoning.
(2)
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. The Buffer shall be expanded by 10 feet
for a building restriction line, unless otherwise established on a
project-by-project basis. Where the Buffer is to be owned and maintained
by a homeowners' association 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 calculating gross
density.
(3)
The Buffer shall be extended according to the following rules:
(a)
In the case of contiguous steep slopes of greater than 15% or
more incline, the Buffer shall be expanded four feet for every 1%
of slope, or to the top of the slope, whichever is greater.
(b)
Where the site of the proposed land disturbance drains to the
Buffer not fully covered by forest or developed woodland, the Buffer
shall be extended to the upland limit of the adjacent hydric soils,
soils with hydric properties, and erodible soils.
(c)
The applicant may provide afforestation in the Buffer as an alternative to extending the Buffer to include hydric soils, soils with hydric properties, and erodible soils, provided that no area of hydric soils is classified as a nontidal wetland. Afforestation must be in accordance with Chapter 290, Zoning, Article IV, § 290-17H.
(4)
All roads, bridges, lots, and other development that crosses or is
are located adjacent to tributary streams in the Critical Area District
shall not be located in the Buffer and shall further:
(a)
Be designed in a manner to reduce increases in flood frequency
and severity.
(b)
Provide for the retention of natural streambed substrate.
(c)
Minimize adverse impacts to water quality and stormwater runoff.
(d)
Retain existing tree canopy in the Buffer adjacent to tributary
streams so as to maintain stream water temperature with normal variations.
(5)
Cutting or clearing of trees within the Buffer shall be prohibited
except as follows:
(a)
Commercial cutting of trees or clear-cutting is limited to selective
loblolly pine and tulip poplar to within 50 feet of the landward edge
of the mean high water line of tidal waters, perennial tributary streams
and tidal wetlands.
(b)
Commercial harvesting is prohibited in the Habitat Protection
Areas.
(c)
Commercial harvesting shall be conducted in conformance with
a Buffer Management Plan prepared by a registered professional forester
and approved by the Maryland Forest, Park and Wildlife Service. The
plan shall be required for all commercial harvests and shall contain
the following minimum requirements:
[1]
Disturbance to stream banks and shorelines shall be avoided;
and
[2]
Disturbed areas shall be replanted, or allowed to regenerate
in a manner that assures the availability of cover and breeding sites
for wildlife, and the disturbed area shall reestablish the wildlife
corridor function of the Buffer; and
[3]
The harvesting shall not involve the creation of logging roads
and skid trails within the Buffer.
(d)
Noncommercial cutting and clearing of trees within the Buffer
is permitted for the following purposes:
[1]
Cutting of trees or removal of natural vegetation may be permitted
where necessary to provide access to private piers, or to install
or construct a shore erosion protective device or measure, or a water-dependent
facility; provided, however, that the structures or facilities have
been permitted by appropriate state and federal agencies;
[2]
Individual trees may be cut for personal use, provided that
the Buffer functions are not impaired and all trees are replaced on
an equal basis for each tree cut;
[3]
Individual trees which are in danger of falling and causing
damage to dwellings or other structures, or which are in danger of
falling and thereby causing blockage of streams or accelerated shore
erosion, may be removed;
[4]
The health of individual trees may be maintained by the use
of horticultural practices; and
[5]
Other cutting techniques within the Buffer may be used if necessary
to preserve the forest from extensive pest or disease infestation
or threat of fire; provided, however, that such techniques are used
pursuant to the advice and guidance of the Departments of Agriculture
and Natural Resources.
(6)
No clearing or grading is permitted in the Buffer (nor on steep slopes
and hydric or highly erodible soils) other than for permitted agricultural
activities or permitted commercial or noncommercial forestry practices.
All such clearing or grading must be in accordance with an approved
grading permit.
B.
Rare species and habitat protection areas.
