[HISTORY: Adopted by the Mayor and Council
of the Town of Snow Hill 2-14-2012 by Ord. No. 2011-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 31.
Floodplain management — See Ch. 89.
Forest conservation — See Ch. 92.
Sediment control — See Ch. 144.
Stormwater management — See Ch. 158.
Subdivision of land — See Ch. 166.
Zoning — See Ch. 200.
[1]
Editor’s Note: This ordinance also repealed former Ch.
72, Critical Areas, adopted 12-12-1989 by Ord. No. 1989-4, as amended.
A.
Goals. The goals of the Snow Hill Critical Area Ordinance are to
accomplish the following:
(1)
Minimize adverse impacts on water quality that result from pollutants
that are discharged from structures or run off from surrounding lands;
(2)
Conserve fish, wildlife, and plant habitat; and
(3)
Establish land use policies for development in the Critical Area
which accommodate growth as well as address the environmental impacts
that the number, movement, and activities of people may have on the
area.
B.
C.
Regulated activities and applicability. Any applicant for a permit
or license to pursue activities within the Critical Area, including,
but not limited to, development or redevelopment, grading, sediment
and erosion control, timber harvesting, shoreline erosion control,
installation of a septic system and drain field, operation of a waste
collection or disposal facility, operation of a commercial or private
marina or other water-related commercial or industrial operation (whether
public or private), mining (whether surface or subsurface) or quarrying,
farming or other agriculture-related activities shall have such permits
or licenses issued by the designated local approving authority after
review to determine compliance with the Snow Hill Critical Area Ordinance.
D.
Critical Area Overlay District Map.
(1)
The Official Critical Area Overlay District Map is maintained in
force as part of the Official Zoning Map for Snow Hill.[3] The Official Critical Area Map delineates the extent of
the Critical Area Overlay District that shall include:
(a)
All waters of and lands under the Chesapeake Bay and its tributaries
to the head of tide as indicated on the state wetland maps and all
state and private wetlands designated under Title 16 of the Environment
Article of the Annotated Code of Maryland; and
(b)
All land and water areas within 1,000 feet beyond the landward
boundaries of state or private wetlands and the heads of tides designated
under Title 16 of the Environment Article of the Annotated Code of
Maryland.
[3]
Editor's Note: The Zoning Map is on file in the Town
offices.
(3)
The Critical Area Overlay District Map may be amended by the Mayor
and Town Council in compliance with amendment provisions in this chapter,
the Maryland Critical Area Law, COMAR Title 27, and other applicable
provisions of the Town of Snow Hill Code.
E.
General requirements.
(1)
Development and redevelopment shall be subject to the habitat protection
area requirements prescribed in this chapter.
(2)
Reasonable accommodations for the needs of disabled citizens.
(a)
An applicant seeking relief from the Critical Area standards
contained in this chapter in order to accommodate the reasonable needs
of disabled citizens shall have the burden of demonstrating by a preponderance
of evidence the following:
[1]
The relief from the Critical Area standards sought by the applicant
will benefit person(s) with a disability within the meaning of the
Americans with Disabilities Act ("ADA") and related federal regulations;
[2]
Strict and literal enforcement of the provisions of this chapter
would violate the ADA or deprive a disabled resident or user of the
reasonable use and enjoyment of the property;
[3]
A reasonable accommodation would restore the disabled resident's
or user's reasonable use or enjoyment of the property;
[4]
The accommodation requested will not substantially impair the
purpose, intent, or effect of the provisions of this chapter as applied
to the property; and
[5]
The accommodation would be environmentally neutral with no greater
negative impact on the environment than the literal enforcement of
the statute, ordinance, regulation or other requirement; or would
allow only the minimum environmental changes necessary to address
the needs resulting from the particular disability of the applicant/appellant.
(b)
An applicant seeking relief from the Critical Area standards
contained in this chapter in order to accommodate the reasonable needs
of disabled citizens shall submit a written request for such relief
to the Town. The Planning Commission shall, after a hearing, determine
the nature and scope of any accommodation or relief from the Critical
Area Ordinance to be afforded to an applicant pursuant to this subsection
and may award different or other relief than requested after giving
due regard to the purpose, intent, or effect of the applicable provisions
of this chapter. The Planning Commission may also consider the size,
location, and type of accommodation proposed and whether alternatives
exist which accommodate the need with less adverse effect.
(c)
The Planning Commission may require, as a condition of approval,
that upon termination of the need for accommodation, that the property
be restored to comply with all applicable provisions of this chapter.
Appropriate bonds may be collected or liens placed in order to ensure
Snow Hill's ability to restore the property should the applicant
fail to do so.
Development standards: For all development activities in the
Intensely Developed Areas, the applicant shall identify any environmental
or natural feature described below and meet all of the following standards:
A.
Development activities shall be designed and implemented to minimize
destruction of forest and woodland vegetation;
B.
All 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.
All development and redevelopment activities shall include stormwater
management technologies that reduce pollutant loadings by at least
10% below the level of pollution on the site prior to development
or redevelopment as provided in Critical Area 10% Rule Guidance Manual
— Fall 2003 and as may be subsequently amended.
Development standards: 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 offsite habitats. The
wildlife corridor system may include habitat protection areas identified
in this chapter. Snow Hill 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 F(4)(e) Lot Coverage Limits
| ||
|---|---|---|
|
Lot/Parcel Size
(square feet)
|
Lot Coverage Limit
| |
|
0 to 8,000
|
25% of parcel + 500 square feet
| |
|
8,001 to 21,780
|
31.25% of parcel
| |
|
21,780 to 36,300
|
5,445 square feet
| |
|
36,301 to 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 Snow Hill 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 Snow Hill
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 Snow Hill.
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 Snow Hill shall be posted to assure satisfactory replacement as required in Subsection G above and plant survival;
(2)
A permit issued by Snow Hill before forest or developed woodlands
is cleared. Clearing forests and developed woodlands before obtaining
a Snow Hill permit is a violation; any forests and developed woodlands
cleared before obtaining a Snow Hill 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 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 Snow Hill, 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 Snow Hill Town Attorney.
Development standards: For all development activities and resource
utilization in the Resource Conservation Areas, the applicant shall
meet all of the following standards:
A.
Land use management practices shall be consistent with the policies
and criteria for the habitat protection area provisions of this chapter.
B.
Land within the Resource Conservation Area may be developed for residential
uses at a density not to exceed one dwelling unit per 20 acres.
C.
Development activity within the Resource Conservation Areas shall
be consistent with the requirements and standards for Limited Development
Areas as specified in this chapter.
D.
Nothing in this section shall limit the ability of a participant
in any agricultural easement program to convey real property impressed
with such an easement to family members provided that no such conveyance
will result in a density greater than one dwelling unit per 20 acres.
A.
Permitted uses: Permitted uses in the Critical Area shall be limited to those uses allowed by the underlying zoning classification as modified by Table A and the supplemental use standards in § 72-6, provided such uses meet all standards established by the Critical Area Overlay Zone.
|
Table A Permitted Uses
| |
|
LEGEND:
| |
|
P = Permitted if allowed in the underlying zoning district
| |
|
PC = Permitted with conditions if allowed in the underlying
zoning district
| |
|
NP = Not permitted
|
|
Land Use
Management
Designation
| |||||
|---|---|---|---|---|---|
|
Item
|
Use Description
|
IDA
|
LDA
|
RCA
| |
|
1.00
|
Residential
| ||||
|
1.10
|
Accessory dwelling unit
|
P
|
P
|
PC
| |
|
2.00
|
Institutional
| ||||
|
2.10
|
Existing institutional uses
|
P
|
P
|
PC
| |
|
2.20
|
New institutional uses
|
P
|
P
|
NP
| |
|
2.30
|
Cemetery
|
P
|
P
|
PC
| |
|
2.40
|
Group home
|
P
|
P
|
PC
| |
|
2.50
|
Day care
|
P
|
P
|
PC
| |
|
3.00
|
Commercial
| ||||
|
3.10
|
Existing commercial uses
|
P
|
P
|
PC
| |
|
3.20
|
New commercial uses
|
P
|
P
|
NP
| |
|
3.30
|
Home occupation
|
P
|
P
|
PC
| |
|
3.40
|
Bed-and-breakfast facility
|
P
|
P
|
PC
| |
|
4.00
|
Maritime/water dependent
| ||||
|
4.10
|
Expansion of existing commercial marinas
|
P
|
P
|
PC
| |
|
4.20
|
New marina, commercial
|
P
|
P
|
NP
| |
|
4.30
|
Community piers and noncommercial boat docking and storage
|
P
|
P
|
PC
| |
|
4.40
|
Public beaches and public water-oriented recreational and educational
areas
|
P
|
P
|
PC
| |
|
4.50
|
Research areas
|
P
|
P
|
PC
| |
|
4.60
|
Fisheries activities
|
P
|
P
|
P
| |
|
4.70
|
Structures on piers
|
PC
|
PC
|
PC
| |
|
4.80
|
Private pier
|
P
|
P
|
P
| |
|
5.00
|
Recreation
| ||||
|
5.10
|
Golf course
|
P
|
P
|
PC
| |
|
6.00
|
Industrial
| ||||
|
6.10
|
Existing industrial uses
|
P
|
P
|
PC
| |
|
6.20
|
New industrial uses
|
PC
|
PC
|
NP
| |
|
6.30
|
Non-maritime heavy industry
|
PC
|
NP
|
NP
| |
|
7.00
|
Transportation/parking/
communications/utilities
| ||||
|
7.10
|
Utility transmission facilities
|
PC
|
PC
|
PC
| |
|
8.00
|
Public/quasi-public
| ||||
|
8.10
|
Sanitary landfill; rubble fill
|
PC
|
PC
|
PC
| |
|
8.20
|
Solid or hazardous waste collection or disposal facilities
|
PC
|
PC
|
PC
| |
|
8.30
|
Sludge facilities
|
PC
|
PC
|
PC
| |
|
9.00
|
Other (Reserved)
| ||||
B.
