For all development activities in the Limited Development Areas,
the applicant shall identify any environmental or natural feature
described below, and shall meet all of the following standards:
A.
Development and redevelopment shall be subject to the water-dependent
facilities requirements of this chapter.
B.
Roads, bridges, and utilities are prohibited in a Habitat Protection
Area unless no feasible alternative exists. If a road, bridge, or
utility is authorized, the design, construction and maintenance shall:
C.
All development activities that must cross or affect streams shall
be designed to:
(1)
Reduce increases in flood frequency and severity that are attributable
to development;
(2)
Retain tree canopy so as to maintain stream water temperature within
normal variation;
(3)
Provide a natural substrate for stream beds; and
(4)
Minimize adverse water quality and quantity impacts of stormwater.
D.
If there is a wildlife corridor system identified by the Wildlife
Heritage Service on or near the site which can be enhanced by additional
plantings, the applicant shall incorporate a wildlife corridor system
that connects the largest undeveloped or most vegetative tracts of
land within and adjacent to the site in order to provide continuity
of existing wildlife and plant habitats with off-site habitats. The
wildlife corridor system may include Habitat Protection Areas identified
in this chapter. Princess Anne shall ensure the maintenance of the
wildlife corridors by requiring the establishment of conservation
easements, restrictive covenants, or similar instruments approved
by the Town Attorney through which the corridor is preserved by public
or private groups, including homeowners' associations, nature
trusts and other organizations, if present.
E.
Development on slopes 15% or greater, as measured before development,
shall be prohibited unless the project is the only effective way to
maintain or improve the stability of the slope and is consistent with
the policies and standards for Limited Development Areas.
F.
Except as otherwise provided in this subsection, for stormwater runoff,
lot coverage is limited to 15% of a lot or parcel or any portions
of a lot or parcel that are designated Limited Development Area.
(1)
If a parcel or lot of 1/2 acre or less in size existed on or before
December 1, 1985, then lot coverage is limited to 25% of the parcel
or lot.
(2)
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 lot coverage is limited
to 15% of the parcel or lot.
(3)
If an individual lot one acre or less in size is part of a subdivision
approved after December 1, 1985, then lot coverage may exceed 15%
of the individual lot; however, the total lot coverage for the entire
subdivision may not exceed 15%.
(4)
Lot coverage limits provided in Subsection F(1) and (2) above may be exceeded upon findings by the Planning Commission or its designee that the following conditions exist:
(a)
The lot or parcel is legally nonconforming. A lot or parcel
legally developed as of July 1, 2008, may be considered legally nonconforming
for the purposes of lot coverage requirements.
(b)
Lot coverage associated with new development activities on the
property have been minimized.
(c)
For a lot or parcel 1/2 acre or less in size, total lot coverage does not exceed the lot coverage limits in Subsection F(1) by more than 25% or 500 square feet, whichever is greater.
(d)
For a lot or parcel greater than 1/2 acre and less than one acre in size, total lot coverage does not exceed the lot coverage limits in Subsection F(2) or 5,445 square feet, whichever is greater.
(e)
|
Table § 61-7F(4)(e)
| ||
|---|---|---|
|
Lot Coverage Limits
| ||
|
Lot/Parcel Size
(square feet)
|
Lot Coverage Limit
| |
|
0 – 8,000
|
25% of parcel plus 500 square feet
| |
|
8,001 – 21,780
|
31.25% of parcel
| |
|
21,780 – 36,300
|
5,445 square feet
| |
|
36,301 – 43,560
|
15% of parcel
| |
(5)
If the Planning Commission or its designee makes the findings set forth in Subsection F(4) above and authorizes an applicant to use the lot coverage limits set forth in that subsection, the applicant shall:
(a)
Demonstrate that water quality impacts associated with runoff
from the development activities that contribute to lot coverage have
been minimized through site design considerations or the use of best
management practices to improve water quality; and
(b)
Provide on-site mitigation in the form of plantings to offset
potential adverse water quality impacts from the development activities
resulting in new lot coverage. The plantings shall be equal to two
times the area of the development activity.
(c)
If the applicant cannot provide appropriate stormwater treatment
and plantings due to site constraints, then the applicant shall pay
a fee to Princess Anne in lieu of performing the on-site mitigation.
The amount of the fee shall be $1.50 per square foot of the required
mitigation.
G.
The alteration of forest and developed woodlands shall be restricted
and shall be mitigated as follows:
(1)
The total acreage in forest and developed woodlands within Princess
Anne in the Critical Area shall be maintained or preferably increased.
(2)
All forests and developed woodlands that are allowed to be cleared
or developed shall be replaced in the Critical Area on not less than
an equal area basis.
(3)
If an applicant is authorized to clear more than 20% of a forest
or developed woodlands on a lot or parcel, the applicant shall replace
the forest or developed woodlands at 1.5 times the areal extent of
the forest or developed woodlands cleared, including the first 20%
of the forest or developed woodlands cleared.
(4)
An applicant may not clear more than 30% of a forest or developed
woodlands on a lot or parcel, unless the Board of Appeals grants a
variance and the applicant replaces forest or developed woodlands
at a rate of three times the areal extent of the forest or developed
woodlands cleared.
(5)
If an applicant is authorized to clear any percentage of forest or
developed woodlands associated with a subdivision or a site plan approval,
the remaining percentage shall be maintained through recorded, restrictive
covenants or similar instruments approved by Princess Anne.
H.
The following are required for forest or developed woodlands clearing as required in Subsection G above:
(1)
The applicant shall ensure that any plantings that die within 24 months of installation shall be replaced. A performance bond in an amount determined by Princess Anne shall be posted to assure satisfactory replacement as required in Subsection G above and plant survival.
(2)
A permit issued by Princess Anne before forest or developed woodlands
is cleared. Clearing forests and developed woodlands which have been
cleared before obtaining a Princess Anne permit is a violation; and
forests and developed woodlands cleared before obtaining a Princess
Anne permit shall be replanted at three times the areal extent of
the cleared forest or developed woodlands.
(3)
Clearing of forest or developed woodlands that exceed the maximum area allowed in Subsection G above shall be replanted at three times the areal extent of the cleared forest or developed woodlands.
(4)
If the areal extent of the site limits the application of the reforestation
standards in this section, the applicant may be allowed to plant off
site at the required ratio or pay a fee in lieu of planting at a rate
of $1.50 per square foot.
I.
If no forest is established on proposed development sites, these
sites shall be planted to provide a forest or developed woodlands
cover of at least 15%.
(1)
The applicant shall designate, subject to the approval of the Town
of Princess Anne, a new forest area on a part of the site not forested;
and
(2)
The afforested area shall be maintained as forest cover through easements,
restrictive covenants or other protective instruments approved by
the Princess Anne Town Attorney.