(1)
All subdivisions in the Critical Area District shall be subject to
the Rare Species Protection Plan (Section II of Program 9) and the
Plant and Wildlife Habitat Protection Plan (Plan 4 of Program 9) (the
"Habitat Protection Program") prescribed in the Town Critical Area
Protection Program.
(2)
The subdivision shall be designed to assure that those plant and
wildlife areas identified as Habitat Protection Areas are afforded
protection as prescribed in the criteria and guidelines in the Rare
Species Protection Plan and the Habitat Protection Program.
(3)
If the proposed development activity will occur within or adjacent
to the Rare Species Habitat Protection Areas, the developer must contact
the Maryland Natural Heritage Program for assistance in establishing
species-/site-specific protection measures. The following requirements
must be met:
(a)
The developer shall designate protection areas around the essential
habitat of the rare species. Development activities or other disturbances
shall be prohibited in the protection area, unless it can be shown
that these activities or disturbances will not have or cause adverse
impact on the habitat. The protection area designation will be made
with input from the Maryland Natural Heritage Program and the Maryland
Forest, Park and Wildlife Service.
(b)
The developer shall implement design strategies that work to
protect the rare species and essential habitat. These strategies should
include (but are not limited to) restrictions on siting of structures,
use of cluster design, establishment of undisturbed open space areas,
restrictive covenants, and restrictions on noise levels and timing
of construction activities.
(4)
With respect to all Habitat Protection Areas, the following requirements
must be met:
(a)
The developer must identify areas of riparian habitat and large
forested areas.
(b)
A trained professional experienced in ornithology and standardized
biological survey techniques must determine the presence of interior
dwelling bird habitat, unless the Maryland Forest, Park and Wildlife
Service has already determined that such habitat is not present on
the property. Survey results must be reviewed and approved by the
Maryland Forest, Park and Wildlife Service.
(c)
A plan must be developed to ensure that riparian areas and large
forested areas supporting interior dwelling species are protected
and conserved. The objective of the plan must be to protect wildlife
that inhabits or uses these areas. The developer must submit a plan
prepared in conjunction with the Maryland Forest, Park and Wildlife
Service and technical assistance from the Bay Watershed Forester.
The plan should include such protective measures as:
[1]
Cluster development disturbance to the periphery of the site.
[2]
Retaining the continuous cover of canopy and understory trees.
[3]
Minimizing small clearings and expansion of forest edge habitat.
[4]
Retaining standing dead trees (snags).
[5]
Minimizing disturbance during the May through August breeding
season.
(d)
The developer must submit, with the plan referenced in Subsection B(4)(c) above, a Habitat Protection Area checklist in the form attached hereto as Appendix H.[1]
[1]
Editor's Note: Appendix H is included at the end of this chapter.
(e)
Prior to approval of the proposed protection measures, a public
hearing will be held, if deemed appropriate, to consider comments
on the proposed protection plan for Rare Species and Habitat Protection
Areas.
(5)
With respect to Habitat Protection Areas, the following criteria
apply:
(a)
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 Habitat
Protection Areas, the applicant shall demonstrate how impacts to habitats
have been minimized and that no feasible alternative location of such
infrastructure exists.
(b)
Lots and open space areas in a subdivision shall incorporate
a wildlife corridor system designed to provide for maintenance of
existing wildlife and plant habitats and continuity with those wildlife
and plant habitats on adjacent properties. Existing wildlife corridors
shall be identified on proposed development plans. 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 property.
(c)
Dredged spoil from water-dependent facilities shall not be placed
in Habitat Protection Areas, except for:
(d)
Commercial or noncommercial tree cutting or clearing of existing natural vegetation in the Buffer is not permitted except as provided in Subsection A(5) above.
(e)
Agricultural activities, including the grazing of livestock,
shall not disturb Habitat Protection Areas.
C.
Vegetation.