Maximum permitted density.
(1)
The maximum permitted density in the Snow Hill Critical Area shall
be as shown in Table B(1).
|
Table B(1)
Maximum Residential Density (Dwelling Units Per Acre)
| |||
|---|---|---|---|
|
Land Use Management Designation
| |||
|
IDA
|
LDA
|
RCA
| |
|
Density permitted by
underlying zoning
|
Density permitted by underlying zoning
|
1 dwelling unit per 20 acres
| |
(2)
Calculation of one-in-twenty-acre density of development. In calculating
the one-in-twenty-acre density of development that is permitted on
a parcel located within the Resource Conservation Area, Snow Hill:
(a)
Shall count each dwelling unit;
(b)
May permit the area of any private wetlands located on the property
to be included under the following conditions:
[1]
The density of development on the upland portion of the parcel
may not exceed one dwelling unit per eight acres; and
[2]
The area of private wetlands shall be estimated on the basis
of vegetative information as designated on the state wetlands maps
or by private survey approved by Snow Hill, the Critical Area Commission,
and the Maryland Department of the Environment.
The following supplemental use standards apply to the permitted
uses listed in Table A[1] above and shall apply when the permitted use is allowed
in the underlying zoning district.
A.
Accessory dwelling unit.
(1)
If a permitted use in the underlying zoning district, one additional
dwelling unit (accessory dwelling unit) as part of a primary dwelling
unit may be permitted in the Resource Conservation Area, provided
the additional dwelling unit is served by the same sewage disposal
system as the primary dwelling unit, and:
(a)
Is located within the primary dwelling unit or its entire perimeter
is within 100 feet of the primary dwelling unit and does not exceed
900 square feet in total enclosed areas; or
(b)
Is located within the primary dwelling unit and does not increase
the amount of lot coverage already attributed to the primary dwelling
unit.
(2)
An additional dwelling unit meeting all of the provisions of this
section may not be subdivided or conveyed separately from the primary
dwelling unit; and
(3)
The provisions of this section may not be construed to authorize
the granting of a variance, unless the variance is granted in accordance
with the variance provisions contained herein.
B.
Existing institutional uses.
(1)
Existing institutional facilities, including those that directly
support agriculture, forestry, aquaculture or residential development
shall be allowed in Resource Conservation Areas.
C.
New institutional uses.
(1)
New institutional facilities and uses, except those specifically
listed in Table A, shall not be permitted in Resource Conservation
Areas.
(2)
Certain institutional uses may be permitted if allowed in the underlying
zoning district and if the use complies with all requirements for
such uses as provided in the Snow Hill Zoning Ordinance.[2] These institutional uses are limited to:
(a)
A cemetery that is an accessory use to an existing church; provided
man-made lot coverage is limited to 15% of the site or 20,000 square
feet, whichever is less;
(b)
A day-care facility in a dwelling where the operators live on
the premises and there are no more than eight children;
(c)
A group home or assisted-living facility with no more than eight
residents; and
(d)
Other similar uses determined by the municipality and approved
by the Critical Area Commission to be similar to those listed above.
D.
Existing commercial uses.
(1)
Existing commercial facilities and uses, including those that directly
support agriculture, forestry, aquaculture or residential development
shall be allowed in Resource Conservation Areas.
E.
New commercial uses.
(1)
New commercial uses, except those specifically listed in Table A,
shall not be permitted in Resource Conservation Areas.
(2)
Certain commercial uses may be permitted if allowed in the underlying
zoning district and if the use complies with all requirements for
such uses as provided in the Snow Hill Zoning Ordinance.[3] These commercial uses are limited to:
(a)
A home occupation as an accessory use on a residential property
and as provided for in Snow Hill's Zoning Ordinance;
(b)
A bed-and-breakfast facility located in an existing residential
structure and where meals are prepared only for guests staying at
the facility; and
(c)
Other uses determined by the municipality and approved by the
Critical Area Commission to be similar to those listed above.
F.
Expansion of existing commercial marinas.
(1)
Expansion of existing commercial marinas may be permitted within
Resource Conservation Areas, provided:
(a)
Water quality impacts are quantified and appropriate best management
practices that address impacts are provided;
(b)
That it will result in an overall net improvement in water quality
at or leaving the site of the marina;
(c)
The marina meets the sanitary requirements of the Maryland Department
of the Environment; and
(d)
Expansion is permitted under the nonconforming use provisions
of this chapter.
(2)
Expansion of existing commercial marinas may be permitted in the
buffer in the Intensely Developed Areas and Limited Development Areas,
provided that the applicant demonstrates:
(a)
The project meets a recognized private right or public need;
(b)
Adverse effects on water quality, fish, plant and wildlife habitat
are minimized;
(c)
Insofar as possible, non-water-dependent structures or operations
associated with water-dependent projects or activities are located
outside the buffer; and
(d)
Expansion is permitted under the nonconforming use provisions
of this chapter.
G.
New marina, commercial.
(1)
New commercial marinas shall not be permitted in Resource Conservation
Areas.
(2)
New commercial marinas may be permitted in Limited Development Areas
and Intensely Developed Areas if allowed in the underlying zoning,
provided:
(a)
New marinas shall establish a means of minimizing the discharge
of bottom wash waters into tidal waters.
(b)
New marinas meet the sanitary requirements of the Department
of the Environment.
(c)
New marinas may be permitted in the buffer in the Intensely
Developed Areas and Limited Development Areas, provided that it can
be shown:
[1]
The project meets a recognized private right or public need;
[2]
Adverse effects on water quality, fish, plant and wildlife habitat
are minimized; and
[3]
Insofar as possible, non-water-dependent structures or operations
associated with water-dependent projects or activities are located
outside the buffer.
H.
Community piers and noncommercial boat docking and storage.
(1)
New or expanded community marinas and other noncommercial boat-docking
and storage facilities may be permitted in the buffer subject to the
requirements in this chapter, provided that:
(a)
These facilities may not offer food, fuel, or other goods and
services for sale and shall provide adequate and clean sanitary facilities;
(b)
The facilities are community-owned and established and operated
for the benefit of the residents of a platted and recorded riparian
subdivision;
(c)
The facilities are associated with a residential development
approved by Snow Hill for the Critical Area and consistent with all
state requirements and the requirements of this chapter applicable
to the Critical Area;
(d)
Disturbance to the buffer is the minimum necessary to provide
a single point of access to the facilities; and
(e)
If community piers, slips, or moorings are provided as part
of the new development, private piers in the development are not allowed.
(2)
Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of Subsection H(2)(a) or (b) below:
(a)
One slip for each 50 feet of shoreline in the subdivision in
the Intensely Developed and Limited Development Areas and one slip
for each 300 feet of shoreline in the subdivision in the Resource
Conservation Area; or
(b)
A density of slips or piers to platted lots or dwellings within
the subdivision in the Critical Area according to the following schedule:
|
Table H(2)(b) Number of Slips Permitted
| ||
|---|---|---|
|
Platted Lots or Dwellings in the Critical Area
|
Slips
| |
|
Up to 15
|
1 for each lot
| |
|
16 to 40
|
15 or 75% whichever is greater
| |
|
41 to 100
|
30 or 50% whichever is greater
| |
|
101 to 300
|
50 or 25% whichever is greater
| |
|
Over 300
|
75 or 15% whichever is greater
| |
I.
Public beaches and public water-oriented recreational and educational
areas.
(1)
Public beaches or other public water-oriented recreation or education
areas including, but not limited to, publicly owned boat launching
and docking facilities and fishing piers, may be permitted in the
buffer in Intensely Developed Areas.
(2)
These facilities may be permitted within the buffer in Limited Development
Areas and Resource Conservation Areas, provided that:
(a)
Adequate sanitary facilities exist;
(b)
Service facilities are, to the extent possible, located outside
the buffer;
(c)
Permeable surfaces are used to the extent practicable, if no
degradation of groundwater would result;
(d)
Disturbance to natural vegetation is minimized; and
(e)
Areas for possible recreation, such as nature study, and hunting
and trapping, and for education, may be permitted in the buffer within
Resource Conservation Areas if service facilities for these uses are
located outside of the buffer.
J.
Research areas. Water-dependent research facilities or activities
operated by state, federal, or local agencies or educational institutions
may be permitted in the buffer, if non-water-dependent structures
or facilities associated with these projects are, to the extent possible,
located outside of the buffer.
K.
Fisheries activities. Commercial water-dependent fisheries including,
but not limited to, structures for crab shedding, fish off-loading
docks, shellfish culture operations and shore-based facilities necessary
for aquaculture operations and fisheries activities, may be permitted
in the buffer in Intensely Developed Areas, Limited Development Areas
and Resource Conservation Areas.
L.
Structures on piers. Except as provided in Subsection L(1), (2), and (3) below, construction of a dwelling unit or other non-water-dependent structure on a pier located on state or private tidal wetlands within the Critical Area is prohibited.
(1)
A building permit for a project involving the construction of a dwelling
unit or other non-water-dependent structure on a pier located on state
or private wetlands within the Critical Area may be approved, provided
a permit was issued by the Department of Natural Resources on or before
January 1, 1989.
(2)
A building permit for a project involving the construction of a dwelling
unit or other non-water-dependent structure on a pier located on state
or private wetlands within the Critical Area may be approved if the
following conditions exist:
(a)
The project is constructed on a pier that existed as of December
1, 1985, that can be verified by a Department of Natural Resources
aerial photograph dated 1985, accompanied by a map of the area;
(b)
The project does not require an expansion of the pier greater
than 25% of the area of piers or dry docks removed on the same property;
however, additional expansion may be allowed in the amount of 10%
of the water coverage eliminated by removing complete piers from the
same or other properties. If the horizontal surface of a pier to be
removed is not intact, but pilings identify its previous size, then
that area may be used in determining the additional expansion permitted.
The project expansion based on water coverage eliminated can be considered
only if all nonfunctional piers on the property are removed except
for the project pier. The total expansion may not exceed 35% of the
original size of the piers and dry docks removed; and
(c)
The project is located in an Intensely Developed Area.
(3)
A building permit for the repair of an existing dwelling unit or
other non-water-dependent structure on a pier located on state or
private wetlands within the Critical Area may be approved.
(4)
If a structure that is not water-dependent is permitted under the
exceptions included in this section, an applicant is required to demonstrate
that the project will meet the following environmental objectives
using the standards established herein:
(a)
The construction and operation of the project will not have
a long-term adverse effect on the water quality of the adjacent body
of water;
(b)
The quality of stormwater runoff from the project will be improved;
and
(c)
Sewer lines or other utility lines extended for the pier will
not affect the water quality of adjoining waters.
M.
Golf course. A golf course, excluding main buildings and/or structures
such as the clubhouse, pro-shop, parking lot, etc., may be permitted
in Resource Conservation Areas, provided:
N.
Existing industrial uses.
(1)
Existing industrial facilities and uses, including those that directly
support agriculture, forestry, or aquaculture, may be permitted in
Resource Conservation Areas.
O.
New industrial uses.
(1)
New industrial uses shall not be permitted in Resource Conservation
Areas.
(2)
New, expanded or redeveloped industrial facilities may only be permitted
in Limited Development Areas and Intensely Developed Areas if permitted
uses in the underlying zoning district and provided such facilities
meet all requirements for development in the Limited Development Areas
and Intensely Developed Areas.
(3)
New, expanded or redeveloped industrial or port-related facilities
and the replacement of these facilities may be permitted only in those
portions of Intensely Developed Areas that have been designated as
buffer Management Areas.
P.
Non-maritime heavy industry. Non-maritime heavy industry may be permitted
if:
Q.
R.
Sanitary landfill; rubble fill.
(1)
Sanitary landfills or rubble fills may not be permitted in the Critical
Area unless no environmentally acceptable alternative exists outside
the Critical Area, and these development activities or facilities
are needed in order to correct an existing water quality or wastewater
management problem.
(2)
Existing, permitted facilities shall be subject to the standards
and requirements of the Department of the Environment.
S.
Solid or hazardous waste collection or disposal facilities.
(1)
Solid or hazardous waste collection or disposal facilities, including
transfer stations, may not be permitted in the Critical Area unless
no environmentally acceptable alternative exists outside the Critical
Area, and these development activities or facilities are needed in
order to correct an existing water quality or wastewater management
problem.
(2)
Existing permitted facilities shall be subject to the standards and
requirements of the Department of the Environment.
T.
Sludge facilities.
(1)
Permanent sludge handling, storage and disposal facilities, other
than those associated with wastewater treatment facilities may be
permitted in the Critical Area, provided:
(2)
Agricultural or horticultural use of sludge under appropriate approvals
when applied by an approved method at approved application rates may
be permitted in the Critical Area, except in the one-hundred-foot
buffer.
B.
Growth Allocation Floating Zone District.
(1)
Purpose. The Growth Allocation Floating Zone is not mapped but is
designated for use in areas classified as Resource Conservation Areas
and/or Limited Development Area within the Snow Hill Critical Area
Overlay District. The purpose of the Floating Zone is to permit a
change in the land management classification established in the Critical
Area Overlay District on specific sites so that they may be developed
to the extent permitted by the underlying zoning classification or
the land use management classification. Only projects which have been
approved by the Mayor and Council for award of the Critical Area Growth
Allocation are eligible for the Floating Zone District.
C.
Standards. When locating new Intensely Developed or Limited Development
Areas, the following standards shall apply:
(1)
A new Intensely Developed Area shall only be located in a Limited
Development Area or adjacent to an existing Intensely Developed Area;
(2)
A new Limited Development Area shall only be located adjacent to
an existing Limited Development Area or an Intensely Developed Area:
(3)
New Intensely Developed Areas shall be at least 20 acres in size
unless:
(a)
They are contiguous to an existing Intensely Developed Area
or located in an Limited Development Area; or
(b)
They are a grandfathered commercial or industrial use, which
existed as of January 2, 1990. The amount of growth allocation deducted
shall be equivalent to the area of the entire parcel or parcels subject
to the growth allocation request.
(4)
No more than 1/2 of Snow Hill's growth allocation may be located in Resource Conservation Areas except as provided in Subsection C(9) below;
(5)
A new Limited Development Area or Intensely Developed Area shall
be located in a manner that it minimizes impacts to habitat protection
areas as defined herein and in COMAR 27.01.09 and in an area and manner
that optimizes benefits to water quality;
(6)
A new Intensely Developed Area shall only be located where it minimizes
impacts to the defined land uses of the Resource Conservation Area;
(7)
A new Intensely Developed Area or a Limited Development Area in a
Resource Conservation Area shall be located at least 300 feet beyond
the landward edge of tidal wetlands or tidal waters;
(8)
New Intensely Developed Areas or Limited Development Areas that are
to be located in Resource Conservation Areas shall conform to all
standards of this chapter for such areas, shall be so designated on
the Snow Hill Critical Area Maps and shall constitute an amendment
to this chapter subject to review and recommendation by the Planning
Commission, and the approval of the Mayor and Council and the Critical
Area Commission, as provided herein.
(9)
If Snow Hill is unable to utilize a portion of its growth allocation as set out in Subsection C(1) and (2) above within or adjacent to existing Intensely Developed or Limited Development Areas, then that portion of the growth allocation which cannot be so located may be located in the Resource Conservation Areas in addition to the expansion allowed in Subsection C(4) above under program measures specifically approved by the Critical Area Commission.
D.
Additional factors. In reviewing map amendments or refinements involving
the use of growth allocation, Snow Hill shall consider the following
factors:
(1)
Consistency with Snow Hill's adopted Comprehensive Plan and
whether the growth allocation would implement the goals and objectives
of the adopted plan. "Consistency with" means that a standard or factor
will further, and not be contrary to, the following items in the Comprehensive
Plan:
(2)
For a map amendment or refinement involving a new Limited Development
Area, whether the development is:
(4)
The use of existing public infrastructure, where practical;
(5)
Consistency with state and regional environmental protection policies
concerning the protection of threatened and endangered species and
species in need of conservation that may be located on site or off
site;
(6)
Impacts on a priority preservation area;
(7)
Environmental impacts associated with wastewater and stormwater management
practices and wastewater and stormwater discharges to tidal waters,
tidal wetlands, and tributary streams; and
(8)
Environmental impacts associated with location in a coastal hazard
area or an increased risk of severe flooding attributable to the proposed
development.
A.
Continuation of existing uses.
(1)
The continuation, but not necessarily the intensification or expansion,
of any use in existence on January 2, 1990, may be permitted, unless
the use has been abandoned for more than one year or is otherwise
restricted by existing municipal ordinances.
B.
Residential density on grandfathered lots. Except as otherwise provided,
the following types of land are permitted to be developed with a single-family
dwelling, if a dwelling is not already placed there, notwithstanding
that such development may be inconsistent with the density provisions
of this chapter.