(1)
The applicant shall delineate those site areas not covered by impervious
surfaces to be maintained or established in vegetation. Where vegetation
is not proposed, the applicant shall demonstrate why plantings for
such portions of the site are impracticable. Types of planting and
vegetation proposed shall be in accordance with guidelines established
in as part of the Town Critical Area Protection Program.
(2)
Land to be subdivided shall be designed and improved in reasonable
conformity to existing topography, in order to minimize grading, cut
and fill, and to retain, insofar as possible, the natural contours,
minimize stormwater runoff, and conserve the natural cover and soil.
No soil, sand, or gravel shall be removed from any lots shown on any
subdivision plat, except in accordance with the provisions of a sediment
control plan approved by the Planning and Zoning Commission as part
of the submittals required hereunder.
(3)
Development and redevelopment in the Critical Area District are encouraged
to increase natural vegetation on the development site.
D.
Stormwater management.
(1)
The applicant shall be required to identify the stormwater management
practices appropriate to the development that achieve the following
standards:
(a)
In areas designated as IDAs on the Town Critical Area Map, the
applicant shall demonstrate that the stormwater management practices
achieve a ten-percent reduction of predevelopment pollutant loadings
(See the Stormwater Management Ordinance for computation methodology.);
and
(b)
Limitations on stormwater runoff to a lower volume or rate than
would have resulted predevelopment from a ten-year storm.
(2)
In the event that the stormwater management practices do not achieve
the ten-percent reduction in predevelopment pollutant loadings, then
offsets shall be provided. Offsets may be either on-site or off-site,
provided they meet the requirements of this chapter and the Stormwater
Management Ordinance.[2]
E.
Impervious surfaces. Impervious surfaces in subdivisions located
in LDAs and RCAs of the Critical Area District shall be limited to
15% of the gross lot area, except in the following three instances
it may be increased to 25% of the gross lot area:
[Amended 9-4-1991 by Ord. No. O-91-5]
(1)
For a parcel or a lot of 1/2 acre or less in size that was in residential
use or zoned for residential purposes on or before December 1, 1985;
(2)
For a parcel or a lot of 1/4 acre or less in size that was a nonresidential
use (i.e., commercial, industrial, institutional) on or before December
1, 1985; and
(3)
For a lot of one acre or less in size, as a part of a subdivision
approved after December 1, 1985, impervious surfaces of the lot may
not exceed 25% and the total impervious surface of the entire subdivision
may not exceed 15%.
F.
Forestation and afforestation. Subdivisions located in LDAs and RCAs
are required to meet the following minimum standards for forest and
developed woodlands. Forest and developed woodlands as defined in
these regulations shall be created or protected in accordance with
the following:
(1)
When no forest exists on the property, at least 15% of the gross
site area shall be afforested. The location of the afforested area
should be designed to reinforce protection to site habitats or provide
connections between forested areas when they are present on adjacent
properties.
(2)
When forests or developed woodland exist on the property and the
proposed development requires the cutting or clearing of trees, the
applicant shall submit plans for development and areas to be cleared
to the Maryland Forest, Park and Wildlife Service for comments and
recommendations and shall transmit such comments and recommendations
to the Planning and Zoning Commission. A grading permit shall be obtained
prior to any clearing or cutting associated with proposed development.
In addition, cutting or clearing shall be subject to the following
requirements for replacement.
(3)
All forest cleared or developed shall be replaced on not less than
an equal area either on the property or on an alternative property
approved by the Public Works Administrator. When the actual development
pad is created and cleared, and areas are reforested or afforested
to the extent possible, a forest area shall continue to be considered
a developed woodland and no replacement shall be required.
(4)
No more than 20% of the forested or developed woodland within the
site proposed for development may be removed, and the remaining 80%
shall be maintained as forest cover through the use of appropriate
instruments (e.g., recorded restrictive covenants). Removal of forest
or developed woodland cover in the Buffer is prohibited.