(1)
A legal parcel of land, not being part of a recorded or approved
subdivision, that was recorded as of December 1, 1985;
(2)
Land that received a building permit subsequent to December 1, 1985,
but prior to January 2, 1990;
(3)
Land that was subdivided into recorded, legally buildable lots, where
the subdivision received final approval between June 1, 1984, and
December 1, 1985; or
(a)
Land that was subdivided into recorded, legally buildable lots,
where the subdivision received the final approval after December 1,
1985, and provided that either development of any such land conforms
to the Intensely Developed Area, Limited Development Area or Resource
Conservation Area requirements in this chapter or the area of the
land has been counted against the growth allocation permitted under
this chapter.
C.
Consistency. Nothing in this section may be interpreted as altering
any requirements of this chapter related to water-dependent facilities
or habitat protection areas.
A.
Applicability. In the event that, owing to special features of a
site or other circumstances, implementation of this chapter or a literal
enforcement of provisions within this chapter would result in unwarranted
hardship to an applicant, a Critical Area variance may be obtained.
(1)
In considering an application for a variance, Snow Hill shall presume
that the specific development activity in the Critical Area, that
is subject to the application and for which a variance is required,
does not conform with the general purpose and intent of Natural Resources
Article, Title 8, Subtitle 18, COMAR Title 27, and the requirements
of this chapter.
(2)
Unwarranted hardship means that without a variance, and by virtue
of the application of the provisions of this Critical Area Ordinance,
an applicant would be denied reasonable and significant use of the
entire parcel or lot for which the variance is requested.
B.
Standards. The circumstances and criteria to be considered for granting
such a variance shall include the following:
(1)
Special conditions or circumstances exist that are peculiar to the
land or structure involved such that a strict and literal enforcement
of provisions and requirements of this chapter would result in unwarranted
hardship;
(2)
A literal interpretation of the provisions of this chapter will deprive
the applicant of the use of the land or a structure thereon which
use is permitted as to others in accordance with the provisions of
this Critical Area ordinance;
(3)
The granting of a variance will not confer upon an applicant any
special privilege that would be denied by this Critical Area Ordinance
to other lands or structures within the Critical Area;
(4)
The variance request is not based upon conditions or circumstances
which are the result of conduct, acts or omissions of the applicant,
including but not limited to the commencement of development activity
before an application for a variance has been filed, nor does the
request arise from any condition relating to land or building use,
either permitted or nonconforming on any neighboring property; and
(5)
The granting of a variance shall not adversely affect water quality
or adversely impact fish, wildlife or plant habitat within the Critical
Area and the granting of the variance will be in harmony with the
general spirit and intent of the State Critical Area Law and this
chapter.
C.
Process. Applications for a variance will be made in writing to the
Town of Snow Hill Board of Appeals with a copy provided to the Critical
Area Commission. Snow Hill and the Board of Appeals shall follow the
Town's established procedures for advertising and notification
of affected landowners.
(1)
After hearing an application for a Critical Area Ordinance variance,
the Board of Appeals shall make written findings of fact and conclusions
reflecting analysis of each applicable standard.
(2)
If the variance request is based on conditions or circumstances that
are the result of conduct, acts, or omissions of the applicant, Snow
Hill shall consider that fact.
D.
Findings. Based on competent and substantial evidence, the Board of Appeals shall make written findings as to whether the applicant has overcome the presumption of nonconformance as established in Subsection A above, and if applicable Subsection B above. With due regard for the person's technical competence, and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:
E.
Appeals. Appeals from decisions concerning the granting or denial
of a variance under these regulations shall be taken in accordance
with all applicable laws and procedures of Snow Hill for variances.
Variance decisions by the Board of Appeals may be appealed to the
Circuit Court in accordance with the Town Code, Maryland Rules of
Procedure, and other applicable law. Appeals may be taken by any person,
firm, corporation or governmental agency aggrieved or adversely affected
by any decision made under this chapter.
F.
Conditions and mitigation. The Board of Appeals shall impose conditions
on the use or development of a property which is granted a variance
as it may find reasonable to ensure that the spirit and intent of
this chapter is maintained, including, but not limited to, the following:
(1)
Adverse impacts resulting from the granting of the variance shall
be mitigated as recommended by the appropriate local body or approving
authority, but not less than by planting on the site per square foot
of the variance granted at no less than a three-to-one basis.
(2)
New or expanded structures or lot coverage shall be located the greatest
possible distance from mean high water, the landward edge of tidal
wetlands, tributary streams, nontidal wetlands, or steep slopes.
G.
Critical Area Commission notification. Within 10 working days after
a written decision regarding a variance application is issued, a copy
of the decision will be sent to the Critical Area Commission. Snow
Hill may not issue a permit for the activity that was the subject
of the application until the applicable thirty-day appeal period has
elapsed.
A.
Applicability. The provisions of this section apply to a consolidation
or a reconfiguration of any nonconforming legal grandfathered parcel
or lot. These provisions do not apply to the reconfiguration or consolidation
of parcels or lots which are conforming or meet all Critical Area
requirements. Nonconforming parcels or lots includes:
B.
Procedure. An applicant seeking a parcel or lot consolidation or
reconfiguration shall provide the information required in COMAR 27.01.02.08E
to Snow Hill.
(1)
The Town of Snow Hill may not approve a proposed parcel or lot consolidation
or reconfiguration without making written findings in accordance with
COMAR 27.01.02.08F.
(2)
The Town of Snow Hill shall issue a final written decision or order
granting or denying an application for a consolidation or reconfiguration.
After a final written decision or order is issued, Snow Hill shall
send a copy of the decision or order and a copy of any approved development
plan within 10 business days by United States mail to the Critical
Area Commission's business address.
A.
Amendments. The Mayor and Council of Snow Hill may from time to time
amend the provisions of this Critical Area Ordinance. Changes may
include, but are not limited to, amendments, revisions, and modifications
to these Critical Area regulations, Critical Area Maps, implementation
procedures, and local policies that affect Snow Hill's Critical
Area. All such amendments, revisions, and modifications shall also
be approved by the Critical Area Commission as established in § 8-1809
of the Natural Resources Article of the Annotated Code of Maryland.
No such amendment shall be implemented without approval of the Critical
Area Commission. Standards and procedures for Critical Area Commission
approval of proposed amendments are as set forth in the Critical Area
Law § 8-1809(i) and (d), respectively.
B.
Zoning Map amendments. Except for ordinance amendments or ordinance
refinements developed during a six-year comprehensive review, a Zoning
Map amendment may only be granted by the Mayor and Council of Snow
Hill upon proof of a mistake in the existing zoning. This requirement
does not apply to proposed changes to a Zoning Map that meet the following
criteria:
C.
Process.
(1)
When an amendment is requested, the applicant shall submit the amendment
to the Planning Commission for review and recommendation. Upon completing
findings of fact, these documents shall be forwarded to the Mayor
and Council of Snow Hill.
(2)
The Mayor and Council of Snow Hill shall hold a public hearing at
which parties of interest and citizens shall have an opportunity to
be heard. At least 14 days' notice of the time and place of such
hearing shall be published in a newspaper of general circulation in
Snow Hill.
(3)
After the Mayor and Council approves an amendment, it shall forward
its decision and applicable resolutions along with the amendment request
to the Critical Area Commission for final approval.
A.
Consistency. The Critical Area provisions of this chapter, in accordance
with the Critical Area Act and Criteria supersede any inconsistent
law, chapter or plan of the Town of Snow Hill. In the case of conflicting
provisions, the stricter provisions shall apply.
B.
Violations.
(1)
No person shall violate any provision of this chapter. Each violation
that occurs and each calendar day that a violation continues shall
be a separate offense.
(2)
Each person who violates a provision of this chapter shall be subject
to separate administrative civil penalties, abatement and restoration
orders, and mitigation for each offense.
(3)
Noncompliance with any permit or order issued by Snow Hill related
to the Critical Area shall be a violation of this chapter and shall
be subject to enforcement as provided herein.
C.
Responsible persons. The following persons may each be held jointly
or severally responsible for a violation:
(1)
Persons who apply for or obtain any permit or approval;
(2)
Contractors acting on behalf of or pursuant to a contractual or other
business relationship with property owners;
(3)
Subcontractors acting on behalf of or pursuant to a contractual or
other business relationship with property owners or their contractors;
(4)
Property owners;
(5)
Owners, managing agents, general partners, and principals of property
owners which are partnerships, corporations, limited liability companies
or other business entities; or
(6)
Any person who has committed, assisted, or participated in the violation.
D.
Required enforcement action. In the case of violations of this chapter,
Snow Hill shall take enforcement action including:
(1)
Assessing administrative civil penalties as provided below and as
necessary to cover the costs associated with performing inspections,
supervising or rendering assistance with identifying and citing the
violation, issuing abatement and restoration orders, and reviewing
mitigation plans and ensuring compliance with these plans;
(3)
Requiring the implementation of mitigation measures, in addition
to restoration activities, to offset the environmental damage and
degradation or loss of environmental benefit resulting from the violation.
E.
Right to enter property. Except as otherwise prohibited and in accordance
with the procedures specified herein, the Mayor and Council of Snow
Hill or its designee may obtain access to and enter upon a property
in order to investigate, identify or verify a suspected violation,
restrain a development activity, or issue a citation if Snow Hill
has probable cause to believe that a violation of this chapter has
occurred, is occurring, or will occur. Snow Hill shall make a reasonable
effort to contact a property owner before obtaining access to or entering
the property. If entry is denied, Snow Hill may seek an injunction
to enter the property to pursue an enforcement action.
F.
Administrative civil penalties. In addition to any other penalty
applicable under state or Snow Hill law, every violation of a provision
of Natural Resources Article, Title 8, Subtitle 18, and/or this Critical
Area Ordinance shall be punishable by a civil penalty of up to $10,000
per calendar day that a violation continues.
(1)
Before imposing any civil penalty, the person(s) believed to have
violated this chapter shall receive written notice of the alleged
violation(s) including which, if any, are continuing violations, and
an opportunity to be heard. The notice of violation(s) shall specify
the date, time, and location of the hearing afforded to the person(s)
charged with a violation. The amount of the civil penalty for each
violation, including each continuing violation, shall be determined
separately. For each continuing violation, the amount of the civil
penalty shall be determined per day. In determining the amount of
the civil penalty, Snow Hill shall consider:
(a)
The gravity of the violation;
(b)
The presence or absence of good faith of the violator;
(c)
Any willfulness or negligence involved in the violation including
a history of prior violations;
(d)
The environmental impact of the violation; and
(e)
The cost of restoration of the resource affected by the violation
and mitigation for damage to that resource, including the cost to
Snow Hill for performing, supervising, or rendering assistance to
the restoration and mitigation.
(2)
Administrative civil penalties for continuing violations shall accrue
for each violation, every day each violation continues, with no requirements
for additional assessments, notice, or hearings for each separate
offense. The total amount payable for continuing violations shall
be the amount assessed per day for each violation multiplied by the
number of days that each violation has continued.
(3)
The person responsible for any continuing violation shall promptly
provide Snow Hill with written notice of the date(s) the violation
has been or will be brought into compliance and the date(s) for Snow
Hill's inspection to verify compliance. Administrative civil
penalties for continuing violations continue to accrue as set forth
herein until Snow Hill receives such written notice and verifies compliance
by inspection or otherwise.
(4)
Assessment and payment of administrative civil penalties shall be
in addition to and not in substitution for recovery by Snow Hill of
all damages, costs, and other expenses caused by the violation.
(5)
Payment of all administrative civil penalties assessed shall be a
condition precedent to the issuance of any permit or other approval
required by this chapter.
G.
Cumulative remedies. The remedies available to Snow Hill under this
chapter are cumulative and not alternative or exclusive, and the decision
to pursue one remedy does not preclude pursuit of others.
H.
Injunctive relief. Snow Hill is authorized to institute injunctive
or other appropriate actions or proceedings to bring about the discontinuance
of any violation of this chapter, an administrative order, a permit,
a decision, or other imposed condition.
(1)
The pendency of an appeal to the Board of Appeals or subsequent judicial
review shall not prevent Snow Hill from seeking injunctive relief
to enforce an administrative order, permit, decisions, or other imposed
condition, or to restrain a violation pending the outcome of the appeal
or judicial review.
I.
Variances pursuant to a violation. Snow Hill may accept an application
for a variance regarding a parcel or lot that is subject to a current
violation of this subtitle or any provisions of an order, permit,
plan, or this chapter in accordance with the variance provisions of
this chapter. However, the application shall not be reviewed, nor
shall a final decision be made until all abatement, restoration, and
mitigation measures have been implemented and inspected by the Town
of Snow Hill.
J.
Permits pursuant to a violation. Snow Hill may not issue any permit,
approval, variance, or special exception, unless the person seeking
the permit has:
(2)
Prepared a restoration or mitigation plan, approved by Snow Hill,
to abate impacts to water quality or natural resources as a result
of the violation;
(3)
Performed the abatement measures in the approved plan in accordance
with the Snow Hill regulations; and
(4)
Unless an extension of time is approved by Snow Hill because of adverse
planting conditions, within 90 days of the issuance of a permit, approval,
variance, or special exception for the affected property, any additional
mitigation required as a condition of approval for the permit, approval,
variance, or special exception shall be completed.
K.
Appeals. An appeal to the Board of Appeals may be filed by any person
aggrieved by any order, requirement, decision or determination by
Snow Hill in connection with the administration and enforcement of
this chapter.
(2)
An appeal must be filed within 30 days after the date of the decision
or order being appealed; and
(3)
An appeal stays all actions by Snow Hill seeking enforcement or compliance
with the order or decisions being appealed, unless Snow Hill certifies
in writing to the Board of Appeals that because of facts stated in
said certification such stay will cause imminent peril to life or
property. In such a case, action by Snow Hill shall not be stayed
except by order of the Board of Appeals or a court upon application
of the party seeking the stay.
A.
Applicability and delineation. As to any development activity or
a change in land use for property within the purview of this Critical
Area Ordinance, a minimum one-hundred-foot buffer as described and
defined herein shall apply. The minimum one-hundred-foot buffer shall
be accurately delineated in the field and accurately shown on all
applications as follows:
(2)
The buffer shall be expanded beyond the minimum one-hundred-foot buffer as described in Subsection A(1) above and the minimum two-hundred-foot buffer as described in Subsection A(3) below, to include the following contiguous land features:
(a)
A steep slope at a rate of four feet for every 1% of slope or
the entire steep slope to the top of the slope, whichever is greater;
(b)
A nontidal wetland to the upland boundary of the nontidal wetland;
(c)
The one-hundred-foot buffer that is associated with a nontidal
wetland of special state concern as stated in COMAR 26.23.06.01;
(3)
Applications for a subdivision or for a development activity on land
located within the Resource Conservation Area requiring site plan
approval after July 1, 2008, shall include:
B.
Permitted activities. If approved by Snow Hill, disturbance to the buffer is permitted for the following activities, provided mitigation is performed in accordance with an approved buffer management plan as required per Subsection F of this section:
(1)
A new development or redevelopment activity associated with a water-dependent
facility or located in an approved Buffer Management Area;
(2)
A shore erosion control activity constructed in accordance with COMAR
26.24.02, COMAR 27.01.04, and this chapter;
(3)
A development or redevelopment activity approved in accordance with
the variance provisions of this chapter;
(4)
A new development or redevelopment activity on a lot or parcel that
was created before January 1, 2010, where:
(a)
The buffer is expanded for highly erodible soil on a slope less
than 15% or is expanded for a hydric soil and the expanded buffer
occupies at least 75% of the lot or parcel;
(b)
The development or redevelopment is located in the expanded
portion of the buffer and not within the one-hundred-foot buffer;
and
(c)
Mitigation occurs at a 2:1 ratio based on the lot coverage of
the proposed development activity that is in the expanded buffer.
(5)
A new or replacement septic system on a lot created before January
2, 1990, where:
C.
buffer establishment in vegetation. An applicant for a development
activity, redevelopment activity or a change in land use that occurs
outside the buffer, but is located on a riparian lot or parcel that
includes the minimum one-hundred-foot buffer, shall establish the
buffer in vegetation if the buffer is not fully forested or fully
established in woody or wetland vegetation. Snow Hill shall require
a buffer management plan in accordance with the standards of this
section.
D.
Mitigation for impacts to the buffer. An applicant for a development
activity that includes disturbance to the buffer shall mitigate for
impacts to the buffer and shall provide a buffer management plan in
accordance with the standards set forth in this section.
(1)
Authorized development activities may include a variance, subdivision,
site plan, shore erosion control permit, building permit, grading
permit, septic system approved by the Worcester County Health Department
on a lot created before January 2, 1990, and special exception.
(2)
All authorized development activities shall be mitigated according
to COMAR 27.01.09.01-2.
(3)
All unauthorized development activities in the buffer shall be mitigated
at a ratio of 4:1 for the limit of disturbance in the buffer.
(4)
Planting for mitigation shall be planted on site within the buffer.
If mitigation planting cannot be located within the buffer, then Snow
Hill may permit planting in the following order of priority:
F.
Required submittal of buffer management plans. An applicant that
is required to plant the buffer to meet establishment or mitigation
requirements shall submit a buffer management plan as provided in
COMAR 27.01.09.01-3 with the application for the specific activity.
The provisions of this section do not apply to maintaining an existing
grass lawn or an existing garden in the buffer.
(1)
A buffer management plan that includes planting for establishment
shall be submitted with all other application materials, clearly specify
the area to be planted and state if the applicant is:
(2)
Any permit for development activity that requires buffer establishment
or buffer mitigation will not be issued until a buffer management
plan is approved by Snow Hill.
(3)
An applicant may not obtain final approval of a subdivision application
until the buffer management plan has been reviewed and approved by
Snow Hill.
(5)
For a buffer management plan that is the result of an authorized
disturbance to the buffer, a permit authorizing final use and occupancy
will not be issued until the applicant:
(a)
Completes the implementation of a buffer management plan; or
(6)
Concurrent with recordation of a subdivision plat, an applicant shall
record a protective easement for the buffer.
(7)
If an applicant fails to implement a buffer management plan, that
failure shall constitute a violation of this chapter.