(5)
Clearing of forest or developed woodlands up to 20% shall be replaced
on an area basis of one to one. A developer may propose clearing up
to 30% of the forest or developed woodland on a property, but the
trees removed in excess of 20% must be replaced at the rate of 1.5
times the amount removed either on the property or on another property
approved by the Planning and Zoning Commission.
(6)
If more than 30% of the forest on a property is cleared, the forest
is required to be replanted at three times the area removed.
(7)
If the cutting of forests occurs before a grading permit is obtained, the forest shall be replaced according to Subsection F(6) above.
(8)
A Forest Management Plan must be submitted to the Town for all timber
harvesting occurring in the Critical Area in a one-year interval and
affecting one or more acres of forest or developed woodland. The Forest
Management Plan must meet the following requirements:
(a)
The Forest Management Plan must be prepared by a registered
professional forester.
(b)
The consulting or industrial forester shall incorporate the
Department of Natural Resources' minimum standards into his proposal.
(c)
The plan must include a forest management map (including identification
of Habitat Protection Areas); water quality recommendations; proposed
silvicultural methods; sediment and erosion control techniques; and
recommendations for providing continuity of wildlife habitat.
G.
Nontidal wetlands. All subdivisions in the Critical Area District
shall be subject to the Nontidal Wetlands Protection Plan (Section
II of Program 9 of the Town Critical Area Program), and any proposal
for development or redevelopment in the Critical Area District shall
meet the following criteria:
(1)
The developer must identify all nontidal wetlands on the site.
(2)
A minimum twenty-five-foot buffer must be maintained around all nontidal
wetlands. Development activities or other activities which may disturb
the wetlands or wildlife contained therein shall be prohibited unless
it can be shown that these activities will not adversely affect the
wetland. (This requirement does not apply to the grazing of livestock
in nontidal wetlands.)
(3)
Development activities or other land disturbances in the wetland
drainage area must be designed to minimize alterations to the surface
or subsurface flow of water into and from the wetland and shall not
cause impairment of the water quality of the plant and wildlife and
habitat values of the wetlands.
(4)
If the proposed development activity is water-dependent, of substantial
economic benefit or will cause unavoidable and necessary impacts to
the wetlands, then a mitigation plan must be prepared by the developer.
Activities requiring a mitigation plan include, but are not limited
to, development activities, permitted tree cutting operations and
permitted agricultural activities. The mitigation plan must meet the
following requirements:
(a)
The developer must submit to the Town the checklist for nontidal
wetlands protection in the form attached hereto as Appendix I.[3]
[3]
Editor's Note: Appendix I is included at the end of this chapter.
(b)
The mitigation plan must specify measures that will provide
water quality benefits and plant and wildlife habitat equivalents
to the wetland destroyed or altered, and mitigation shall be accomplished,
to the extent possible, on-site or near the affected wetland.
(c)
For all nonagricultural activities, comments must be obtained
from the Maryland Department of Natural Resources and, where appropriate,
the Maryland Department of the Environment, the Maryland Department
of Agriculture, the Soil Conservation Service and the U.S. Fish and
Wildlife Service.
(d)
For agricultural operations, the Soil Conservation District
and the Maryland Department of Natural Resources must be contacted
to determine whether mitigation plans are sufficient to accomplish
the objectives stated above. Agricultural drainage operations conducted
pursuant to Agricultural Article, § 8-603, Annotated Code
of Maryland, shall provide mitigation consistent with regulations
developed pursuant to that article.
(e)
Copies of all permits from the U.S. Army Corps of Engineers
and the State of Maryland must be submitted to the Town prior to project
approval.
(f)
A cost estimate approved by the Town Engineer must be submitted
to the Town with the mitigation plan.
(g)
The Town will require a surety or bond in the amount of 125%
of the cost estimate to ensure that the plan is implemented.
(h)
Prior to Town approval, a public hearing will be held, if deemed
appropriate, to consider comments on protection measures proposed
for wetlands within the Town's jurisdiction.