(a)
A permit for development activity will not be issued for a property
that has the violation.
(8)
An applicant shall post a subdivision with permanent signs prior
to final recordation in accordance with COMAR 27.01.09.01-2.
G.
Fees-in-lieu of buffer mitigation. A fee in-lieu of mitigation will
be collected if the planting requirements of the buffer management
plan cannot be fully met on site, in accordance with the following
standards:
(1)
Fee-in-lieu monies shall be collected and held in a special fund,
which may not revert to Snow Hill's general fund;
(2)
Fee-in-lieu shall be assessed at $1.50 per square foot of required
buffer mitigation;
(3)
A portion of fee-in-lieu money can be used for management and administrative
costs; however, this cannot exceed 20% of the fees collected; and
(4)
Fee-in-lieu monies shall be used for the following projects:
H.
Shore erosion control projects. Shore erosion control measures are
permitted activities within the buffer in accordance with the following
requirements:
(1)
An applicant for a shore erosion control project that affects the
buffer in any way, including, but not limited to, access, vegetation
removal and pruning, or backfilling, shall submit a buffer management
plan in accordance with the requirements of this section; and
(2)
Comply fully with all of the policies and criteria for a shore erosion
control project stated in COMAR 27.01.04 and COMAR 26.24.
Development and redevelopment standards: New development or
redevelopment activities, including structures, roads, parking areas
and other impervious surfaces, lot coverage, or septic systems, will
not be permitted in the buffer in a designated Buffer Management Area
unless the applicant can demonstrate that there is no feasible alternative
and the Planning Commission finds that efforts have been made to minimize
buffer impacts and the development shall comply with the following
standards:
A.
Development and redevelopment activities have been located as far
as possible from mean high tide, the landward edge of tidal wetlands,
or the edge of tributary streams.
B.
Variances to other local setback requirements have been considered
before additional intrusion into the buffer.
C.
Commercial, industrial, institutional, recreational and multifamily
residential development and redevelopment shall meet the following
standards:
(1)
New development, including accessory structures, shall minimize the
extent of intrusion into the buffer. New development shall not be
located closer to the water (or edge of tidal wetlands) than the minimum
required setback for the zoning district or 50 feet, whichever is
greater. Structures on adjacent properties shall not be used to determine
the setback line.
(2)
Redevelopment, including accessory structures, shall minimize the
extent of intrusion into the buffer. Redevelopment shall not be located
closer to the water (or edge of tidal wetlands) than the local setback
for the zoning district or 25 feet, whichever is greater. Structures
on adjacent properties shall not be used to determine the setback
line. A new structure may be constructed on the footprint of an existing
structure.
D.
Single-family residential development and redevelopment shall meet
the following standards:
(1)
New development or redevelopment shall minimize the shoreward extent
of intrusion into the buffer. New development and redevelopment shall
not be located closer to the water (or the edge of tidal wetlands)
than principal structures on adjacent properties or the local setback
for the zoning district, whichever is greater. In no case shall new
development or redevelopment be located less than 50 feet from the
water (or the edge of tidal wetlands).
(2)
Existing principal or accessory structures may be replaced in the
same footprint.
(3)
New accessory structures may be located closer to the water than
the setback if the Planning Commission has determined there are no
other locations for the structures. The area of new accessory structures
shall not exceed 500 square feet within 50 feet of the water and 1,000
square feet total in the buffer.
E.
Variances to other local setback requirements shall be considered
before additional intrusion into the buffer is permitted.
F.
Development and redevelopment may not impact any habitat protection
area (HPA) other than the buffer, including nontidal wetlands, other
state or federal permits notwithstanding.
G.
Buffer Management Area (BMA) designation shall not be used to facilitate
the filling of tidal wetlands that are contiguous to the buffer or
to create additional buildable land for new development or redevelopment.
H.
No natural vegetation may be removed in the buffer except that required
by the proposed construction.
I.
Mitigation for development or redevelopment in the Buffer Management
Area approved under the provisions of this subsection shall be implemented
as follows:
(1)
Natural forest vegetation of an area twice the extent of the footprint
of the development activity within the one-hundred-foot buffer shall
be planted on site in the buffer or at another location approved by
the Planning Commission.
(2)
Applicants who cannot fully comply with the planting requirement in Subsection I(1) above may offset by removing an equivalent area of existing lot coverage in the buffer.
(4)
Any fees-in-lieu collected under these provisions shall be placed
in an account that will assure their use only for projects within
the Critical Area to enhance wildlife habitat, improve water quality,
or otherwise promote the goals of Snow Hill's Critical Area Ordinance.
The funds cannot be used to accomplish a project or measure that would
have been required under existing local, state, or federal laws, regulations,
statutes, or permits. The status of these funds must be reported to
the Critical Area Commission in the jurisdiction's quarterly
reports.
(5)
Any required mitigation or offset areas shall be protected from future
development through an easement, development agreement, plat notes
or other instrument and recorded among the land records of the County.
A.
Identification. An applicant for a development activity, redevelopment
activity or change in land use shall identify all applicable habitat
protection areas and follow the standards contained in this section.
Habitat protection areas includes:
(1)
Threatened or endangered species or species in need of conservation;
(2)
Colonial water bird nesting sites;
(3)
Historic waterfowl staging and concentration areas in tidal waters,
tributary streams or tidal and nontidal wetlands;
(4)
Existing riparian forests;
(5)
Forest areas utilized as breeding areas by future interior dwelling
birds and other wildlife species;
(6)
Other plant and wildlife habitats determined to be of local significance;
(7)
Natural Heritage Areas; and
(8)
Anadromous fish propagation waters.
B.
Standards.
(1)
An applicant for a development activity proposed for a site within
the Critical Area that is in or near a habitat protection area listed
above, shall request review by the Department of Natural Resources
Wildlife and Heritage Service for comment and technical advice. Based
on the Department's recommendations, additional research and
site analysis may be required to identify the location of threatened
and endangered species and species in need of conservation on a site.
(2)
If the presence of a habitat protection area is confirmed by the
Department of Natural Resources, the applicant shall develop a habitat
protection plan in coordination with the Department of Natural Resources.
(3)
The applicant shall obtain approval of the habitat protection plan
from the Planning Commission. The specific protection and conservation
measures included in the plan shall be considered conditions of approval
of the project.
The following words have the following meanings for the purposes
of implementing the Critical Area Ordinance and the Snow Hill Zoning
Ordinance, and the singular always include the plural, and vice versa,
except where such construction would be unreasonable:
The act of putting an end to a land alteration or development
activity or reducing the degree or intensity of the alteration or
activity.
A structure that is detached from the principal structure,
located on the same lot and clearly incidental and subordinate to
a principal structure, or, if there is no principal structure on the
lot, a structure that is customarily incidental and subordinate to
a principal structure.
Newly constructed area that increases the size of a structure.
The establishment of a tree crop on an area from which it
has always or very long been absent, or the planting of open areas
which are not presently in forest cover.
A nonpossessory interest in land which restricts the conversion
of use of the land, preventing nonagricultural uses.
All methods of production and management of livestock, crops,
vegetation, and soil. This includes, but is not limited to, the related
activities of tillage, fertilization, pest control, harvesting, and
marketing. It also includes, but is not limited to, the activities
of feeding, housing, and maintaining of animals such as cattle, dairy
cows, sheep, goats, hogs, horses, and poultry and handling their by-products.
Fish that travel upstream (from their primary habitat in
the ocean) to freshwater in order to spawn.
Those streams that are tributary to the Chesapeake Bay and
Atlantic Coastal Bays in which the spawning of anadromous species
of fish (e.g., rockfish, striped bass, yellow perch, white perch,
shad, and river herring) occurs or has occurred. The streams are identified
by the Department of Natural Resources.
Farming or culturing of finfish, shellfish, other aquatic plants
or animals or both, in lakes, streams, inlets, estuaries, and other
natural or artificial water bodies or impoundments;
Activities include hatching, cultivating, planting, feeding,
raising, and harvesting of aquatic plants and animals and the maintenance
and construction of necessary equipment, buildings, and growing areas;
and
Cultivation methods include, but are not limited to, seed or
larvae development and grow out facilities, fish ponds, shellfish
rafts, rack and longlines, seaweed floats and the culture of clams
and oysters on tidelands and subtidal areas.
For the purpose of this definition, related activities such
as wholesale and retail sales, processing and product storage facilities
are not considered aquacultural practices.
Conservation practices or systems of practices and management
measures that control soil loss and reduce water quality degradation
caused by nutrients, animal waste, toxics and sediment. Agricultural
BMPs include, but are not limited to, strip cropping, terracing, contour
stripping, grass waterways, animal waste structures, ponds, minimal
tillage, grass and naturally vegetated filter strips, and proper nutrient
application measures.
Area that based on conditions at the time of development
is immediately landward from mean high water of tidal waterways, the
edge of bank of a tributary stream, or the edge of a tidal wetland;
and the area exists in, or is established in, natural vegetation to
protect a stream, tidal wetland, tidal waters or terrestrial environments
from human disturbance. The buffer includes an area of at least 100
feet even if that area was previously disturbed by human activity
or is currently developed and also include any expansion for contiguous
sensitive areas, such as a steep slope, hydric soil, highly erodible
soil, nontidal wetland, or a nontidal wetland of special state concern
as defined in the COMAR 26.23.01.01.
An area officially mapped by the Town of Snow Hill and approved
by the Critical Area Commission as a BMA, where it has been sufficiently
demonstrated that the existing pattern of residential, industrial,
commercial, institutional, or recreational development prevents the
buffer from fulfilling its water quality and habitat functions, and
where development in accordance with specific BMA provisions can be
permitted in the buffer without a variance.
Includes a major buffer management plan, a minor buffer management
plan, and a simplified buffer management plan.
A tree that when mature commonly reaches a height of at least
35 feet.
A residential development in which dwelling units are concentrated
in a selected area or selected areas of the development tract so as
to provide natural habitat or other open space uses on the remainder.
Herons, egrets, terns, and glossy ibis. For the purposes
of nesting, these birds congregate (that is "colonize") in relatively
few areas, at which time the regional populations of these species
are highly susceptible to local disturbances.
The Code of Maryland Regulations, as from time to time amended,
including any successor provisions.
The Critical Area Commission for the Chesapeake and Atlantic
Coastal Bays.
Boat docking facilities associated with subdivisions or similar
residential areas, and with condominium, apartment and other multiple-family
dwelling units. Private piers are excluded from this definition.
A compilation of policy statements, goals, standards, maps
and pertinent data relative to the past, present and future trends
of the local jurisdiction, including, but not limited to, its population,
housing, economics, social patterns, land uses, water resources and
their use, transportation facilities and public facilities prepared
by or for the planning board, agency or office.
A nonpossessory interest in land which restricts the manner
in which the land may be developed in an effort to reserve natural
resources for future use.
A combination of any legal parcels of land or recorded legally
buildable lot(s) into fewer lots or parcels than originally existed.
An application for consolidation may include a subdivision, lot line
abandonment, boundary line adjustment, replatting request, or lot
line adjustment.
All lands and waters defined in § 8-1807 of the
Natural Resources Article, Annotated Code of Maryland. They include:
All waters of and lands under the Chesapeake Bay and Atlantic
Coastal Bays and their tributaries to the head of tide;
All state and private wetlands designated under Title 16 of
the Environment Article, Annotated Code of Maryland;
All land and water areas within 1,000 feet beyond the landward
boundaries of state or private wetlands and the heads of tides designated
under Title 16 of the Environment Article, Annotated Code of Maryland;
and
Modification to these areas through inclusions or exclusions
proposed by local jurisdictions and approved by the Critical Area
Commission as specified in § 8-1807 of the Natural Resources
Article, Annotated Code of Maryland.
The number of dwelling units per acre within a defined and
measurable area.
An area of trees or of trees and natural vegetation that
is interspersed with residential, commercial, industrial or recreational
development.
A person who undertakes development activity as defined in
this chapter; or a person who undertakes development activity as defined
in the Criteria of the Commission.
The construction or substantial alteration of residential,
commercial, industrial, institutional or transportation facilities
or structures.
An alteration or change to the land. It includes any amount
of clearing, grading, or construction activity. Disturbance does not
include gardening or maintaining an existing grass lawn.
Forested areas where the occurrence of interior dwelling
birds, during the breeding season, has been demonstrated as a result
of on-site surveys using standard biological survey techniques.
A single unit providing complete, independent living facilities
for at least one person, including permanent provisions for sanitation,
cooking, eating, sleeping, and other activities routinely associated
with daily life. Dwelling unit includes living quarters for a domestic
or other employee or tenant, an in-law or accessory apartment, a guesthouse,
or a caretaker residence.
A more-or-less self-contained biological community together
with the physical environment in which the community's organisms
occur.
Any species of fish, wildlife, or plants that has been designated
as endangered by regulation of the Department of Natural Resources.
Designation occurs when the continued existence of these species as
viable components of the state's resources are determined to
be in jeopardy. This includes any species determined to be an "endangered"
species pursuant to the Federal Endangered Species Act, 16 U.S.C.
§ et seq.,[1] as amended.
The planting or regeneration of native vegetation throughout
the buffer.
All increases in stormwater resulting from:
An increase in the lot coverage on the site, including all additions
to buildings, roads, and parking lots;
Changes in permeability caused by compaction during construction
or modifications in contours, including the filling or drainage of
small depression areas;
Alteration of drainageways or regrading of slopes;
Destruction of forest; or
Installation of collection systems to intercept street flows
or to replace swales or other drainageways.
A performance bond, letter of credit, cash deposit, insurance
policy, or other instrument of security acceptable to the Town of
Snow Hill.
Commercial water-dependent fisheries facilities including
structures for the parking, processing, canning, or freezing of finfish,
crustaceans, mollusks, and amphibians and reptiles and also including
related activities such as wholesale and retail sales product storage
facilities, crab shedding, off-loading docks, shellfish culture operations,
and shore-based facilities necessary for aquacultural operations.
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater. "Forest"
includes areas that have at least 100 trees per acre with at least
50% of those trees having two-inch-or-greater diameter at 4.5 feet
above the ground and forest areas that have been cut, but not cleared.
"Forest" does not include orchards.
Species of birds which require relatively large forested
tracts in order to breed successfully (for example, various species
of flycatchers, warblers, vireos, and woodpeckers).
The protection, manipulation, and utilization of the forest
to provide multiple benefits, such as timber harvesting, water transpiration,
wildlife habitat, etc.
The buffer contains as much diverse, native vegetation as
necessary to support a firm and stable riparian habitat capable of
self-sustaining growth and regeneration.
A parcel of land that was created or a lot created through
the subdivision process and recorded as a legally buildable lot prior
to December 1, 1985.
The number of acres of land in the Critical Area that the
Town of Snow Hill may use, or the county may allocate to municipal
jurisdictions to use, to create new Intensely Developed Areas and
new Limited Development Areas. The growth allocation is 5% of the
total Resource Conservation Area acreage in Snow Hill at the time
the Critical Area Commission approved Snow Hill's original Critical
Area Ordinance, not including tidal wetlands or land owned by the
federal government.
A plan that provides for the protection and conservation
of the species and habitats identified as habitat protection areas
in the Critical Area. The plan shall be specific to the site or area
where the species or its habitat is located and shall address all
aspects of a proposed development activity that may affect the continued
presence of the species. These include, but are not limited to, cutting,
clearing, alterations of natural hydrology, and increases in lot coverage.
In developing the plan, an applicant shall coordinate with the Department
of Natural Resources to ensure that the plan is adequate to provide
for long-term conservation and can be effectively implemented on the
specific site.
Those soils with a slope greater than 15%; or those soils
with a K value greater than 0.35 and with slopes greater than 5%.
An area of open water and adjacent marshes where waterfowl
gather during migration and throughout the winter season. These areas
are historic in the sense that their location is common knowledge
and because these areas have been used regularly during recent times.
Soils that are wet frequently enough to periodically produce
anaerobic conditions, thereby influencing the species composition
or growth, or both, of plants on those soils.
Those plants cited in "Vascular Plant Species Occurring in
Maryland Wetlands" (Dawson, F. et al., 1985) which are described as
growing in water or on a substrate that is at least periodically deficient
in oxygen as a result of excessive water content (plants typically
found in water habitats).
A father, mother, son, daughter, grandfather, grandmother,
grandson, or granddaughter.
The replacement of a structure with another structure that
is smaller than or identical to the original structure in footprint
area, width, length.
An area of at least 20 acres or the entire upland portion
of the Critical Area within a municipal corporation, whichever is
less, where residential, commercial, institutional, or industrial
developed land uses predominate, and a relatively small amount of
natural habitat occurs. These areas include an area with a housing
density of at least four dwelling units per acre; an area with public
water and sewer systems with a housing density of more than three
dwelling units per acre.
A species that is nonnative or alien to the ecosystem under
consideration whose introduction causes or is likely to cause economic
or environmental harm or harm to human health.
The soil erodibility factor in the Universal Soil Loss Equation.
It is a quantitative value, that is experimentally determined.
Any activity that removes the vegetative ground cover.
A shrub that, when mature, reaches a height of at least six
feet.
All physical improvements to a property that existed before
Critical Area Commission approval of a local ordinance, or were properly
permitted in accordance with the provisions of the local ordinance
in effect at the time of construction.
An area with a housing density ranging from one dwelling
unit per five acres up to four dwelling units per acre; with a public
water or sewer system; that is not dominated by agricultural land,
wetland, forests, barren land, surface water, or open space; or that
is less than 20 acres and otherwise qualifies as an intensely developed
area under the definition in this chapter.
A suite of stabilization and erosion control measures that
preserve the natural shoreline and are designed to minimize shoreline
erosion, maintain coastal process, and provide aquatic habitat. Measures
must include marsh plantings and may include the use of sills, sand
containment structures, breakwaters, or other natural components.
Development of a minor scale, which causes environmental
or economic consequences that are largely confined to the immediate
area of the parcel of land on which it is located; does not substantially
affect the Critical Area Ordinance of the Town of Snow Hill; and is
not considered to be major development as defined in this chapter.
The percentage of a total lot or parcel that is occupied
by a structure, accessory structure, parking area, driveway, walkway,
or roadway; or covered with a paver, walkway gravel, stone, shell,
impermeable decking, a paver, permeable pavement, or any other man-made
material. Lot coverage includes the ground area covered or occupied
by a stairway or impermeable deck, but does not include a fence or
wall that is less than one foot in width that has not been constructed
with a footer; a walkway in the buffer or expanded buffer, including
a stairway, that provides direct access to a community or private
pier; a wood mulch pathway; or a deck with gaps to allow water to
pass freely.
Development of a scale that may cause state-wide, regional,
or interjurisdictional, environmental or economic effects in the Critical
Area, or which may cause substantial impacts to the Critical Area
of a local jurisdiction. This development includes, but is not limited
to, airports, powerplants, wastewater treatment plants, highways,
regional utility transmission facilities, prisons, hospitals, public
housing projects, public beaches, and intensely developed park and
recreation facilities.
Any facility for the mooring, berthing, storing, or securing
of watercraft, but not including community piers and other noncommercial
boat docking and storage facilities.
The average level of high tides at a given location.
An action taken to compensate for adverse impacts to the
environment resulting from development, development activity, or a
change in land use or intensity.
A species that is indigenous to the physiographic area in
Maryland where the planting is proposed.
Any communities of plants or animals which are considered
to be among the best statewide examples of their kind, and are designated
by regulation by the Secretary of the Department of Natural Resources.
The natural establishment of trees and other vegetation with
at least 400 free-to-grow seedlings per acre, which are capable of
reaching a height of at least 20 feet at maturity.
Those plant communities that develop in the absence of human
activities.
For purposes of implementing specific provisions of this
chapter, new developments (as opposed to redevelopment) means a development
activity that takes place on a property with predevelopment imperviousness
(in Intensely Developed Areas) or lot coverage (Limited Development
Areas and Resource Conservation Areas) of less than 15% as of December
1, 1985.
Pollution generated by diffuse land use activities rather
than from an identifiable or discrete facility. It is conveyed to
waterways through natural processes, such as rainfall, storm runoff,
or groundwater seepage rather than by deliberate discharge. Nonpoint
source pollution is not generally corrected by "end-of-pipe" treatment,
but rather by changes in land management practices.
Those areas regulated under Subtitle 9 of the Environment
Article that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, commonly known as hydrophytic
vegetation. The determination of whether an area is a nontidal wetland
shall be made in accordance with the publication known as the "Federal
Manual for Identifying and Delineating Jurisdictional Wetlands," published
in 1989 and as may be amended. Nontidal wetlands do not include tidal
wetlands regulated under Title 16 of the Environment Article of the
Annotated Code of Maryland.
Structures or actions that compensate for undesirable impacts.
Land and water areas retained in an essentially undeveloped
state.
An individual, partnership, corporation, contractor, property
owner, or any other person or entity.
The soils, topography, land slope and aspect, and local climate
that influence the form and species composition of plant communities.
Any pier, wharf, dock, walkway, bulkhead, breakwater, piles
or other similar structure. Pier does not include any structure on
pilings or stilts that was originally constructed beyond the landward
boundaries of state or private wetlands.
A community of plants commonly identifiable by the composition
of its vegetation and its physiographic characteristics.
A facility or area established or designated by the state
or local jurisdictions for purposes of waterborne commerce.
The primary or predominant structure on any lot or parcel.
For residential parcels or lots, the principal structure is the primary
dwelling.
Any change or proposed change to an adopted ordinance that
is not determined by the Chairman of the Critical Area Commission
to be an ordinance refinement.
Any change or proposed change to an adopted ordinance that
the Chairman of the Critical Area Commission determines will result
in a use of land or water in the Chesapeake Bay Critical Area or Atlantic
Coastal Bays Critical Area in a manner consistent with the adopted
ordinance, or that will not significantly affect the use of land or
water in the Critical Area. Ordinance refinement may include:
A change to an adopted ordinance that results from state law;
A change to an adopted ordinance that affects local processes
and procedures;
A change to a local ordinance or code that clarifies an existing
provision; and
A minor change to an element of an adopted ordinance that is
clearly consistent with the provisions of State Critical Area law
and all the Criteria of the Commission.
A person holding title to a property or two or more persons
holding title to a property under any form of joint ownership.
Shore-dependent recreation facilities or activities provided
by public agencies that are available to the general public.
The reasonable rehabilitation of disturbed land for useful
purposes, and the protection of the natural resources of adjacent
areas, including water bodies.
A change of the arrangement of an existing lot or parcel
line of any legal parcel of land or recorded legally buildable lot.
An application for reconfiguration may include a subdivision, a lot
line adjustment, a boundary line adjustment, a replatting request,
or a revision of acreage to increase density.
The process of developing land which is or has been developed.
For purposes of implementing specific provisions of this chapter,
redevelopment (as opposed to new development) means a development
activity that takes place on property with predevelopment imperviousness
(in Intensely Developed Areas) or lot coverage (in Limited Development
Areas and Resource Conservation Areas) of 15% or greater.
The establishment of a forest through artificial reproduction
or natural regeneration.
An area that is characterized by nature-dominated environments,
such as wetlands, surface water, forests, and open space; and resource-based
activities, such as agriculture, forestry, fisheries, or aquaculture.
Resource Conservation Areas include areas with a housing density of
less than one dwelling per five acres.
Any and all activities associated with the utilization of
natural resources such as agriculture, forestry, surface mining, aquaculture,
and fisheries activities.
The act of returning a site or area to an original state
or any action that reestablishes all or a portion of the ecological
structure and functions of a site or area.
A habitat that is strongly influenced by water and which
occurs adjacent to streams, shorelines, and wetlands.
Those structures or measures constructed or installed to
prevent or minimize erosion of the shoreline in the Critical Area.
Areas that erode two feet or more per year.
A shrub that, when mature, reaches a height no greater than
six feet.
Those fish and wildlife whose continued existence as part
of the state's resources are in question and which may be designated
by regulation by the Department of Natural Resources as in need of
conservation pursuant to the requirements of Natural Resources Article,
§§ 10-2A-06 and 4-2A-03, Annotated Code of Maryland.
Slopes of 15% or greater incline.
Building or construction materials, or a combination of those
materials that are purposely assembled or joined together on or over
land or water. "Structure" includes a temporary or permanent fixed
or floating pier, piling, deck, walkway, dwelling, building, boathouse,
platform, gazebo, or shelter for the purpose of marine access, navigation,
working, eating, sleeping, or recreating.
Any repair, reconstruction, or improvement of a principal
structure, where the proposed footprint equals or exceeds 50% of the
existing principal structure.
A forest practice used to accelerate tree growth of quality
trees in the shortest interval of time.
Any species of fish, wildlife, or plants designated as such
by regulation by the Department of Natural Resources that appear likely,
within the foreseeable future, to become endangered, including any
species of wildlife or plant determined to be a "threatened" species
pursuant to the Federal Endangered Species Act, 16 U.S.C. § 1431
et seq., as amended.
The existing configuration of the earth's surface including
the relative relief, elevation, and position of land features.
A plant community whose species are adapted to the diverse
and varying environmental conditions that occur along the boundary
that separates aquatic and terrestrial areas.
Anything that is built, installed, or established to provide
a means of transport from one place to another.
A perennial stream or intermittent stream within the Critical
Area that has been identified by site inspection or in accordance
with local ordinance procedures approved by the Critical Area Commission.
The layer of forest vegetation typically located underneath
the forest canopy.
A tree that, when mature, reaches a height between 12 and
35 feet.
Without a variance, an applicant would be denied reasonable
and significant use of the entire parcel or lot for which the variance
is requested.
The landward edge of a tidal wetland or nontidal wetland.
Fixed structures that convey or distribute resources, wastes,
or both, including but not limited to electrical lines, water conduits
and sewer lines.
The raising of fish and shellfish in any natural, open, free-flowing
water body.
Those structures or works associated with industrial, maritime,
recreational, educational, or fisheries activities that require location
at or near the shoreline within the buffer. An activity is water-dependent
if it cannot exist outside the buffer and is dependent on the water
by reason of the intrinsic nature of its operation. Such activities
include, but are not limited to, ports, the intake and outfall structures
of power plants, water-use industries, marinas and other boat docking
structures, public beaches and other public water-oriented recreation
areas, and fisheries activities.
Birds that frequent and often swim in water, nest and raise
their young near water, and derive at least part of their food from
aquatic plants and animals.
An industry that requires location near the shoreline because
it utilizes surface waters for cooling or other internal purposes.
A strip of land having vegetation that provides habitat and
safe passage for wildlife.
Those plant communities and physiographic features that provide
food, water, cover, and nesting areas, as well as foraging and feeding
conditions necessary to maintain populations of animals in the Critical
Area.
[1]
Editor's Note: See 16 U.S.C. § 1531 et seq.
